ACCESSORY USES AND STRUCTURES
(a)
Building permit required. No owner shall, within the village, build, construct, use, or place any type of an accessory building, including prefabricated accessory buildings, until a building permit shall have first been obtained from the building inspector. Application for an accessory building permit shall be made in writing to the building inspector. With such application, there shall be submitted a fee and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory building with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
(b)
Principal use required. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located except as specially otherwise provided.
(c)
Placement restrictions in residential district. An accessory use or structure in a residential district may be established subject to the following:
(1)
Number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building and one children's play structure may be placed on a lot, except as provided in subsection (c)(2) of this section;
(2)
Limitation on number of attached garages and accessory buildings.
a.
A residentially zoned parcel with a single garage attached to the dwelling and with alley access is permitted to have an additional one-car or two-car detached garage on the parcel. If a detached garage is erected, no other detached accessory buildings may be constructed or maintained on the parcel;
b.
A residentially zoned parcel with more than a one-stall garage attached to the dwelling and with alley access is permitted to have an additional one-stall garage on the parcel. If a detached garage is erected, no other detached accessory buildings may be constructed or maintained on the parcel;
c.
A garage attached to a dwelling shall be three stalls or less. Dwellings with an attached three stall garage are not permitted to have an additional detached garage on the parcel;
d.
A lot zoned for single-family residential use and equal to or greater than two acres may have an attached two-stall garage and a detached two-stall garage;
e.
One chicken coop with enclosure may be added to a parcel pursuant to section 14-50 and section 133-1138.
f.
One accessory dwelling unit may be added to a parcel pursuant to Section 133-1139.
(3)
Attached accessory buildings. All accessory buildings that are attached to the principal building shall comply with the yard requirements of the principal building;
(4)
Lot area coverage for detached accessory buildings. No detached accessory building shall occupy any portion of the required front yard. Garages and other detached accessory buildings shall be less than 15 feet in height. No detached accessory building shall occupy more than 30 percent of the required rear yard or be located within three feet of any other accessory building or lot line or be located within five feet of an alley line. The dimensions of any swimming pool, children's play structure, detached garage, tennis court and other detached accessory buildings/structures shall be included in the determination of available lot area coverage for accessory structures;
(5)
Detached accessory buildings prohibited in front yards. An accessory structure shall not be located forward of the front line of the principal structure, except for one detached one-stall or two-stall garage on a lot zoned for single-family residential use and equal to or greater than two acres so long as the detached garage is not placed in any part of the required front setback area or the portion of the front yard area located between two lines drawn perpendicular to the front line of the lot and extended to two comers of the principal building. Such front yard portion shall be the largest of any area formed by two comers of the principal building.
(d)
Use restrictions in residential districts. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade, or industry except for home occupations, as defined in this chapter;
(e)
Placement restrictions in nonresidential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall not be nearer than three feet to any side or rear lot line;
(f)
Reversed corner lots. When an accessory structure is located on the rear of a reversed comer lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, or nearer than three feet to the side line of the adjacent structure;
(g)
Landscaping uses. Accessory vegetation used for landscaping and decoration may be placed in any required yard area. Permitted vegetation includes trees, shrubs, and flowers and gardens. Under no circumstances may a tent be used as a dwelling or an accessory structure;
(h)
Temporary uses. Temporary accessory uses such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure may be permitted by the zoning administrator;
(i)
Reserved.
(j)
Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, sundials, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line, other than a street line;
(k)
Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls;
(1)
Children's play structures. For purposes of this section, children's play structures, including playhouses, tree houses or elevated play structures, and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section, whether such play structures are placed on a foundation or not. Swing sets, slides, and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for the construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance.
(m)
Terrace area restrictions. In addition to the definitions and restrictions contained in section 58-3 and the definition of the term "major alteration" in section 72-21, no person shall place any accessory structure or use, including landscaping ornaments, stones, and basketball backboards/hoops, in the terrace area.
(Code 1998, § 106-1071; Ord. No. 97-11, § 13-1-140, 11-3-1997; Ord. of 4-17-2023, § 4; Ord. of 1-2-2024(1), § 2; Ord. No. 24-4, § 1, 5-6-2024)
(a)
No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.
(b)
Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences, as used in this subsection, shall not include hedges and other vegetation.
(c)
All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.
(d)
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or that are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to this Code.
(e)
Not more than 20 percent of the side and rear yard may be used for storage of firewood at any one time.
(Code 1998, § 106-1072; Ord. No. 97-11, § 13-1-141, 11-3-1997; Ord. of 1-2-2024(1), § 2)
No manure, rubbish, inoperable vehicles, salvage material, or miscellaneous refuse may be stored within any residential district when such may be construed as a menace to the public health or safety or when such may be held to have a depressing influence upon property values in the area. Junk shall be placed in properly zoned junkyards only.
(Code 1998, § 106-1073; Ord. No. 97-11, § 13-1-142, 11-3-1997; Ord. of 1-2-2024(1), § 2)
(a)
Definitions. For the purpose of this section, the term "fence" is defined as an enclosed barrier consisting of vegetation, wood, stone, or metal intended to prevent ingress or egress. For the purpose of this section, the term "fence" shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials that would constitute a nuisance.
(b)
Classification. Fences shall be categorized into five classifications as follows:
(1)
Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.
(2)
Protective fence. A fence constructed to enclose a hazard to the public health, safety, and welfare.
(3)
Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.
(4)
Hedge. A row of bushes of small trees planted close together that may form a barrier, enclosure, or boundary.
(5)
Picket fence. A fence having a pointed post, stake, pale, or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.
(c)
Height restrictions. Height of fences shall be subject to the following:
(1)
Residential fences less than six feet in height are permitted on rear and side lot lines. Residential fences less than or equal to four feet in height are permitted in the street yard but shall not be closer than two feet to any public right-of-way and shall be subject to the requirements of section 133-993 related to traffic visibility. Residential fences equal to or greater than six feet shall require a conditional use permit. All fences must be constructed and maintained in a good state of repair and appearance;
(2)
No fence, wall, hedge, or shrubbery shall be erected, placed, maintained, or grown along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
(d)
Setback for residential fences. Fences in or adjacent to a residential property may be constructed along lot lines. Fences may be constructed alongside lot lines but shall not extend into the street yard as extended to the side lot lines.
(e)
Fences in vision triangle. Fences within a required vision triangle at a street, alley, or driveway intersection must conform to section 133-993.
(f)
Security fences. Security fences are permitted on the property lines in all districts, except residential districts, but shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing. Security fences with an additional barbed wire barrier are permitted in industrially zoned areas. Such fences may be as much as 11 feet in total height, including support devices for securing barbed wire. The barbed wire portion of the fence may not be more than three feet in height, and the barbed wire shall not be less than eight feet from finished grade.
(g)
Prohibited fences. No fence shall be constructed that is in a dangerous condition or that conducts electricity or that is designed to shock with electricity. Barbed wire may be used at the top of fences in industrial and commercial zones, provided that the barbed wire and its supports are six feet four inches above the ground. Barbed wire supports may not extend beyond the lot line of the fenced property.
(h)
Maintenance. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.
(i)
Temporary fences. Fences erected for the protection of planting or to warn of construction hazard or for similar purposes shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described in this subsection, but such fences shall not be erected for more than 45 days.
(j)
Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Code of Ordinances and not in conformance with this section may be maintained, but any alteration, modification, or improvement of such fence shall comply with this section.
(Code 1998, § 106-1074; Ord. No. 97-11, § 13-1-143, 11-3-1997; Ord. No. 07-02, § 20, 4-2-2007; Ord. of 1-2-2024(1), § 2)
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Private or residential swimming pool or outdoor hot tub means an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1½ feet located above or below the surface of ground elevation that is used or intended to be used solely by the owner, operator, or lessee thereof and such owner's, operator's or lessee's family and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.
(b)
Exemptions. Pools and outdoor hot tubs exempt from this section are as follows:
(1)
Above ground swimming or wading pools are exempt from this section;
(2)
Portable outdoor hot tubs are exempt from this section, providing they are installed for no more than 30 consecutive days.
(c)
Permit required. Before work is commenced on the construction or erection of private or residential swimming pools, outdoor hot tubs or on any alterations, additions, remodeling or other improvements, an application for a swimming pool or outdoor hot tub building permit to construct, erect, alter, remodel, or add must be submitted in writing to the building inspector. Plans and specifications and pertinent explanatory data should be submitted to the building inspector at the time of application. No such work is obtained by the applicant. The minimum building permit fee established pursuant to the village building code shall accompany such application.
(d)
Construction requirements. In addition to such other requirements as may be reasonably imposed by the building inspector, the building inspector shall not issue a permit for construction as provided for in subsection (c) of this section, unless the following construction requirements are observed:
(1)
All materials and methods of construction in the construction, alteration, addition, remodeling, or other improvements and pool installation shall be in accord with all state regulations and codes and with any and all sections of this Code;
(2)
All plumbing work shall be in accordance with all applicable sections of this Code and all state codes. Every private or residential swimming pool or outdoor hot tub shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located, or in the general vicinity;
(3)
All electrical installations, including lighting and heating, but not limited thereto, that are provided for, installed, and used in conjunction with a private swimming pool or outdoor hot tub shall be in conformance with the state laws and sections of this Code regulating electrical installations.
(e)
Setbacks and other requirements.
(1)
A private swimming pool or outdoor hot tub shall be erected or constructed on a rear or side lot, only, and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and such lot is occupied by a principal building;
(2)
No swimming pool or outdoor hot tub shall be located, constructed, or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool be less than five feet from any lot line.
(f)
Fence. A fence for a swimming pool or outdoor hot tub shall be erected as follows:
(1)
Pools or outdoor hot tubs within the scope of this section that are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool or shall have a cover or other protective device over such swimming pool of such a design and material that the cover can be securely fastened in place and when in place shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool or outdoor hot tub is not in actual use for swimming or bathing purposes. Such fence or wall shall not be less than four feet in height and so constructed as not to have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use;
(2)
The pool or outdoor hot tub enclosure may be omitted where a portable pool is installed aboveground and it has a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top.
(g)
Compliance. All swimming pools and outdoor hot tubs existing at the time of passage of this Code not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool.
(h)
Filter system required. All private swimming pools and outdoor hot tubs within the meaning of this section must have, in connection therewith, some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
(i)
Dirt bottoms prohibited. All swimming pools or outdoor hot tubs of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
(Code 1998, § 106-1075; Ord. No. 97-11, § 13-1-144, 11-3-1997; Ord. No. 03-12, § 1, 8-18-2003; Ord. of 1-2-2024(1), § 2)
The storage or use of flammable liquids or gases shall be permitted in conjunction with any non-residential use that does not share a building or site with a non-farm residential use. Above-ground storage tanks shall be limited to 25,000 gallons. When flammable gases are stored or used, the quantity in cubic feet at standard temperature and pressure shall not exceed 30 times the limits of the associated storage tank. Storage tanks for flammable liquids or gases shall further:
(a)
Be in conformance with all applicable building and fire codes.
(b)
Be screened from view.
(c)
Be approved by the Zoning Administrator and the Fire Inspector or their designees prior to installation or expansion.
(d)
Not be located between the principal building and any lot line abutting any residential zoning district or use.
(e)
Be set back from any lot line as indicated in the following chart:
(Code 1998, § 106-1076; Ord. No. 97-11, § 13-1-145, 11-3-1997; Ord. No. 07-02, § 21, 4-2-2007; Ord. of 1-2-2024(1), § 2; Ord. No. 25-3, § 1, 8-18-2025)
The keeping of chickens as an accessory use may be allowed on lots within the R-1, R-2, R-3, and R-3D zoning districts, and within a Planned Unit Development District that is designated for single-family homes, unless expressly prohibited by an approved general development plan. Keeping of chickens is also allowed on lands zoned G-1 Institutional for public and private educational institutions.
(1)
It shall be unlawful for any person to own, harbor, or keep any chickens within or upon any premises within the corporate limits of the village, unless the chickens are kept in accordance with the following:
a.
The owner, operator, or tenant must obtain a license under section 14-50.
b.
A livestock premises registration from the Wisconsin Department of Agriculture, Trade and Consumer Protection is required prior to the issuance of a license.
c.
Chickens shall be provided a covered coop/fenced enclosure that meets the size and location criteria enumerated herein. Chickens may be allowed outside of the coop/enclosure provided the rear yard is completely enclosed by a six foot tall fence and the chickens are returned to the coop/enclosure nightly.
d.
No coop/enclosure shall exceed 12 feet in height from grade and must be either placed on a paved surface or raised off the ground at least 24 inches.
e.
Coops/enclosures must be kept clean, dry and free of offensive odors. Animal waste must be bagged and disposed of in refuse collection carts.
f.
Coops/enclosures shall be designed and maintained to be well-drained so they will not have standing water.
g.
Feed shall not be stored within the coop or enclosure and shall be kept in such a manner as to discourage the attraction of rodents and pests.
h.
No person who keeps chickens pursuant to this section shall slaughter chickens on-site.
i.
No more than four chickens are allowed on residential lots. The keeping or possession of roosters (male chickens) is prohibited.
j.
The combined area of the coop and enclosure shall provide a minimum of 16 square feet per chicken but shall not exceed 120 square feet in area. No coop structure shall exceed 50 square feet in area.
k.
Coops/enclosures shall be located only in rear yards and shall be setback a minimum of 15 feet from all property lines and a minimum of 20 feet from a dwelling on an adjacent lot.
(2)
It shall be unlawful for any person to own, harbor, or keep any chickens within or upon any premises as an accessory use at public or private educational facilities, unless the chickens are kept in accordance with the following:
a.
The provisions of subsection (1) a—h of this section are applicable.
b.
No more than 15 hens may be kept at any school. Roosters are not permitted.
c.
The combined area of the coop and enclosure shall provide a minimum of 16 square feet per chicken but shall not exceed 500 square feet in area.
d.
Coops shall be located to minimize visibility and impact on adjacent residential properties and any public street and shall be set back a minimum of 30 feet from all property lines.
(Ord. of 1-2-2024(1), § 2)
(a)
Accessory dwelling units are a permitted use on any legal, conforming single-family lot within a zoning district that permits single-family dwellings. Any single-family dwelling that includes an accessory dwelling unit is still considered a single-family dwelling.
(b)
A maximum of one accessory dwelling unit is permitted per single-family residential lot.
(c)
An accessory dwelling unit may be incorporated within an existing dwelling, an existing legally conforming accessory building, or a new accessory building.
(d)
An accessory dwelling unit shall have a separate address from the primary dwelling unit.
(e)
When proposed as a new structure separate from the primary structure, an accessory dwelling unit must comply with the following standards:
(1)
An accessory building shall be located a minimum of ten feet from the primary building unless it is constructed with a one hour fire rating, in which case the minimum separation from the primary building shall be five feet.
(2)
If located within the required rear yard, the accessory building must be located a minimum of five feet from side and rear property lines.
(3)
If located partially or wholly in the buildable area of the lot the accessory building must maintain the required side yard setback for the full length of the property and be a minimum of five feet from the rear property line.
(4)
Section 133-1139(f) subsections 1 through 3 shall not apply to preexisting, legally conforming accessory buildings converted to accessory dwelling units.
(5)
An existing garage may be converted into an accessory dwelling unit only if the number of remaining parking stalls meets the minimum number of off-street parking stalls required for the primary structure defined by section 133-995.
(f)
When proposed as an addition or modification to the principal structure, an accessory dwelling unit must comply with the following standards:
(1)
Only one entrance shall be located on the front facade of the primary structure. Entrances to accessory dwelling units must be located on the side or rear of the structure.
(2)
The accessory dwelling unit must meet all required setbacks of the primary structure for that zoning district.
(g)
Accessory dwelling units may not exceed 900 square feet or 50 percent of the area of the primary dwelling, whichever is smaller, in accordance with section 133-11(2).
(h)
Both the primary structure and the accessory dwelling unit shall be served by one common driveway connecting the accessory dwelling unit to a public or private road.
(i)
Accessory dwelling units are exempt from the parking requirements of section 133-995(8).
(j)
Accessory dwelling units must be built on a permanent foundation.
(k)
The ADU shall not be sold separately or otherwise conveyed or titled separately from the principal dwelling.
(Ord. No. 24-4, § 2, 5-6-2024)
ACCESSORY USES AND STRUCTURES
(a)
Building permit required. No owner shall, within the village, build, construct, use, or place any type of an accessory building, including prefabricated accessory buildings, until a building permit shall have first been obtained from the building inspector. Application for an accessory building permit shall be made in writing to the building inspector. With such application, there shall be submitted a fee and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory building with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
(b)
Principal use required. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located except as specially otherwise provided.
(c)
Placement restrictions in residential district. An accessory use or structure in a residential district may be established subject to the following:
(1)
Number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building and one children's play structure may be placed on a lot, except as provided in subsection (c)(2) of this section;
(2)
Limitation on number of attached garages and accessory buildings.
a.
A residentially zoned parcel with a single garage attached to the dwelling and with alley access is permitted to have an additional one-car or two-car detached garage on the parcel. If a detached garage is erected, no other detached accessory buildings may be constructed or maintained on the parcel;
b.
A residentially zoned parcel with more than a one-stall garage attached to the dwelling and with alley access is permitted to have an additional one-stall garage on the parcel. If a detached garage is erected, no other detached accessory buildings may be constructed or maintained on the parcel;
c.
A garage attached to a dwelling shall be three stalls or less. Dwellings with an attached three stall garage are not permitted to have an additional detached garage on the parcel;
d.
A lot zoned for single-family residential use and equal to or greater than two acres may have an attached two-stall garage and a detached two-stall garage;
e.
One chicken coop with enclosure may be added to a parcel pursuant to section 14-50 and section 133-1138.
f.
One accessory dwelling unit may be added to a parcel pursuant to Section 133-1139.
(3)
Attached accessory buildings. All accessory buildings that are attached to the principal building shall comply with the yard requirements of the principal building;
(4)
Lot area coverage for detached accessory buildings. No detached accessory building shall occupy any portion of the required front yard. Garages and other detached accessory buildings shall be less than 15 feet in height. No detached accessory building shall occupy more than 30 percent of the required rear yard or be located within three feet of any other accessory building or lot line or be located within five feet of an alley line. The dimensions of any swimming pool, children's play structure, detached garage, tennis court and other detached accessory buildings/structures shall be included in the determination of available lot area coverage for accessory structures;
(5)
Detached accessory buildings prohibited in front yards. An accessory structure shall not be located forward of the front line of the principal structure, except for one detached one-stall or two-stall garage on a lot zoned for single-family residential use and equal to or greater than two acres so long as the detached garage is not placed in any part of the required front setback area or the portion of the front yard area located between two lines drawn perpendicular to the front line of the lot and extended to two comers of the principal building. Such front yard portion shall be the largest of any area formed by two comers of the principal building.
(d)
Use restrictions in residential districts. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade, or industry except for home occupations, as defined in this chapter;
(e)
Placement restrictions in nonresidential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall not be nearer than three feet to any side or rear lot line;
(f)
Reversed corner lots. When an accessory structure is located on the rear of a reversed comer lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, or nearer than three feet to the side line of the adjacent structure;
(g)
Landscaping uses. Accessory vegetation used for landscaping and decoration may be placed in any required yard area. Permitted vegetation includes trees, shrubs, and flowers and gardens. Under no circumstances may a tent be used as a dwelling or an accessory structure;
(h)
Temporary uses. Temporary accessory uses such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure may be permitted by the zoning administrator;
(i)
Reserved.
(j)
Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, sundials, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line, other than a street line;
(k)
Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls;
(1)
Children's play structures. For purposes of this section, children's play structures, including playhouses, tree houses or elevated play structures, and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section, whether such play structures are placed on a foundation or not. Swing sets, slides, and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for the construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance.
(m)
Terrace area restrictions. In addition to the definitions and restrictions contained in section 58-3 and the definition of the term "major alteration" in section 72-21, no person shall place any accessory structure or use, including landscaping ornaments, stones, and basketball backboards/hoops, in the terrace area.
(Code 1998, § 106-1071; Ord. No. 97-11, § 13-1-140, 11-3-1997; Ord. of 4-17-2023, § 4; Ord. of 1-2-2024(1), § 2; Ord. No. 24-4, § 1, 5-6-2024)
(a)
No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.
(b)
Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences, as used in this subsection, shall not include hedges and other vegetation.
(c)
All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.
(d)
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or that are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to this Code.
(e)
Not more than 20 percent of the side and rear yard may be used for storage of firewood at any one time.
(Code 1998, § 106-1072; Ord. No. 97-11, § 13-1-141, 11-3-1997; Ord. of 1-2-2024(1), § 2)
No manure, rubbish, inoperable vehicles, salvage material, or miscellaneous refuse may be stored within any residential district when such may be construed as a menace to the public health or safety or when such may be held to have a depressing influence upon property values in the area. Junk shall be placed in properly zoned junkyards only.
(Code 1998, § 106-1073; Ord. No. 97-11, § 13-1-142, 11-3-1997; Ord. of 1-2-2024(1), § 2)
(a)
Definitions. For the purpose of this section, the term "fence" is defined as an enclosed barrier consisting of vegetation, wood, stone, or metal intended to prevent ingress or egress. For the purpose of this section, the term "fence" shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials that would constitute a nuisance.
(b)
Classification. Fences shall be categorized into five classifications as follows:
(1)
Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.
(2)
Protective fence. A fence constructed to enclose a hazard to the public health, safety, and welfare.
(3)
Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.
(4)
Hedge. A row of bushes of small trees planted close together that may form a barrier, enclosure, or boundary.
(5)
Picket fence. A fence having a pointed post, stake, pale, or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.
(c)
Height restrictions. Height of fences shall be subject to the following:
(1)
Residential fences less than six feet in height are permitted on rear and side lot lines. Residential fences less than or equal to four feet in height are permitted in the street yard but shall not be closer than two feet to any public right-of-way and shall be subject to the requirements of section 133-993 related to traffic visibility. Residential fences equal to or greater than six feet shall require a conditional use permit. All fences must be constructed and maintained in a good state of repair and appearance;
(2)
No fence, wall, hedge, or shrubbery shall be erected, placed, maintained, or grown along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
(d)
Setback for residential fences. Fences in or adjacent to a residential property may be constructed along lot lines. Fences may be constructed alongside lot lines but shall not extend into the street yard as extended to the side lot lines.
(e)
Fences in vision triangle. Fences within a required vision triangle at a street, alley, or driveway intersection must conform to section 133-993.
(f)
Security fences. Security fences are permitted on the property lines in all districts, except residential districts, but shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing. Security fences with an additional barbed wire barrier are permitted in industrially zoned areas. Such fences may be as much as 11 feet in total height, including support devices for securing barbed wire. The barbed wire portion of the fence may not be more than three feet in height, and the barbed wire shall not be less than eight feet from finished grade.
(g)
Prohibited fences. No fence shall be constructed that is in a dangerous condition or that conducts electricity or that is designed to shock with electricity. Barbed wire may be used at the top of fences in industrial and commercial zones, provided that the barbed wire and its supports are six feet four inches above the ground. Barbed wire supports may not extend beyond the lot line of the fenced property.
(h)
Maintenance. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.
(i)
Temporary fences. Fences erected for the protection of planting or to warn of construction hazard or for similar purposes shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described in this subsection, but such fences shall not be erected for more than 45 days.
(j)
Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Code of Ordinances and not in conformance with this section may be maintained, but any alteration, modification, or improvement of such fence shall comply with this section.
(Code 1998, § 106-1074; Ord. No. 97-11, § 13-1-143, 11-3-1997; Ord. No. 07-02, § 20, 4-2-2007; Ord. of 1-2-2024(1), § 2)
(a)
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Private or residential swimming pool or outdoor hot tub means an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1½ feet located above or below the surface of ground elevation that is used or intended to be used solely by the owner, operator, or lessee thereof and such owner's, operator's or lessee's family and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.
(b)
Exemptions. Pools and outdoor hot tubs exempt from this section are as follows:
(1)
Above ground swimming or wading pools are exempt from this section;
(2)
Portable outdoor hot tubs are exempt from this section, providing they are installed for no more than 30 consecutive days.
(c)
Permit required. Before work is commenced on the construction or erection of private or residential swimming pools, outdoor hot tubs or on any alterations, additions, remodeling or other improvements, an application for a swimming pool or outdoor hot tub building permit to construct, erect, alter, remodel, or add must be submitted in writing to the building inspector. Plans and specifications and pertinent explanatory data should be submitted to the building inspector at the time of application. No such work is obtained by the applicant. The minimum building permit fee established pursuant to the village building code shall accompany such application.
(d)
Construction requirements. In addition to such other requirements as may be reasonably imposed by the building inspector, the building inspector shall not issue a permit for construction as provided for in subsection (c) of this section, unless the following construction requirements are observed:
(1)
All materials and methods of construction in the construction, alteration, addition, remodeling, or other improvements and pool installation shall be in accord with all state regulations and codes and with any and all sections of this Code;
(2)
All plumbing work shall be in accordance with all applicable sections of this Code and all state codes. Every private or residential swimming pool or outdoor hot tub shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located, or in the general vicinity;
(3)
All electrical installations, including lighting and heating, but not limited thereto, that are provided for, installed, and used in conjunction with a private swimming pool or outdoor hot tub shall be in conformance with the state laws and sections of this Code regulating electrical installations.
(e)
Setbacks and other requirements.
(1)
A private swimming pool or outdoor hot tub shall be erected or constructed on a rear or side lot, only, and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and such lot is occupied by a principal building;
(2)
No swimming pool or outdoor hot tub shall be located, constructed, or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool be less than five feet from any lot line.
(f)
Fence. A fence for a swimming pool or outdoor hot tub shall be erected as follows:
(1)
Pools or outdoor hot tubs within the scope of this section that are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool or shall have a cover or other protective device over such swimming pool of such a design and material that the cover can be securely fastened in place and when in place shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool or outdoor hot tub is not in actual use for swimming or bathing purposes. Such fence or wall shall not be less than four feet in height and so constructed as not to have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use;
(2)
The pool or outdoor hot tub enclosure may be omitted where a portable pool is installed aboveground and it has a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top.
(g)
Compliance. All swimming pools and outdoor hot tubs existing at the time of passage of this Code not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool.
(h)
Filter system required. All private swimming pools and outdoor hot tubs within the meaning of this section must have, in connection therewith, some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
(i)
Dirt bottoms prohibited. All swimming pools or outdoor hot tubs of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
(Code 1998, § 106-1075; Ord. No. 97-11, § 13-1-144, 11-3-1997; Ord. No. 03-12, § 1, 8-18-2003; Ord. of 1-2-2024(1), § 2)
The storage or use of flammable liquids or gases shall be permitted in conjunction with any non-residential use that does not share a building or site with a non-farm residential use. Above-ground storage tanks shall be limited to 25,000 gallons. When flammable gases are stored or used, the quantity in cubic feet at standard temperature and pressure shall not exceed 30 times the limits of the associated storage tank. Storage tanks for flammable liquids or gases shall further:
(a)
Be in conformance with all applicable building and fire codes.
(b)
Be screened from view.
(c)
Be approved by the Zoning Administrator and the Fire Inspector or their designees prior to installation or expansion.
(d)
Not be located between the principal building and any lot line abutting any residential zoning district or use.
(e)
Be set back from any lot line as indicated in the following chart:
(Code 1998, § 106-1076; Ord. No. 97-11, § 13-1-145, 11-3-1997; Ord. No. 07-02, § 21, 4-2-2007; Ord. of 1-2-2024(1), § 2; Ord. No. 25-3, § 1, 8-18-2025)
The keeping of chickens as an accessory use may be allowed on lots within the R-1, R-2, R-3, and R-3D zoning districts, and within a Planned Unit Development District that is designated for single-family homes, unless expressly prohibited by an approved general development plan. Keeping of chickens is also allowed on lands zoned G-1 Institutional for public and private educational institutions.
(1)
It shall be unlawful for any person to own, harbor, or keep any chickens within or upon any premises within the corporate limits of the village, unless the chickens are kept in accordance with the following:
a.
The owner, operator, or tenant must obtain a license under section 14-50.
b.
A livestock premises registration from the Wisconsin Department of Agriculture, Trade and Consumer Protection is required prior to the issuance of a license.
c.
Chickens shall be provided a covered coop/fenced enclosure that meets the size and location criteria enumerated herein. Chickens may be allowed outside of the coop/enclosure provided the rear yard is completely enclosed by a six foot tall fence and the chickens are returned to the coop/enclosure nightly.
d.
No coop/enclosure shall exceed 12 feet in height from grade and must be either placed on a paved surface or raised off the ground at least 24 inches.
e.
Coops/enclosures must be kept clean, dry and free of offensive odors. Animal waste must be bagged and disposed of in refuse collection carts.
f.
Coops/enclosures shall be designed and maintained to be well-drained so they will not have standing water.
g.
Feed shall not be stored within the coop or enclosure and shall be kept in such a manner as to discourage the attraction of rodents and pests.
h.
No person who keeps chickens pursuant to this section shall slaughter chickens on-site.
i.
No more than four chickens are allowed on residential lots. The keeping or possession of roosters (male chickens) is prohibited.
j.
The combined area of the coop and enclosure shall provide a minimum of 16 square feet per chicken but shall not exceed 120 square feet in area. No coop structure shall exceed 50 square feet in area.
k.
Coops/enclosures shall be located only in rear yards and shall be setback a minimum of 15 feet from all property lines and a minimum of 20 feet from a dwelling on an adjacent lot.
(2)
It shall be unlawful for any person to own, harbor, or keep any chickens within or upon any premises as an accessory use at public or private educational facilities, unless the chickens are kept in accordance with the following:
a.
The provisions of subsection (1) a—h of this section are applicable.
b.
No more than 15 hens may be kept at any school. Roosters are not permitted.
c.
The combined area of the coop and enclosure shall provide a minimum of 16 square feet per chicken but shall not exceed 500 square feet in area.
d.
Coops shall be located to minimize visibility and impact on adjacent residential properties and any public street and shall be set back a minimum of 30 feet from all property lines.
(Ord. of 1-2-2024(1), § 2)
(a)
Accessory dwelling units are a permitted use on any legal, conforming single-family lot within a zoning district that permits single-family dwellings. Any single-family dwelling that includes an accessory dwelling unit is still considered a single-family dwelling.
(b)
A maximum of one accessory dwelling unit is permitted per single-family residential lot.
(c)
An accessory dwelling unit may be incorporated within an existing dwelling, an existing legally conforming accessory building, or a new accessory building.
(d)
An accessory dwelling unit shall have a separate address from the primary dwelling unit.
(e)
When proposed as a new structure separate from the primary structure, an accessory dwelling unit must comply with the following standards:
(1)
An accessory building shall be located a minimum of ten feet from the primary building unless it is constructed with a one hour fire rating, in which case the minimum separation from the primary building shall be five feet.
(2)
If located within the required rear yard, the accessory building must be located a minimum of five feet from side and rear property lines.
(3)
If located partially or wholly in the buildable area of the lot the accessory building must maintain the required side yard setback for the full length of the property and be a minimum of five feet from the rear property line.
(4)
Section 133-1139(f) subsections 1 through 3 shall not apply to preexisting, legally conforming accessory buildings converted to accessory dwelling units.
(5)
An existing garage may be converted into an accessory dwelling unit only if the number of remaining parking stalls meets the minimum number of off-street parking stalls required for the primary structure defined by section 133-995.
(f)
When proposed as an addition or modification to the principal structure, an accessory dwelling unit must comply with the following standards:
(1)
Only one entrance shall be located on the front facade of the primary structure. Entrances to accessory dwelling units must be located on the side or rear of the structure.
(2)
The accessory dwelling unit must meet all required setbacks of the primary structure for that zoning district.
(g)
Accessory dwelling units may not exceed 900 square feet or 50 percent of the area of the primary dwelling, whichever is smaller, in accordance with section 133-11(2).
(h)
Both the primary structure and the accessory dwelling unit shall be served by one common driveway connecting the accessory dwelling unit to a public or private road.
(i)
Accessory dwelling units are exempt from the parking requirements of section 133-995(8).
(j)
Accessory dwelling units must be built on a permanent foundation.
(k)
The ADU shall not be sold separately or otherwise conveyed or titled separately from the principal dwelling.
(Ord. No. 24-4, § 2, 5-6-2024)