Weyauwega City City Zoning Code
ARTICLE XI
Accessory Uses and Structures
§ 530-87 General requirements.
Principal use to be present. 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 specifically otherwise provided.
Placement restrictions in residential districts. An accessory use or structure in a residential district may be established subject to the following regulations:
Accessory building number limits. In any residential district, in addition to the principal building, a detached garage or attached garage and one additional accessory building may be placed on a lot.
Attached accessory building limits. No attached accessory building or structure shall exceed the height of the principal building or structure. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.
Detached accessory buildings. No detached accessory building (nongarages) shall occupy any portion of the required front yard. On residential corner lots, detached accessory buildings can be located into the secondary front yard, but must comply with the appropriate setback for secondary front yards. No detached accessory building shall be larger than 200 square feet on a sixty-foot road frontage or 3% of lot, 400 square feet on a ninety-foot road frontage or 4% of lot, or 800 square feet on a one-hundred-twenty-foot road frontage or 6% of lot with eight-foot side walls (whichever is more restrictive) and be located no closer than three feet of any other accessory building or rear or side lot line or within 10 feet of an alley. An accessory building shall not be nearer than 10 feet to the principal structure unless the applicable building code regulations in regard to one-hour fire resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure. Detached garages and accessory structures must comply with district side yard requirements when located in the side yard area of the principal structure.
[Amended 3-15-2004 by Ord. No. 2004-01; 5-19-2008 by Ord. No. 2008-02; 8-22-2011 by Ord. No. 2011-6; 9-28-2015 by Ord. No. 2015-3]
Attached garages. Attached garages shall comply with the dimensional requirements of the zoning district in which located. Attached garages shall comply with the setback requirements applicable for principal structures on the lot.
Detached garages. Detached garages are permitted in the rear yard and side yards only. On residential corner lots, detached garages can be located into the secondary front yard, but must comply with the appropriate setback for secondary front yards They shall not exceed the area requirements found in the standards for each zoning district, and the roof pitch shall not exceed the steepest pitch of the principal structure. Height shall not exceed the height of the primary residence. The total lot coverage shall not exceed the total allowed as set forth in the zoning district where the garage will be located. Total lot coverage shall include all buildings located on the lot. Detached garages shall not be located nearer than three feet to a rear or side lot line or within 10 feet of an alley.
[Amended 3-15-2004 by Ord. No. 2004-01; 5-19-2008 by Ord. No. 2008-02; 9-28-2015 by Ord. No. 2015-3]
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 herein and shall not be occupied as a dwelling unit.
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 or within five feet of an alley.
Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear nor nearer than three feet to the side line of the adjacent structure.
Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs and flowers and gardens.
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.
Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided that:
Outdoor lighting. Outdoor residential lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.
Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.
Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed three feet in height and a terrace of at least three feet in width shall be provided between any series of such walls, and provided further that along a street frontage no such wall shall be closer than three feet to the property line.
Agricultural structures. Agricultural structures such as barns, silos and windmills shall not exceed in height twice their distance from the nearest lot line.
§ 530-88 Outside storage of firewood.
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.
Firewood should be neatly stacked and may be stacked not 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. "Fence" as used in this subsection shall not include hedges and other vegetation.
All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of within 15 days and shall not be allowed to remain on the premises.
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code of Ordinances.[1]
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 530-89 Fences.
Fence defined. For the purpose of this section, "fence" is herein defined as an enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.
Fences categorized. Fences shall be categorized into five classifications:
Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.
Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.
Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.
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.
Height and placement of fences regulated.
A fence or wall may be erected, placed or maintained along a lot line on residentially zoned property (or property primarily residential in use) or adjacent thereto to a height not exceeding six feet above the ground level and be no closer than three feet to a public right-of-way, except that no such fence or wall which is located in a required front yard shall exceed a height of three feet. Where such lot line is adjacent to a nonresidentially zoned property, there shall be an eight-foot limit on the height of a fence or wall along such lot line.
Vision clearance.
In order to provide adequate vision clearance on corner lots, no fence shall be erected or maintained within the triangular space formed by two intersecting street, alley, or driveway (public or private) property lines and a line joining points on such property lines (or projections thereof) located less than:
Street or alley property lines are measured from the right-of-way or easement lines establishing such street or alley. Driveway lines are measured from the easement establishing such driveway or, in the case of no easement, from the edge of the driveway surface.
No fence or wall shall be erected, placed or maintained along a lot line on any nonresidentially zoned property adjacent to a residentially zoned property to a height exceeding eight feet.
Setback for residential fences. Fences in or adjacent to a residential property (or property primarily residential in use) are permitted on lot lines. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.
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.
Prohibited fences.
No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or height and project toward the fenced property and away from any public area.
Although fences which conduct electricity or are designed to electrically shock are generally prohibited, such fences using smooth wire are allowed for the limited purpose of deer control with a conditional use permit.
No woven, twisted, welded or interlaced wire fence shall be located in a residential district, unless such fencing is ornamental in character.
Fences to be repaired. 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.
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 herein, but said fences shall not be erected for more than 45 days.
Nonconforming fences. Any fence existing on the effective date of this chapter and not in conformance with this section may be maintained, but alterations, modifications or improvements of more than 50% of said fence shall require the owner to bring the fence into compliance with this section.
Fence permit required. No person shall erect a fence in the City without first obtaining a fence permit from the City and paying a fee as set by the City Council.[1] The applicant shall provide the Zoning Administrator with accurate design information for the proposed fence. Permits may only be issued for proposed fences complying with this section.
Location determination. The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his/her property.
§ 530-90 Swimming pools.
Definition. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet located above or below the surface or ground elevation, having an area greater than 150 square feet, used or intended to be used solely by the owner, operator or lessee thereof and his/her 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.
Exempt pools. Storable children's swimming or wading pools which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity are exempt from the provisions of this section.
[Amended 5-21-2007 by Ord. No. 2007-04]
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, the Zoning Administrator shall not issue a permit for construction as provided for in Subsection A unless the following construction requirements are observed:
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 code and with any and all ordinances of the City now in effect or hereafter enacted.
All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system or onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.
All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and City ordinances regulating electrical installations.
Setbacks and other requirements.
Private swimming pools shall be erected or constructed on rear or side lots 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 said lot is occupied by a principal building.
No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the Zoning Code for an accessory building, and in no case shall the waterline of any pool be less than six feet from any lot line.
Location. Swimming pools constructed in residential districts shall be located on the same lot as, and in either the rear or the side yard of, a principal building; however, they shall not be constructed in the front yard or in a required corner side yard in such districts. Swimming pools, either open or enclosed, shall be considered the same as accessory buildings for purposes of calculating the maximum area they may occupy in a required rear yard.
Fences around swimming pools.
[Amended 4-20-2004 by Ord. No. 2004-03]
In-ground swimming pools and swimming pools having an above-grade side wall height of 18 inches or more either permanently installed or kept filled for periods of one week or more shall be fenced as follows:
The fence shall have a minimum height of four feet above the top of the pool wall. Fences shall be in contact with the pool or the ground to ensure no available access for children to crawl under.
Fence gates shall be locked or secured to prevent entry when the pool is not in use so as to prevent uncontrolled access by children to the pool water.
The fence and/or surrounding structures shall enclose the entire pool area.
Exception. Above-grade pools with walls that are at least 48 inches high at all points around the pool or have platforms and railings that are 48 inches or more in height above grade are not required to be enclosed as provided in Subsection F(1)(a) of this section, but the ladders and stairways providing access to the pool shall be adequately secured to prevent entry whenever the pool is not in use.
§ 530-91 Storage of recreational vehicles.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A vehicle on which a boat or snowmobile may be transported and which is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile is termed an unmounted boat or snowmobile.
A type of trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of either canvas or similar cloth or some form of rigid material such as fiberglass or plastic or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
Recreational structures constructed integrally with a truck or motor-van chassis and incapable of being separated therefrom.
Recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle meeting the requirements of the definition of "recreational vehicle" in this subsection.
Recreational structures designed to be mounted temporarily or permanently in the beds of light trucks. These campers can be readily demounted from the truck beds. When removed from their truck beds, pickup (slide-in) campers and truck caps are called unmounted campers.
A transportation structure, self-propelled or capable of being towed by a motor vehicle and primarily designed or constructed to provide temporary, movable living quarters for recreational, camping or travel use, or to carry such equipment, but not for profit or commercial use. Included as recreational vehicles, but not to the exclusion of any other types not mentioned in this section, are:
Trailers;
Trailer coaches;
Camping trailers;
Motor homes;
Pickup (slide-in) campers;
Chassis mounts;
Converted vans;
Chopped vans;
Mini motor homes;
Fifth-wheel trailers of recreational vehicle construction, design and intent;
Boat trailers, with and without boats mounted thereon;
Snowmobile trailers, with and without snowmobiles mounted thereon; and
Truck caps.
Recreational vehicles constructed with integral wheels to make them mobile and intended to be towed by motor vehicles.
Storage or parking of residential vehicles.
Any recreational vehicle may be stored or parked in residential zones as follows:
A recreational vehicle may be stored or parked on a lot in a residential area without regard to Subsection B(1)(c) above for the sole and express purpose of loading and unloading, but not in excess of any twenty-four-hour day.
An unmounted pickup (slide-in) camper, truck cap, boat or snowmobile may be stored or parked on any lot within a residential area but not closer than five feet to the front lot line.
Prohibited uses of parked or stored recreational vehicles.
No stored or parked recreational vehicle, as defined herein, shall be occupied or used for human habitation, including sleeping and eating, except by the owner or occupant of the house on said property so that toilet facilities are available. Such use for overnight sleeping shall be on a temporary basis only.
No recreational vehicle, as defined herein, or unmounted boat or snowmobile which is in a state of externally visible disrepair or partial construction shall be stored or parked in any side or front driveway in a residential area. It may, however, be stored or parked in the rear of such lot in a residential area for not more than 30 days in accordance with Chapter 378, Article I of this Code.[1]