An accessory building or structure shall not be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(Ord. 106. Passed 12-9-81; Ord. 106A-21. Passed 12-13-89).

   Detached accessory buildings and structures shall be limited to the following general types, and limited to the following size and quantity when located on a single zoning lot zoned and/or used for residential purposes:

      (2)    Up to one swimming pool and one spa, hot tub, or similar facility. Spas/hot tubs physically integrated into the side walls of an in-ground swimming pool are considered one facility.

(Ord. 106. Passed 12-9-81; Ord. 106A-21. Passed 12-13-89; Ord. 106- A41. Passed 10-13-04; Ord. 106-A90. Passed 5-14-14; Ord. 106-A97. Passed 12-10-14; Ord. 106A-109. Passed 7-11-18; Ord. 106A-122. Passed 3-13-24.)

   The following general regulations shall apply to all detached accessory buildings and structures:

   (a)   Detached accessory buildings and structures in Single-Family Detached Residential Districts shall be subject to the review and approval of the Building Official. The Building Official, with notice to the petitioner, shall seek the review and recommendation of the Planning Commission on this subject if the proposed accessory building is not in harmony with the principal building on the lot, as determined in paragraph (c)(1) below.

   (b)   Detached accessory buildings and structures in districts other than Single-Family Detached Residential Districts, shall be subject to the review and approval of the Planning Commission.

   (c)   The erection of an accessory building or structure shall be subject to the following conditions:

      (1)   The appearance of the building shall be in harmony with the principal use of the property. The following standards shall be used in this evaluation:

         A.   The architectural style, type of construction and building materials of the accessory building shall be similar to and harmonious with the principal building on the lot as determined by the Village.

         B.   For residential districts, the exterior materials used in the accessory building are typically used for the same purposes in residential construction, or have a similar appearance as materials typically used in residential construction. For non-residential districts, the exterior materials used in the accessory building are typically used for the same purpose in non-residential construction or have a similar appearance as materials typically used in non-residential construction.

      (2)   The building and/or structure shall be kept in good repair, it shall not become a physical hazard, health or safety problem, and it shall not become a visual nuisance to adjacent property owners or to the general public.

      (3)   The placement of the building or structure shall not unreasonably impair the view of the Lake for surrounding property owners.

(Ord. 106. Passed 12-9-81; Ord. 106A-21. Passed 12-13-89; Ord. 106-A90. Passed 5-14-14.)

   Accessory buildings and structures are subject to the placement and setback requirements outlined in each zoning district, and residential detached accessory buildings and structures are also subject to the following placement regulations:

   (a)   Accessory buildings shall not be located in any required or non-required front yard (i.e., not permitted between the house and the street).

   (b)   Accessory buildings and structures in lakefront yards not exceeding eighteen inches in height above the surrounding grade shall be setback from the water's edge by a minimum of five feet. Accessory buildings and structures in lakefront yards exceeding eighteen inches in height above the surrounding grade shall be setback from the water's edge by a minimum of twenty feet. Notwithstanding the previous setback requirements, the following accessory structures may be located anywhere in a required or non-required lakefront yard: a ground-level deck, a play structure, a pump house, a temporary boat lift and a temporary dock. Accessory buildings and structures in rear (non-lakefront) yards shall be set back from the side or rear property line by a minimum of five feet, unless greater setbacks are required by this code.

   (c)   Accessory buildings shall be permitted in any required and non-required side and rear yards subject to:

      (1)   The general regulations of this section and other requirements of this Zoning Code.

      (2)   The setback regulations of Sections 1250.06 for the Single-Family Detached Residential Districts and the requirement of site plan approval for all other districts.

       (3)   The total area of all accessory buildings or structures shall not occupy more than twenty-five percent of the area of the required yard in which they are located.

   (d)   When an accessory building is closer than ten feet to a principal building, additional fire separation construction requirements will be necessary as set forth in the Building and Housing Code.

   (e)   When the rear lot line of a corner lot is the same as the side lot line of an adjoining lot in a Residential District, no accessory building shall be closer to the rear lot line than the required side yard setback of such adjoining lot nor closer to the side street lot line than the front yard setback of the principal building on the adjoining lot.

   (f)   When the rear lot line of a corner lot is the same as the rear lot line of any other lot, no accessory building shall be closer to the side street lot line than the setback of the principal building on either of the lots.

   (g)   When an accessory building is attached to the principal building, the accessory buildings must meet all of the setback requirements of the principal building.

(Ord. 106. Passed 12-9-81; Ord. 106A-21. Passed 12-13-89; Ord. 160A-109. Passed 7-11-18; Ord. 106A-117. Passed 10-13-21.)

   The following temporary accessory uses may be permitted on single-family detached residential parcels subject to the following:

   (a)   The temporary storage of all vessels (as defined in Section 1240.08), trailers, docks and materials customarily incidental to the usage of the lake, is permitted in a required rear yard, required or unrequired lakefront yard, and required or unrequired side yard provided the property is maintained in a manner to enhance the area. Temporary storage of one boat and one trailer on the street-side front yard is also permitted. Temporary storage of the materials listed above in any yard must be setback a minimum of five feet from any dwelling and located on the property.

(Ord. 106. Passed 12-9-81; Ord. 106A-21. Passed 12-13-89; Ord. 106A-26. Passed 10-12-94; Ord. 106A-28. Passed 12-13-95; Ord. 106A-109. Passed 7-11-18; Ord. 106A-112. Passed 3-11-20.)

   It is hereby determined that outdoor swimming pools, spas, hot tubs, and similar facilities may endanger the public safety unless carefully regulated and supervised.

      (1)   “Barrier” means a fence or a wall surrounding the swimming pool, spa, hot tub or similar facility or a motorized swimming pool cover requiring a key switch to operate, or a locked cover for a spa, hot tub, or similar facility.

      (2)   “In-ground swimming pool” means a swimming pool permanently built into the ground including its decks, walks and side walls, which project less than two feet above the average finished grade of the swimming pool site or portion of the lot immediately surrounding the swimming pool to a distance of 20 feet beyond the swimming pool.

      (3)   “Temporary-swimming pool” means a swimming pool above ground made of plastic, light metal, or other light duty materials that are more than three feet in height and are completely emptied when not in use.

      (4)   “Spa or hot tub” means a hydromassage pool, or tub for recreational or therapeutic use, not located in health care facilities, designed for immersion of users, and can include pumps, air blowers, heaters, luminaires, controls and sanitizer generators. They are installed on the ground or supporting structure, or in the ground or supporting structure. Generally, a spa or hot tub is not designed or intended to have its contents drained or discharged after each use.

         A.   In non-lakefront yards, no swimming pool, spa, hot tub, or similar facility, and the decks, walks and the appurtenances thereto, shall be located nearer than ten feet from the side or rear property line of the lot or parcel upon which it is situated or nearer to any street on which the lot or parcel abuts than a distance of ten feet greater than the building setback.

         B.   In lakefront yards, placement of swimming pools shall follow the requirements in Section 1280.04. Spas, hot tubs, and similar facilities shall locate the closest wall of the hot tub a maximum of 15 feet from the house, but in no instance shall the facility be located closer to the water’s edge than 20 feet. Spas, hot tubs, and similar facilities shall not be located nearer than ten feet from the side property line.

         C.   Pumps, filtering systems, and equipment storage shall be located not less than 20 feet from any property line and less than five feet from the building setback line. Location must be in lakefront yard for lake front homes.

         A.   The area of a swimming pool, related decks, walks and other appurtenances, shall not exceed 10% of the area of the lot or parcel on which the swimming pool is located. The area of decks, walks and appurtenances is included in lot coverage calculations.

         B.   The maximum dimensions for a spa, hot tub, or similar facility shall not exceed eight-feet wide by eight-feet long by 39-inches in height.

      (4)   Only in-ground (vs. above ground) swimming pools are permitted in lakefront yards. Both in-ground and above-ground spas, hot tubs, or similar facilities are permitted in lakefront yards.

(Ord. 106A-122. Passed 3-13-24.)