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No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Chapter NR 154.19, Wis. Adm. Code.
Article J: Signal Receiving Antennas; Wind Energy Systems; Wireless Telecommunications Systems
(a) Purpose. In order to secure uniformity and compliance with Federal Communications Commission rules (FCC 96-328) on over-the-air reception devices implementing Section 207 of the Telecommunications Act of 1996, this Section regulating the placement of signal receiving antennas and over-the-air reception devices is adopted to:
(1) Provide uniform regulation where necessary of all signal receiving antenna devices;
(2) Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;
(3) Preserve the integrity of historic preservation districts;
(4) Protect the public from injury from roof-mounted antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the roof- mounted antenna; and
(5) Provide for placement of such antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.
(b) Definitions.
(1) For purposes of this Section, a "signal receiving antenna" is defined as any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal receiving antennas, and over-the-air reception devices, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.
(2) "Owner" means the holder of record of an estate in possession in fee simple, or for life, in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life but does not include the vendor under a land contract. A tenant in common or joint tenant shall be considered such owner to the extent of his/her interest. The personal representative of at least one (I) owner shall be considered an owner.
(c) Limited Permit Requirement.
(1) No owner shall, within the Village of Edgar, build, construct, use or place any type of signal receiving antenna or over-the-air reception device that is roof-mounted or proposed to be located in a designated historic preservation district until a permit shall have first been obtained from the Zoning Administrator.
(2) Application for a signal receiving antenna permit when required under Subsection (c)(l) shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a sufficient set of mounting plans and specifications to allow a determination to be made that the device can be safely roof-mounted, or, in the case of a historic preservation district, can be located in such a manner as to not seriously detract from the historic character of the district. There is no fee for such permit. If such application meets the requirements of this Section, the application shall be approved.
(d) Exemption. Signal receiving devices less than twenty-four (24) inches in diameter are exempt from the requirements of this Section, except for the requirements in Subsection (e)(l), (6), (8) and (11).
(e) Installation Standards. Signal receiving antennas installed in any zoning district within the Village of Edgar shall comply with the following provisions:
(1) Setbacks.
a. Any signal receiving antenna and its mounting post shall be located a minimum of ten (10) feet from any property line. The purpose of setback regulations is to protect the aesthetics of the area and to preserve adequate access for emergency equipment and personnel.
b. Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property following compliance with Subsection (c) above. For comer lots, a side yard is only a yard that does not face a street.
c. If side yard, front yard or roof mounting is requested, the Zoning Administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.
(2) Mounting. Signal receiving antennas attached to the roof of any principal or acces- sory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.
(3) Diameter. The diameter of the signal receiving antenna shall not exceed fifteen (15) feet for the ground-mounted antenna and ten (10) feet for the roof-mounted antenna, except for stations used to provide community antenna television services.
(4) Height.
a. A ground-mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed eighteen (18) feet in height, as measured from the ground to the highest point of the dish.
b. A roof-mounted antenna may not exceed fifteen (15) feet in height above the surrounding roof line as measured from the lowest point of the existing roof line.
(5) Wind Pressure. All signal receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of eighty (80) mph.
(6) Electrical lnstallatlons. Electrical installations in connection with signal receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground. If a signal receiving antenna is to be used by two (2) or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal receiving antennas shall be grounded against direct lightning strikes.
(7) Temporary Placement. No portable or trailer-mounted signal receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five (5) days. However, such trial placement shall be in accordance with all provisions of this Section.
(8) Advertising. No form of advertising or identification, sign or mural is allowed on the signal receiving antenna other than the customary manufacturer's identification plates.
(9) Interference with Broadcasting. Signal receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(10) Compliance with Federal Regulations. The installation and use of every signal receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
(11) Aesthetic Considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.
(f) Enforcement.
(1) It shall be unlawful to construct, use, build or locate any signal receiving antenna in violation of any provisions of this Section. In the event of any violation, the Village Board, a Village enforcement official or any property owner who would be specifi- cally damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this Section.
(2) Any person, firm or corporation who fails to comply with the provisions of this Section shall, upon conviction, be subject to the general penalty found in Section 1-1-6.
(a) Title; Purpose; Authority.
(1) Title. This Section is entitled the Village of Edgar Mobile Tower Siting Ordinance.
(2) Purpose. The purpose of this Section is to regulate by zoning permit:
a. The siting and construction of any new mobile service support structure and facilities;
b. With regard to a Class I collocation, the substantial modification of an existing support structure and mobile service facilities; and
c. With regard to a Class II collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
(3) Authority. The Village of Edgar Village Board has the specific authority under Secs. 62.23 and 66.0404, Wis. Stats., to adopt and enforce this Section.
(b) Definitions. The following definitions shall be applicable in this Section:
(1) Antenna. Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
(2) Building Permit. A permit issued by the Village that authorizes an applicant to conduct construction activity that is consistent with the Village's Building Code [Title 15, Chapter I of the Code of Ordinances].
(3) Class 1 Co/location. The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility but does need to engage in substantial modification.
(4) Class 2 Co/location. The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a free standing support structure for the facility or engage in substantial modification.
(5) Co/location. Class I or Class 2 collocation or both.
(6) Distributed Antenna System. A network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
(7) Equipment Compound. An area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.
(8) Existing Structure. A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with the Village.
(9) Fall Zone. The area over which a mobile support structure is designed to collapse.
(10) Mobile Service. Has the meaning given in 47 USC 153(33).
(11) Mobile Service Facility. The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a planned geographic area, but does not include the underlying support structure.
(12) Mobile Service Provider. A person who provides mobile service.
(13) Mobile Service Support Structure (Tower). A freestanding structure that is designed to support a mobile service facility.
(14) Permit. A permit, other than a building permit, or approval issued by the Village which authorizes any of the following activities by an applicant:
a. A Class 1 collocation.
b. A Class 2 collocation.
c. The construction of a mobile service support structure.
(15) Public Utility. Has the meaning given in Sec. 196.01(5), Wis. Stats.
(16) Search Ring. A shape drawn on a map to indicate the general area within which a mobile service support .structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.
(17) Substantial Modification. The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
a. For structures with an overall height of two hundred (200) feet or less, increases the overall height of the structure by more than twenty (20) feet.
b. For structures with an overall height of more than two hundred (200) feet, increases the overall height of the structure by ten percent (10%) or more.
c. Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by twenty (20) feet or more, unless a larger area is necessary for collocation.
d. Increases the square footage of an existing equipment compound to a total area of more than two thousand five hundred (2,500) square feet.
(18) Support Structure. An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
(19) Utility Pole. A structure owned or operated by an alternative telecommunications utility, as defined in Sec. 196.0l(ld), Wis. Stats.; public utility, as defined in Sec. 196.01(5), Wis. Stats.; telecommunications utility, as defined in Sec. 196.01(10), Wis. Stats.; political subdivision; or cooperative association organized under Ch. 185, Wis. Stats.; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Sec. 182.017(1g)(cq), Wis. Stats.; for video service, as defined in Sec. 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light.
(c) Siting and Construction of Any New Mobile Service Support Structure and Facilities; Regulation Limitations.
(1) Application Process.
a. A Village zoning permit is required for the siting and construction of any new mobile service structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the Village obtainable with this permit through the conditional use permit process.
b. A written permit application shall be completed by the applicant and submitted to the Village Administrator. The application shall contain, at a minimum, the following information:
1. The name and business address of, and the contact individual for, the applicant; applicable telephone number(s), fax number, and email address - shall be provided.
2. The location of the proposed or affected support structure.
3. The location of the proposed mobile service facility.
4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
6. If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
c. A permit application will be provided by the Village upon request to any applicant, or, in the alternative, the applicant can provide the required information in the form of correspondence or report with supporting documentation.
d. If an applicant submits to the Village an application for conditional use and zoning permits to engage in an activity described in this Section, which contains all of the information required under this Section, the Village shall consider the application complete. If the Village determines that the application is incomplete, the Village shall notify the applicant in writing, within ten (10) days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is considered complete.
e. Within ninety (90) days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the ninety (90) day period:
1. Review the application to determine whether it complies with all applicable aspects of the Village's Building Code and, subject to the limitations in this Section, provisions of this Zoning Code.
2. Make a final decision whether to approve or disapprove the application.
3. Notify the applicant, in writing, of its final decision.
4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
f. The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement under Subsection (c)(1)b6.
g. If the applicant provides the Village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in the Zoning Code, that Zoning Code provision does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.
h. The fee for the permit shall be as provided in Section 1-3-1 [but may not exceed Three Thousand Dollars ($3,000.00) per Sec. 66.0404(4)(d), Wis. Stats.].
(2) Regulatory and Application Limitations. With regard to the siting and construction of a new mobile service support structure/facilities, the substantial modification of an existing support structure and mobile service facility as part of a Class 1 collocation, or a Class 2 collocation, the Village, pursuant to Sec. 66.0404(4), Wis. Stats., shall not:
a. Impose environmental testing, sampling, or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers.
b. Enact a moratorium ordinance on the permitting, construction, or approval of any such activities.
c. Enact an ordinance regulation prohibiting the placement of a mobile service support structure in particular locations within the Village.
d. Charge a mobile radio service provider a fee in excess on the amounts prescribed in Sec. 66.0404(4)(d), Wis. Stats.
e. Charge a mobile radio service provider any recurring fee for an activity described in Sec. 66.0404(2)(a), Wis. Stats., or a Class 2 collocation.
f. Permit third-party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications.
g. Disapprove of an application to conduct an activity described in Sec. 66.0404(2)(a), Wis. Stats., based solely on aesthetic concerns.
h. Disapprove an application to conduct a Class 2 collocation on aesthetic concerns.
i. Enact or enforce a Village ordinance related to radio frequency signal strength or the adequacy of mobile service quality.
j. Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory, and commensurate with the historical record for surety requirements for other facilities and structures in the Village which fall into disuse. [Note: Per Sec. 66.0404(4)(i), Wis. Stats., there is a rebuttable presumption that a surety requirement of Twenty Thousand Dollars ($20,000.00) or less complies with this Subsection.]
k. Prohibit the placement of emergency power systems.
I. Require that a mobile service support structure be placed on property owned by the political subdivision.
m. Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.
n. Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the Village at less than market rate, or provide the Village other services via the structure or facilities at less than the market rate.
o. Limit the duration of any permit that is granted.
p. Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in collocation.
q. Disapprove an application based on an assessment by the Village of the suitability of other locations for conducting the activity.
r. Require that a mobile service support structure, existing structure, or mobile service facilities have or be connected to backup battery power.
s. Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures.
t. Consider an activity a substantial modification under Subsection (b)(17)a-b above if a greater height is necessary to avoid interference with an existing antenna.
u. Consider an activity a substantial modification under Subsection (b)(17)c above if a greater protrusion is necessary to shelter the antenna from increment weather or to connect the antenna to the existing structure by cable.
v. Limit the height of a mobile support structure to under two hundred (200) feet.
w. Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the Village in connection with the Village's exercise of its authority to approve the application.
x. Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the Village to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the Village or an entity in which the Village or other political subdivision has a governance, competititve, economic, financial or other interest.
(d) Class 1 Collocation.
(1) Application Process.
a. A zoning permit is required for a Class 1 collocation. A Class 1 collocation is a conditional use in the Village obtainable with this permit through the conditional use process of this Chapter.
b. A written permit application shall be completed by the applicant and submitted to the Village. The application must contain, at a minimum, the following information:
1. The name and business address of, and the contact individual for, the applicant; applicable telephone number(s), fax number, and email address shall be provided.
2. The location of the proposed or affected support structure.
3. The location of the proposed mobile service facility.
4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
6. If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
c. A permit application will be provided by the Village upon request to any applicant, or, in the alternative, the applicant can provide the required information in the form of correspondence or report with supporting documentation.
d. If an applicant submits to the Village an application for a permit to engage in an activity described in this Section, which contains all of the information required under this Section, the Village shall consider the application complete. If the Village does not believe that the application is complete, the Village shall notify the applicant in writing, within ten (I 0) days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
e. Within ninety (90) days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the ninety (90) day period:
1. Review the application to determine whether it complies with all applicable aspects of the Village's Building Code and, subject to the limitations of this Section, zoning ordinances.
2. Make a final decision whether to approve or disapprove the application.
3. Notify the applicant, in writing, of its final decision.
4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
f. The Village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under Subsection (d)(l)b6.
g. If an applicant provides the Village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that Zoning Code provision does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.
h. The fee for the permit shall be as provided in Section 1-3-1 [but may not exceed Three Thousand Dollars ($3,000.00) per Sec. 66.0404(4)(d), Wis. Stats.].
(2) Regulatory and Application Limitations. The regulatory and application parameters and limitations prescribed in Subsection (c)(2) above shall be applicable.
(e) Class 2 Collocation.
(1) Application Process.
a. A Village zoning permit is required for a Class 2 collocation. A Class 2 collocation is a permitted use in the Village but still requires the issuance of Village building permits.
b. A written permit application shall be completed by the applicant and submitted to the Village. The application must contain, at a minimum, the following information:
1. The name and business address of, and the contact individual for, the applicant; applicable telephone number(s), fax number, and email address shall be provided.
2. The location of the proposed or affected support structure.
3. The location of the proposed mobile service facility.
c. A permit application will be provided by the Village upon request to any applicant, or, in the alternative, the applicant can provide the required information in the form of correspondence or report with supporting documentation.
d. Per Title 15, Chapter 1 of this Code of Ordinances, a Class 2 collocation is also subject to the same requirements for the issuance of a building permit to which any other type of commercial development/construction or land use development is subject.
e. If an applicant submits to the Village an application for a permit to engage in an activity described in this Section, which contains all of the information required under this Section, the Village shall consider the application complete. If any of the required information is not in the application, the Village shall notify the applicant in writing, within five (5) days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
f. Within forty-five (45) days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the forty-five (45) day period:
1. Make a final decision whether to approve or disapprove the application.
2. Notify the applicant, in writing, of its final decision.
3. If the application is approved, issue the applicant the relevant permit.
4. If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
g. The fee for the permit shall be as provided in Section 1-3-1 [but may not exceed Five Hundred Dollars ($500.00) or the commercial building permit fee equivalent, per Sec. 66.0404(4)(d)].
(2) Regulatory and Application Limitations. The regulatory and application parameters and limitations prescribed in Subsection (c)(2) above shall be applicable.
(f) Penalty Provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this Section shall, upon conviction, be subject to the penalties and/or forfeitures prescribed in Section 13-1-245, plus applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this Section. In addition, the Village of Edgar may seek injunctive relief from a court of record to enjoin further violations.
Article K: Accessory Uses and Structures; Swimming Pools; Portable Storage Units;
Fences and Hedges; Sports Courts; Portable Storage Units
Fences and Hedges; Sports Courts; Portable Storage Units
Sec. 13-1-200 Accessory Uses or Structures.
(a) Building Permit Required for Accessory Buildings.
(1) Permit Required.
a. No owner shall, within the Village of Edgar, build, construct, use or place any type of an accessory structure or building, including prefabricated accessory buildings, until a building permit shall have first been obtained from the Building Inspector. Application for an accessory structure permit shall be made in writing to the Building Inspector, along with the required permit fee.
b. With such accessory building application, there shall be submitted the following information:
1. A complete set of building plans and specifications;
2. Three (3) copies of a site plan or drawing accurately showing the location on the entire lot of the proposed accessory structure with respect to distances to adjoining alleys, streets, property lines, easements, and other structures. The dimensions shall be shown of the lot, proposed accessory structure, principal structure (house), and any other accessory structures on the lot. A public street right-of-way is a property boundary line. The site plan must be drawn to scale, such as a scale of 1 inch = 20 feet; and
3. A plat of survey, as prepared by a Wisconsin Registered Land Surveyor, shall be required if the property is located within or abuts a shoreland, wetland, floodplain, navigable waterway, or verification is difficult. If applicable, the Ordinary High Water Mark [two (2) feet above the 100-year floodplain elevation] and Wetland Delineation shall be shown.
c. The required building plans and specifications shall include the following information:
1. Floor plans, exterior dimensions, and a statement indicating the use of the accessory structure, including any second story area.
2. Height of the accessory structure measured from the site lot grade to the peak of the roof peak and the building's exterior dimensions.
3. Information and renderings illustrating design characteristics for all four sides of the proposed detached accessory structure, along with a current photograph of the principal structure on the parcel.
4. Sufficiently detailed information on the type of contruction and materials to be utilized, including that which is proposed to be used with the outside walls and roofing and the finish and color of such materials.
5. Description of the flooring and foundation to be used.
6. In the case of a premanufactured residential accessory building, a copy of the manufacturer's plans, specifications and instructions.
(2) Applicability to Temporary, Movable and Permanent Buildings. For purposes of this Zoning Code, no regulatory distinction is made between temporary, permanent, prefabricated or movable accessory buildings (such as those mounted on skids); all such accessory structures require an accessory building zoning permit and shall comply with the standards of this Zoning Code. Sheds built off-site and moved onto a lot and prefabricated accessory structures require a permit.
(b) Principal Structure/Use to be Present.
(1) Establishment of Principal Use Requirement. 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, unless a special limited-duration, one-time waiver is granted by the Village Board due to unique circumstances or one of the limited exceptions in Subsection (b)(2) below exists.
(2) Special Circumstances When an Existing Accessory Structure is Present. A detached accessory structure that becomes the only structure on a lot as a result of a land division, a property line adjustment, or a demolition of the primary structure may remain on the lot if the owner has executed a contract with the Village and placed a deed restriction on the parcel with the County Register of Deeds as follows:
a. For a land division, the contract and deed restriction must require the owner to remove the accessory structure if, within two (2) years of final plat or certified survey map approval, a principal structure has not been built and received final inspection. The contract shall be executed with the Village and the deed restriction placed on the parcel with the County Register of Deeds prior to the final land division approval.
b. For a property line adjustment, the contract and deed restriction must require the owner to remove the accessory structure if a principal structure has not been built and received final inspection within two (2) years. The two (2) years period begins on the date the property line adjustment legally occurs, at which time the contract shall be executed with the Village and the deed restriction placed on the parcel with the County Register of Deeds.
c. For a demolition of a primary structure, the contract and deed restriction must require the owner to remove the accessory structure if a principal structure has not been built and received final inspection within two (2) years. The two (2) years period begins on the date of the final Village inspection of the demolition. The contract and restrictive covenant shall be executed with the Village and the deed restriction placed on the parcel with the County Register of Deeds prior to the issuance of the demolition permit by the Village.
(3) Zoning District Requirements To Be Complied With. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
(c) Number of Permitted Garages and Accessory Buildings on Residential Lots. An accessory use or structure in a residential district may be established subject to the following regulations:
(1) Accessory Building Number Limits. In any residential district, in addition to the principal building, one (1) detached or attached garage, one (1) additional accessory building (such as a garden shed) and two (2) children's play structures may be placed on a lot, except as provided in Subsection (c)(2) below.
(2) Limitation on Number of Detached Garages and Accessory Buildings.
a. Residentially zoned parcels with a single garage attached to the dwelling are permitted to have an additional one (1) or two (2) 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. Residentially zoned parcels with more than a one (1) stall garage attached to the dwelling are permitted to have an additional one (1) stall detached garage on the parcel. If a detached garage is erected, no other detached accessory buildings may be constructed or maintained on the parcel.
c. Garages attached to dwellings shall be three (3) stalls or less, provided the square footage requirements of Subsection (d)(4) are met. Dwellings with an attached three (3) stall garage are not permitted to have an additional detached garage on the parcel.
(d) Standards for Attached Accessory Buildings/Garages.
(1) Setback Requirements. All accessory buildings which are attached to the principal building, including attached garages, shall comply with the height and yard/setback requirements of the principal building. An accessory structure or use shall not be forward of the front line of the principal structure.
(2) Determination of Attached Status. When accessory buildings are attached to the principal building, including attached garages, by a breezeway, passageway or similar means, or are separated by a nominal gap, they are considered to be a part of the principal building and shall comply in all respects with the height and yard/setback requirements and local building code requirements for the principal building.
(3) Carports. For purposes of this Section, a carport, as defined in Section 13-1-300(a), shall be considered to be an attached garage.
(4) Attached Garage Square Footage Limits.
a. The maximum square feet of attached garage floor area shall be limited to the smaller of either one thousand (1,000) square feet or the first floor dwelling unit area in the case of a single family residence.
b. The maximum square feet of attached garage floor area shall be limited to the smaller of either six hundred (600) square feet or the first floor dwelling unit area in the case of a duplex, two-family dwelling, or multi-family dwelling.
(e) Standards for Detached Accessory Buildings/Garages; Lot Area Coverage; Square Footage.
(1) Size Restrictions. In the aggregate, detached accessory buildings and structures, including detached garages, shall not occupy more than forty percent (40%) of any required rear yard area, or be larger than one thousand two hundred (1,200) square feet, whichever is more restrictive, on residential lots of fifteen thousand (15,000) square feet or less. On lots of fifteen thousand (15,000) square feet or larger, detached accessory buildings and structures shall not exceed thirty percent (30%) of any required rear yard area of one thousand five hundred (1,500) square feet, whichever is more restrictive.
(2) Front or Side Yard Placement Prohibited. No detached accessory building shall occupy any portion of the required front or side yard. Only rear yard placement is permissible. An accessory structure or use shall not be located forward of the front line of the principal structure.
(3) Height. Single-story detached garages and other single-story detached accessory buildings shall be fifteen (15) feet or less in height. Two-story detached garages and other detached accessory buildings shall be twenty-five (25) feet or less in height. Accessory buildings in commercial and industrial districts shall not exceed twenty-five (25) feet in height.
(4) Setback Requirements. Detached accessory buildings and garages shall have a seven (7) foot setback from side or rear lot lines, except where the zoning district classification requires a specific setback standard. However, where a rear lot abuts an alley, accessory buildings not attached to the principal building shall be located so as to be not closer than six (6) feet to the rear lot line, except that when the accessory building is a garage that has its entrance facing the alley, the rear yard setback shall be twenty (20) feet for the garage.
(5) Setback from Principal Structure. An accessory building shall not be nearer than ten (10) feet to the principal structure unless the applicable building code regulations in regard to one (1) 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.
(6) Setback from Other Accessory Buildings. No detached accessory building shall be located within five (5) feet of any other accessory building.
(7) Placement Where Utility Easements Exist. Where there is an existing utility easement, no detached garage or accessory building may be located closer than three (3) feet to such utility easement. In newly platted land divisions, detached garages and accessory buildings shall be located ten (10) feet from the utility easement.
(8) Exterior Finishes. Galvanized unpainted exterior finishes are not permitted on detached accessory structures. All accessory structures and garages shall be constructed of durable materials and shall not utilize fabric/plastic/rubber materials used in such a fashion or manner so as to be a substitute for building walls and/or roof or roofs of said accessory structure or garage.
(9) Lot Area Coverage Determination. The dimensions of any swimming pool, children's play structure, detached garage, detached wind and solar energy conversion units, and other detached accessory buildings/ structures shall be included in the determination of available lot area coverage for accessory structures.
(10) Required Roof Overhangs. All detached structures over one hundred fifty (150) square feet in size, in a residential district, must have a minimum one (1) foot overhang with facia and soffit on all sides, unless an alternative option is approved by the Village Board.
(11) Setback/Yard Requirements. Except where a zoning district requires specific setback standards, detached accessory structures shall not be closer than three (3) feet to any lot line.
(f) Use Restrictions - Residential District. 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. Accessory buildings shall not be used for residential purposes.
(g) 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, nor nearer than three (3) feet to the side line of the adjacent structure.
(h) Landscaping Uses and Lawn Accessories. Accessory decorative lawn accessories, structures and vegetation used for landscaping may be placed in any required yard area. Permitted landscaping structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, fountains, statuary, bird baths, walks, paths, paved terraces, ornamental pools, trees, shrubs and flowers and gardens, provided newly placed vegetation and accessories are located no closer than three (3) feet to a property or right-of- way line.
(i) Temporary Accessory 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.
(j) Garages in Embankments in Front Yards. Where the mean natural grade of a front yard is more than eight (8) feet above the curb level, a private garage may be erected within the front yard, provided as follows:
(1) That such private garage shall be located not less than five (5) feet from the front lot line;
(2) That the floor level of such private garage shall be not more than one (1) foot above the curb level; and
(3) That at least one-half (1/2) the height of such private garage shall be below the mean grade of the front yard.
(k) Outdoor Lighting. Outdoor lighting installations shall not be permitted closer than three (3) feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed fifteen (15) feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties and shall not register more than one-half foot candles at the property line.
(I) Retaining Walls. Retaining walls may be permitted anywhere on the lot, provided, however, that no individual wall shall exceed six (6) feet in height, and a terrace of at least three (3) feet in width shall be provided between any series of such walls.
(m) Children's Play Structures. For purposes of this Section, children's play structures, including play houses, tree houses or elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the dimensional requirements of this Section, specifically height and setback standards, 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 con- structed out of materials that would constitute a nuisance.
(n) Terrace Area Restrictions. In addition to the definitions and restrictions contained in Title 6, Chapter 2 of this Code of Ordinances, no person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboard/hoops, in the terrace area.
(o) Offensive Uses Prohibited. No accessory use shall be dangerous, obnoxious or offensive to persons residing in the vicinity, nor shall it impair the use, enjoyment or value of any property.
(p) Prohibited Dwelling Use. No accessory dwelling unit in any Residential District shall be used or let for Iiving purposes, whether for compensation or not.
(q) Gardening. Home gardening is a permitted accessory use on any residential lot with a dwelling or the principal use on any vacant lot or parcel.
(r) Dog Houses/Runs. Dog houses and/or runs shall comply with the setback requirements in Section 13-1-202.
(s) Agricultural Structures. Agricultural structures in properly zoned agricultural districts such as barns, silos and windmills shall not exceed in height twice their distance from the nearest lot line.
(t) Tents; Fabric-Covered Structures; Hoop-Supported Structures.
(1) Prohibited Use as Permanent Accessory Structure. No tent, plastic or fabric- covered structure, or a structure supported by hoops or a tubular frame, also known as a "polystructure", may be used as a permanent accessory structure in a non- agricultural district without Village Board approval; such structures may be erected and used no more than one hundred eighty (180) days per year without being removed. An exception is that a plastic or fabric-covered hoop-supported or tubular greenhouse may be maintained if used exclusively for personal greenhouse use.
(2) Anchoring Requirement. Any permitted tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame shall be fastened or anchored in a stable manner to the ground.
(3) Limitations on Utility Service. No plumbing, electrical, heating or other utility service may be installed in a tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame except for seasonal use in personal greenhouses. A tent shall not be used as a dwelling other than for temporary recreational use.
(4) Compliance with Accessory Building Requirements. Any tent, plastic or fabric- covered structure, or a structure supported by hoops or a tubular frame, shall comply with the dimensional and yard/setback requirements of this Section.
(u) Design Standards for Detached Accessory Buildings; Architectural Requirements. Except where more restrictive requirements exist for accessory structures elsewhere in this Section, the following standards shall be complied with for residential detached accessory structures in platted subdivisions only exceeding one hundred and fifty (150) square feet:
(1) Architectural Consistency Requirements in All Residential Zoning Districts.
a. Accessory buildings shall have a design composition which is architecturally consistent with the principal building, and shall incorporate similar complimentary design elements and colors where visible to the public; the roof pitch and roof line of an accessory building shall be the same or similar to that of the principal building. This Subsection is not applicable to greenhouses.
b. Accessory building walls clad with a singular exterior surface material shall provide some additional architectural design element(s) to break up the visual plane of the wall. This may be done by the addition of windows, gable end wall treatments, siding design and accent panels, protruding pilasters, or other architectural design treatments consistent with the principal building design.
c. In all residential districts in addition to the above requirements, detached accessory structures shall utilize similar exterior wall siding materials as then exist on the principal residential structure on the property. In the case of principal residential structures in all residential districts utilizing exterior brick, stone or masonry, similar brick, stone or masonry materials shall be used on the front portion of the exterior walls of the detached accessory structure or any publicly visible elevation. At a minimum, a thirty (30) inch high masonry base should be included on elevations visible from public view. Masonry, stone or brick accents or trim elements matching similar components on the principal residential structure are acceptable to complement a residence constructed with brick, stone or masonry siding materials. For the remainder of the accessory structure located in a residential district with a brick, stone or masonry residence, siding materials shall resemble siding materials utilized on at least one (1) other non-brick/masonry residential structure found on an adjacent or on the same block in the residential neighborhood, if any, provided that such comparison structure must meet the minimum design standards of this Section.
(2) Exterior Finishes and Materials.
a. The exterior walls of accessory structures shall be clad with: cement fiber siding; engineered composite siding; wood; wood shakes; wood clapboards; vinyl, steel or aluminum beveled siding; brick, stone or other masonry-type veneer materials; non-reflective painted metal cladding; or similar materials approved by the Building Inspector. The color and texture of exterior wall materials shall be similar to the color used on the exterior of the principal residential structure where visible to the public. Accessory structures in residential districts visible to the public shall utilize exterior wall materials of similar type, color and texture as found on the principal structure on the lot. Pole-type construction accessory structures in a Residential District may only be permitted if the criteria herein can be met.
b. Roofs of all accessory structures on residential parcels shall be covered with asphalt shingles; wood or shake shingles; standing painted metal siding; tile roofing; or slate roofing. Accessory structures in residential districts shall have roof lines and angles similar to the roof lines and angles of the principal residential structure on the property. No flat roofs shall be permitted on accessory structures (boathouses excepted) unless the principal residential structure has a flat roof covering more than half of the residence, excluding a garage or carport flat roof feature attached to the principal residential structure.
c. Galvanized, reflective or unpainted corrugated exterior metal siding or roof finishes are not permitted on detached accessory structures. Any metal walls or roofing shall be not less than 26 gauge, roll-formed ribbed sheeting with a factory-applied non-reflective finish with a manufacturer's warranty of not less than twenty (20) years for the metal and finish. The use of used metal siding/roofing is not permitted.
d. The use of decorative stone, stone veneer, and brick is required on accessory structures in residential districts per Subsection (g)(l)c above and is encouraged with other non-agricultural accessory structures on parcels with a primarily residential purpose.
e. For structures twenty (20) feet in length or greater, roof design shall include architectural distinction to interupt the visual continuity of the roof. The inclusion of a roof cupola, roof dormers or roof line changes would act as acceptable architectural elements.
f. Detached accessory structures shall not have a rooftop deck (boathouses excepted).
g. All accessory structures and garages shall be constructed of durable materials and shall not utilize fabric/plastic/rubber materials or membranes used in such a fashion or manner so as to be a substitute for building walls and/or roof or roofs of said accessory structure or garage.
h. Detached accessory structures should have windows established on at least two
(2) walls.
(3) Anchoring. Accessory buildings with foundations shall be secured with anchor bolts. Accessory buildings not located on a foundation shall be provided with suitable anchoring to the ground.
(4) Lot Area Determination. The dimensions of any swimming pool, children's play structure, detached garage, dedicated sports court, detached gazebo or pergola, and other detached accessory buildings/ structures shall be included in the determination of available lot area coverage for accessory structures. Patios and decks are not included in such determinations.
(5) Required Roof Overhangs. All detached structures over one hundred fifty (150) square feet in size, in a residential district, must have a minimum one (1) foot overhang with facia and soffit on all sides, unless an alternative option is approved by the Village Board. No portion of the accessory building, including roof eaves, shall extend across a property line.
(6) Placement on Easements. Accessory structures are prohibited from being placed within any recorded easement.
(v) Decks; Patios; Gazebos; Pergolas. The following require an accessory building zoning permit and shall comply with the following requirements:
(1) Decks. Decks which are constructed six (6) inches or more above lot grade, and which are attached to or closer than eight (8) feet to the principal structure, shall be considered a part of the principal structure and shall comply with the setback requirements for principal structures in that zoning district. Freestanding decks separated from the principal shall be located a minimum of eight (8) feet from the principal structure and shall comply with the setback requirements for accessory structures in that zoning district. Decks constructed less than six (6) inches above lot grade shall comply with the setback requirements for patios.
(2) Patios. Patios, constructed at or below lot grade, shall comply with the setback requirements for accessory structures in that zoning district.
(3) Gazebos; Pergolas. A gazebo or pergola connected with a deck which is attached to the principal structure shall comply with the setback requirements for principal structures in that zoning district. Freestanding gazebos or pergolas shall comply with the setback requirements for accessory buildings in that zoning district. A gazebo or pergola shall not exceed two hundred forty (240) square feet in size.
(w) Air Conditioning Compressors. Central air conditioning compressors are permitted in the rear yard or side yard without a permit, provided that the compressor shall be located a minimum of five (5) feet from a lot line. Where it is determined that it is impractical to locate a central air conditioning compressor in the side or rear yards due to unique practical limitations with a lot, the Building Inspector may permit placement in the street yard provided that the air conditioning compressor is screened from view.
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