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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.
(a) Permitted Limited Storage. 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 thirty (30) days from the date of its delivery.
(b) Storage. Firewood should be neatly stacked and may not be stacked closer than two (2) feet to any lot line and not higher than six (6) 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 Section shall not include hedges and other vegetation. Any structures erected to shelter firewood are accessory structures subject to the standards in Section 13-1-200.
(c) Debris Removal. All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of within fifteen (15) days and shall not be allowed to remain on the premises.
(d) Diseased Wood. 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.
(e) Lot Area Coverage. Not more than twenty percent (20%) of the side and rear yard may be used for storage of firewood at any one (1) time.
(a) Definitions. The following words and terms shall have the meanings herein provided in this Section:
(1) Arbor. A decorative solid or latticework structure or trellis which is used as an entrance focal point along a barrier which serves the purpose of a fence.
(2) Berm. A mound of earth higher than the final elevation of a lot.
(3) Fence. An enclosed barrier or vertical screen device consisting of wood, stone, vinyl or metal intended to limit ingress or egress and/or provide privacy and containment. This definition also includes, but is not limited to, trellises, railings and walls when used around the perimeter of a property.
(4) Fence, Agricultural/Farm. A fence meeting the agricultural fence standards of Chapter 90, Wis. Stats., consisting of wire strands, high tensile strands or other types of material used for agricultural purposes meeting the statutory requirements.
(5) Fence, Architectural or Aesthetic. A fence constructed to enhance the appearance of the structure or the landscape.
(6) Fence, Boundary. A fence placed on or within five (5) feet of the property lines of adjacent properties.
(7) Fence, Good Neighbor. A fence constructed of solid or spaced boards where the face boards are installed at the center of the posts so that the fence looks the same from both sides.
(8) Fence, Protective. A fence constructed to enclose a hazard to the public health, safety and welfare.
(9) Fence, Security. A fence designed for protection of a site, of an open-type similar to woven wire or wrought iron fencing, not exceeding eight (8) in height.
(10) Install, Installation, Installed. To construct, erect, install, place, or replace over sixteen (16) lineal feet.
(11) Lot, Double Frontage. An interior lot having street frontage on the front and the rear of the lot.
(12) Trellis. A frame or structure of open latticework.
(b) Fence Permit Required. No person shall install a fence in the Village of Edgar without first obtaining a fence permit from the Village, including special purpose fences under Subsection (n), paying the required permit fee prescribed by Sec. 1-3-1, and complying in all respects with the terms and conditions of this Section. A fence permit shall be valid only for the term of issuance, unless sooner revoked. A fence permit is not required for painting, maintenance, or repair or replacement of less than sixteen (16) lineal feet of a fence within a five (5) year period. A fence permit may include reasonable conditions required by the Village. A fence permit application shall be filed with the Village and include the following:
(1) Fee Payment. Payment of the permit fee and completed application forms required by the Building Inspector, Zoning Administrator or Village Administrator.
(2) Plan. A drawing, site plan or plat map displaying property boundaries, the location of buildings and structures on the property, the proposed location of the fence and its distances from other structures on the parcel.
(3) Design Information. Accurate design information for the proposed fence, including height and materials to be utilized.
(4) Leased Property - Owner's Consent. If the fence is proposed to be installed on leased or rented property, the written consent of the owner.
(c) Responsibilities of Property Owner; Location Determination.
(1) Proper Location Responsibility. The property owner installing a fence is solely responsible for ensuring that the fence is properly located on his/her property, and is in compliance with height, setback, vision clearance and materials requirements. If uncertainty exists regarding the actual location of lot lines, it is the owner's responsibility to secure a lot survey.
(2) Covenant/Easement Compliance. The property owner is responsible for complying with any private subdivision covenants or deed restrictions or utility easement(s) restrictions, including any applicable plan review/approval requirements.
(d) Fence Installation General Requirements. No fence shall be installed except in strict compliance with this Section:
(1) Digger's Hotline. Prior to fence installation, the applicant shall contact Diggers Hotline service to have the project site marked.
(2) Good Neighbor Placement Requirement. Structural and support components of a fence shall face internally into the applicant's lot, facing away from adjacent properties. Fences shall be installed with the finished side facing adjacent properties or the public right-of-way. Fence posts shall be located on the inside of the fence facing the property on which the fence is located, except when the style of fence is of a design commonly known as a "Good Neighbor Fence."
(3) Grade; Contour. Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.
(4) Height. Fence height shall be measured from the surface of the ground immediately below the fence. Berms, retaining walls or other methods to raise the elevation of the fence site shall require approval by the Building Inspector prior to installation. The height of fences and walls shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height will be measured vertically from the base of the berm.
(5) Placement Near Sidewalks. Fences shall be installed no closer than six (6) inches to a public sidewalk.
(6) Fence Placement Where Utility Easements Exist. Where there is an existing utility easement, no fence may be located closer than three (3) feet to such utility easement. In newly platted land divisions, fences shall be located then (10) feet from the utility easement.
(e) Approved Fence Materials.
(1) Proper Materials. Fences located in side and/or rear yards of residential parcels shall be constructed using materials suitable for residential-style fencing, including, but not limited to: brick, fieldstone, wrought iron, vinyl, chain link [with a required top rail support and a minimum nine (9) gauge thickness], split rail wood, stockade or board- on-board wood.
(2) Open Visibility Standard. Residential front yard fences shall be fifty percent (50%) open (see-through) and be of wrought iron, picket or split rail design. Chain link fencing is permitted in side or rear yards only and its use is not permitted in residential front yards.
(3) Agricultural Fences. Agricultural/farm fences shall only be permitted in agriculturally-zoned or used districts, as determined by the Village, and shall comply with Ch. 90, Wis. Stats.
(4) Improper Materials. No fence shall be constructed of used, discarded or scrap materials in disrepair, including, but not limited to, pallets, tree branches/stumps, crates, vehicle parts, refuse or other similar items. Materials not specifically manufactured for fencing, such as doors, railroad ties, landscape timbers or utility poles shall not be used in fences. Fences shall not be constructed of luminous materials or smooth or corrugated metal materials.
(5) Finish. All fences, including privacy fences, shall only be painted or stained in neutral colors.
(f) Modifications to Existing Fences. All modifications to a pre-existing fence shall comply with this Section. Any existing fence shall not be enlarged, extended or replaced for more than sixteen (16) linear feet in a three (3) year period except in compliance with this Section.
(g) Height and Placement of Residential Fences Regulated.
(1) Height. Residential fences six (6) feet or less in height are permitted with a two (2) foot setback on rear and side lot lines, but shall not continue beyond the front of the principal structure or the required front yard setback, whichever is furthest from the street right-of-way. A fence may be placed on a rear or side lot line provided both property owners consent in writing and a copy of such agreement is filed with the Village Administrator per Subsection (h). Residential fences less than or equal to four (4) feet in height are permitted in the street/front yard setback area but shall not be closer than two (2) feet to any public right-of-way and shall not exceed two and one- half (2-1/2) feet in height in a vision clearance triangle [see Subsection (j) below].
(2) Narrow Lot Standards. In any residential district or on any lot or premises, the principal use of which is for residential purposes, no lengthwise fence or other lengthwise barrier or obstruction shall be erected, placed, installed or reinstalled in any area where there is a distance between main residential buildings of ten (10) feet or less.
(3) Non-Residential Fences Adjacent to Residential Parcels. No fence or wall shall be erected, placed or maintained along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.
(h) Setback for Residential Fences.
(1) Fence Setback With No Adjacent Owner Consent. Fences in or adjacent to a residential property (or property primarily residential in use) are permitted along lot lines with a minimum two (2) foot side and rear yard setback without permission from adjacent property owners.
(2) Fence Setback With Adjacent Owner Consent.
a. Fences may be placed on property lines only with the written approval of adjoining property owners, a copy of which shall be provided to the Village; such fences shall fully comply with the permit and standards requirements of this Section.
b. If a new fence is constructed or erected on a property line without the express written consent of the adjoining property owner, whether proper permits have been issued or not, a written complaint may be filed with the Zoning Administrator, who shall give notice to the owner of the fence to remove the fence. If the owner does not comply within thirty (30) days from the date of notification, the Zoning Administrator may request the Village of Edgar to remove it at the owner's expense.
(3) Front Setback Areas. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.
(i) Industrial/Commercial Security Fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed eight (8) feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
(j) Corner Lot Vision Clearance Requirements.
(1) Standards. In order to provide adequate vision clearance on comer lots, no fence shall be erected or maintained within the triangular space formed by two (2) 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:
a. A minimum of twenty (20) feet from the intersection of the two street property lines;
b. A minimum of fifteen (15) feet from the intersection of the two alley property lines; or
c. A minimum of ten (10) feet from the intersection of the two driveway property lines.
(2) Determination. 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.
(k) Prohibited Fences.
(1) Dangerous Condition; Barbed Wire. No fence shall be constructed which is of a 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 eight (8) feet above the ground or height and project toward the fenced property and away from any public area.
(2) Electric Fences. Fences which conduct electricity or are designed to electrically shock are prohibited within the Village.
(3) Improper Wire Fencing. No woven, twisted, welded or interlaced wire fence or farm- type woven wire, such as using chicken wire, shall be located in a non-industrial district, unless such fencing is ornamental in character.
(4) Improper Wood-Slat Fencing. No wood-slat or plastic snow fence shall be permitted as a regular use in a Residential District, except as a temporary use under Subsection (m).
(5) Post-Only Fences. No fence shall consist solely of fence posts or be maintained as an incompletely constructed fence consisting only of posts and supporting members.
(1) Fences to be Repaired; Corrective Action.
(1) Good Repair Requirement. 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. Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair.
(2) Compliance Standards for Existing Fences. Any existing fences which do not conform to the requirements of this Section and which are damaged, or in need of repair to the extent that exceeds fifty percent (50%) of the then value of the fence, said entire fence shall either be completely dismantled or reconstructed in compliance with the provision of this Section.
(3) Failure to Maintain. All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. Failure to maintain a fence in good condition and repair will result in the Village issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation and with a penalty set forth in Section 1-1-6.
(m) Temporary Fences; Permit Not Required.
(1) Standards. 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 (4) 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 forty-five (45) days.
(2) Seasonal Fences. This Section is not intended to regulate seasonal or temporary fences such as garden or snow fences except that such fences shall be removed when the condition or season for the said fence was erected no longer exists. Under no circumstances shall a snow fence be erected for more than five (5) months.
(n) Special Purpose Fences.
(1) Swimming Pool/Hot Tub Fences. Swimming pool and hot tub fences shall comply with the requirements of Section 13-1-203.
(2) Pet Enclosures; Dog Runs. Pet enclosures and dog runs shall be permitted in residential districts subject to the following conditions:
a. No fence permit is required prior to installation of a pet enclosure or dog run.
b. No pet enclosure or dog run shall be in excess of two hundred and fifty (250) square feet in area, or be more than six (6) feet in height above the surface of the ground.
c. Pet enclosures and dog runs may be constructed of any material permitted for a residential fence.
d. No pet enclosure or dog run shall be constructed contrary to required vision clearance area requirements.
e. Pet enclosures and dog runs shall be located no closer than ten (I 0) feet to a side or rear lot line, and shall not be located to the front of the principal structure.
(3) Anhydrous Ammonia Sites. Anhydrous ammonia tank sites shall be fenced as prescribed in Section 8-1-13.
(o) 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 fifty percent (50%) of said fence shall require the owner to bring the fence into compliance with this Section.
(a) 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 two (2) feet located above or below the surface of ground elevation, having an area greater than one hundred fifty (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. Such pool is installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semi-permanent structure on the land.
(b) Exempt Pools. Storable children's swimming or wading pools, with a maximum dimension of fifteen (15) feet and a maximum wall height of twenty-four (24) inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this Section. Inflatable pools of all types are exempt.
(c) Permit; Construction Requirements.
(1) Permit Required. Before work is commenced on the construction or erection of private or residential swimming pools or hot tubs or on any alterations, additions, remodeling or other improvements, an application for a swimming pool or 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 shall be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee pursuant to the Village Building Code shall accompany such application.
(2) 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 or installation of a swimming pool or hot tub unless the following construction requirements are observed and the fee as prescribed in Section 1-3-1 is paid:
a. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements for pool or hot tub installation shall be in accord with all state regulations and with any and all Ordinances of the Village of Edgar now in effect or hereafter enacted.
b. All plumbing work shall be in accordance with all applicable Ordinances of the Village of Edgar and all state codes. Every private or residential swimming pool or hot tub shall be provided with a suitable draining method and, in no case, shall waters from any pool or hot tub be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.
c. 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 or hot tub shall be in conformance with the state laws and Village Ordinances regulating electrical installations.
(d) Setbacks and Other Requirements.
(1) Permissible Locations. Private swimming pools or hot tubs shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool or hot tub 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.
(2) Setbacks. All swimming pools and outdoor hot tubs shall be at least ten (10) feet from any lot line or building, measured at the water line, unless designed and approved by the Village as an addition to a building.
(3) Prohibited Placement Areas. Swimming pools and hot tubs shall not be constructed in the front yard or in a required corner side yard.
(4) Area Calculations. 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.
(e) Enclosure.
(1) Fence; In-Ground Pools. All outdoor, below grade swimming pools shall have a fence or other solid structure not less than four (4) feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three (3) inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.
(2) Above-Ground Pools; Pool Wall Barrier.
a. An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water enclosing wall of the pool. Such walls shall extend more than three (3) feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six (6) feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.
b. The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of thirty-six (36) inches high on the top.
(3) Miscellaneous Requirements.
a. Swimming pools and hot tubs surrounded in whole or in part by a deck which has steps leading to the swimming pool or hot tub shall be equipped with a gate a minimum of four (4) feet in height and capable of being latched and locked with a combination lock or by a lock worked by a key to secure access to the swimming pool or hot tub when not in use.
b. Service gates and gates which are part of a fence or wall enclosing a swimming pool or hot tub which are located across a driveway shall be kept closed and latched at all times by the property owner or occupier when not in use for ingress or egress. When such areas are not in use, such gates shall be locked with a combination lock or by a lock worked by a key.
c. Hot tubs equipped with a fitted cover and capable of supporting a minimum of two hundred (200) pounds shall be exempt from required fencing.
(f) Draining and Approval Thereof_ No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Plumbing Inspector.
(g) Filter System Required. All private swimming pools within the meaning of this Chapter must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
(h) Dirt Bottoms Prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.
(i) Compliance. All swimming pools and outdoor hot tubs existing at the time of original passage of this Code of Ordinances not satisfactorily fenced shall comply with the fencing requirements of this Section or when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
(a) Purpose. The purpose of this Section is to protect public and private property from the effects of poorly designed and constructed retaining walls.
(b) Permit Required. A permit shall be required for all retaining walls constructed that exceed twenty-four (24) inches in height, including terraced retaining wall projects where the total height of all walls exceeds twenty-four (24) inches, and are closer than fifteen (15) feet to a property line.
(c) Application. Application shall be made to the Zoning Administrator on forms provided and shall include a site plan and a set of construction plans. Plans sealed by a professional engineer registered in the State and/or other information necessary to adequately review the proposed retaining wall may also be required by the Zoning Administrator.
(d) Performance Standards. A retaining wall shall be designed to resist the lateral pressure of the retained material in accordance with accepted engineering practice. Walls retaining drained earth may be designed for pressure equivalent to that exerted by an equivalent fluid weighing not less than thirty (30) pounds per cubic foot and having a depth equal to that of the retained earth. Any surcharge shall be in addition to the equivalent fluid pressure.
(e) Setbacks. Setbacks for retaining walls shall be the same as for fences under Section 13-1-202.
(a) Scope of Provisions.
(1) Portable Storage Container Units. A portable storage unit may be either:
a. Any container, shed-like container, or other portable structure, typically enclosed or open only on the top of the unit, no larger in dimension than ten (10) feet wide x ten (10) feet in height x twenty (20) feet in length and transported to a residential location for temporary storage purposes (typically known as PODs, MODs, etc.). Such units or containers are designed or intended to be used for the storage of personal property and are located for such purposes outside of an enclosed building; or
b. Non self-propelled, fully enclosed trailers that are designed or used to transport materials, goods and equipment and are temporarily placed on property zoned or used for residential purposes (semi-trailers) for storage purposes.
(2) Units Excluded; Limitations. Commercial shipping containers of the kind used to ship goods and materials by rail, ship or truck shall not be placed or used for storage use or any other purpose in any zoning district.
(b) Permissible Portable Storage Unit Use. The use of portable storage units on a residential parcel is allowed under the following conditions:
(1) Authorization. Authorization has been obtained from the Building Inspector pursuant to Subsection (c) below for temporary placement on a property.
(2) Number. There shall be no more than one (1) portable storage unit per residential property. No other type of temporary storage or shipping container may also be located on the property.
(3) Duration. A portable storage unit shall not remain on a residential property for more than sixty (60) consecutive days, and must not be placed on any one property in a zoning district in excess of sixty (60) days in a twelve (12) month period.
(4) Placement Location.
a. The portable storage unit shall be placed within the buildable area of the lot and be on a concrete, asphalt or similar hard surface.
b. If a portable storage unit is placed in the required front yard, the unit shall be located only in the area primarily used for vehicular ingress and egress and shall be located a minimum of ten (10) feet from the edge of the curb. Where no curb exists, the portable storage unit shall have a fifteen (15) foot setback from the edge of the pavement.
c. If a portable storage unit is placed in a rear or side yard, the setback requirements for accessory buildings for that zoning district shall be complied with.
(5) Prohibited Materials. Portable storage units shall not be used to store materials and substances including or of a similar nature: contractor's materials and equipment, nonresidential items and equipment, solid waste, refuse, hazardous materials, explosives, flammable liquids, and other harmful or illegal substances and materials.
(6) Construction Site Exception. Portable storage units for the temporary storage of personal property associated with and made necessary by construction at a residential property are exempt from the aforementioned conditions. Portable storage units associated with construction activities at a site where a building permit has been issued are permitted for the duration of the construction and shall be removed from the site within fifteen (15) days of the end of construction.
(c) Authorization Procedures.
(1) Notification. The owner or occupant of a residential lot or parcel on which a portable storage unit will be placed is responsible for providing notice to the Building Inspector within twenty-four (24) hours of placement. The owner or occupant shall provide his/her name, property address, contact telephone number(s), and email address.
(2) Authorization. The Building Inspector will respond by mail or email with a written authorization if the owner or occupant has provided sufficient information. Upon request, the Building Inspector may grant a time extension upon a showing of good cause and there have been no violations of the requirements under this Section.
(a) Scope of Provisions. A sports court is a dedicated hard surfaced area purpose-built for playing tennis, basketball, shuffleboard, or other similar such sporting activities on a residential lot. A residential driveway or paved parking area occasionally used for such activities is not considered to be a sports court. A sports court may be constructed and maintained on a residential lot in addition to permissible detached accessory structures.
(b) Permit Application.
(1) Permit Requirement. An accessory building zoning permit per Section 13-1-200(a) is required for all sports courts prior to construction.
(2) Application Requirements. In addition to the required application information prescribed in Section 13-1-200(a), permit applications for sports courts shall include the following additional information:
a. Court dimensions;
b. A site plan drawn to scale showing the location of the court on the Jot, and the distance from other structures and property lines;
c. Lighting plan;
d. Landscaping plan;
e. Fencing plan, including information on the height and type of proposed fencing; and
f. Any other information deemed necessary by the Building Inspector.
(c) Standards for Sports Courts.
(1) Number. A residential lot is permitted to have one (1) sports court. A sports court may only be constructed on a Jot after the principal structure is under construction or present.
(2) Location. Sports courts may only be located in rear or side yard areas. No sports court may be constructed in a front yard or over an easement.
(3) Setback Requirements. A sports court, and attendant facilities (example: equipment structure), shall be located a minimum of ten (10) feet from any property lines or residential structure.
(4) Lighting. If a sports court will have lighting, such lights shall be extinguished by 10:00 p.m., shall be directed onto the court, and shall be shielded and directed downwards to minimize light migration and glare onto adjacent properties. All such lighting shall comply with Village of Edgar lighting ordinances.
(5) Fencing.
a. Fencing enclosing a sports court on a residential parcel shall use either purpose- manufactured sports netting or utilize corrosion-resistant #9 gauge woven wire mesh similar to chain link design. No such fence shall exceed exceed ten (10) feet in height. Fence posts shall be decay-resistant.
b. Upon application for consideration, the Plan Commission may modify such fencing requirements where structures or vegetation provide a substantial equivalent of the fencing required by this Section. However, such waiver shall not permit a sports court enclosure fence to serve as a lot line fence governed by Section 13-1-202.
(6) Drainage. Adequate provisions, satisfactory to the Building Inspector, shall be made to prevent drainage of surface water from the sports court onto adjoining properties.
(7) Additional Requirements. The Building Inspector shall have the authority when granting a permit to require such design changes, additions and safeguards which he/she determines to be necessary.
(d) Miscellaneous Requirements.
(1) Hours of Operation. No sports court located within one hundred (100) feet of an adjacent residence shall be used between 10:00 p.m. and 7:00 a.m.
(2) Private Use Only. Sports courts on residential parcels shall not be used for commercial purposes.
(3) Noise Limitations. No excessive, loud or unnecessary noises from a sports court which disturb the comfort and quiet of neighboring residents is permissible. Village noise ordinances shall be complied with.
(4) Nuisances. No sports court shall be maintained or operated in such a manner as to create a hazard or nuisance or in other ways be detrimental to the public safety, health and welfare or result in substantial adverse effect on neighboring properties.
(e) Complaints. In the event complaints are received regarding a sports court, the Building Inspector shall refer such complaints to the Plan Commission. Following written notice to the property owner with the sports court and public hearing, the Plan Commission may issue an order to terminate the objectionable activity complained about or impose appropriate changes.
(a) Purpose.
(1) Use of Solar Energy in the Village. The Village of Edgar desires to encourage the use of solar energy by its citizens, businesses and industries, and permit reasonable uses of solar energy. The Village recognizes that properly designed local zoning, land use and building code regulations can prepare the community for greater access to solar energy. An objective of this Section is to preserve neighborhood aesthetics while encouraging sustainable solar energy design.
(2) Public Safety. The installation of solar energy systems according to established standards by properly trained and licensed personnel is essential to the safe and efficient operation of said systems. This Section is intended to promote best practices and set forth site-specific solar planning standards.
(3) Compliance With State Law Standards. This Section is adopted in compliance with the requirements of Sec. 66.0401, Wis. Stats., relating to local regulation of solar energy systems and the State's expressed policy of encouraging the use of solar energy. As required by this Statute, this Section satisfies state law requirements by meeting the following objectives:
a. Serves to preserve or protect the public health or safety;
b. Does not significantly increase the cost of the solar energy system or significantly decrease the system's efficiency; and
c. Allows for an alternative system of comparable cost and efficiency.
(b) Definitions. The following definitions shall be applicable in this Section, and shall also be amendments to the Zoning Code's general definitions in Section 13-1-300:
(1) Solar Array. An accessory system or device that is roof-mounted, wall-mounted or ground-mounted with racks or poles, used to collect radiant energy directly from the sun for use in a solar collector's energy transformation process. Solar arrays are accessory and incidental to the parcel's principal use and are designed primarily for serving on-site needs or a use that is related to the principal use of the property.
(2) Solar Collector. A device, structure, or part of a device, the substantial purpose of which is to transform solar energy into thermal, mechanical, chemical, or electrical energy.
(3) Solar Farm. An array of multiple solar collectors on ground-mounted racks or poles that transmit solar energy and is the primary principal use for the parcel on which it is located. Solar farms typically also serve off-site uses.
(c) Permit Requirements.
(1) Building Permit Requirements. A building permit is required for the construction and/or erecting of a solar array, solar collector or solar farm pursuant to the requirements of Title 15, Chapter 1. A separate zoning permit is not required except where a conditional use permit is necessary under this Section. The types of permits and inspections which may be required are site-specific and equipment-specific. Prior to seeking local permits, the applicant is encouraged to use the services of a qualified consultant or solar contractor to determine if the property has a suitable solar energy site. The following are generally required:
a. Building permits are required. When deemed necessary by the Building Inspector, wind-load and structural-load calculations are also required when structural and wind loads are concerns due to weight, size, or extensive racking and/or footings of the proposed equipment and devices. Building-integrated solar energy systems such as solar shingles, windows, skylights, awnings, etc., are subject to building permit requirements.
b. Electrical permits are required for all solar electric equipment and solar water heaters.
c. Plumbing permits are required for all solar water heaters and may be required for solar air collector systems.
d. Ground-mounted solar arrays or solar farms may be determined by the Building Inspector or Zoning Administrator as creating impervious surface areas exceeding lot standards for improved surfaces. In such instances, any applicable permits shall be conditional upon the owner constructing appropriate mitigation measures for stormwater runoff.
e. Solar installations and protection of solar rights shall also be in compliance with Sec. 66.0401, Wis. Stats.
(2) Inspections and Enforcement. The requirements and conditions herein are enforced by the Village. Inspections of the site and equipment may be conducted by the Building Inspector, Zoning Administrator, or designee as appropriate. Violations and penalties are subject to the applicable code.
(3) Utility Interconnections. If the solar collectors being used are designed to generate electricity and will be linked to the electrical grid serving the property, an interconnect agreement, or proper permit application, with the electrical service provider utility is required and shall be provided to the Village at the time of application for any local permit.
(d) Solar Arrays - Accessory Use. Except as provided herein, solar arrays are permitted accessory uses in all zoning districts provided the requirements of this Section are complied with:
(1) Setback and Height Requirements; Conditional Use Situations.
a. Ground-mounted solar arrays shall comply with the height and building setback requirements for accessory structures in the zoning district in which the system is proposed. Roof-mounted or wall-mounted solar arrays shall comply with the height and building setback requirements for principal structures in the zoning district in which the system is proposed.
b. In all districts accessory solar arrays exceeding height standards may be allowed by conditional use permit under the procedures of Article E of this Chapter.
(2) Size. Accessory solar arrays have no square footage size limits except that in residential districts for buildings with four (4) dwelling units or less, the maximum size for solar arrays shall be one thousand (1,000) square feet. Larger arrays in residential districts may be allowed by conditional use permit under the procedures of Article E of this Chapter.
(e) Solar Farms - Conditional Use. Solar farms are a principal use on the property on which located and require a conditional use permit in all districts pursuant to the procedures of Article E of this Chapter. Solar farms shall comply with all setback and height requirements for principal structures in the district unless height requirements are modified by conditional use permit.
(f) Signage. One (1) sign not exceeding twenty-four (24) sq. ft. is allowed per solar array or solar farm for educational or acknowledgement purposes.
(g) Homeowners Association Rules and Restrictive Covenants. A homeowners association's rules or a restrictive covenent shall comply with the standards of Sec. 66.0401, Wis. Stats., and not be more restrictive than the requirements of this Section. Sec. 236.292, Wis. Stats., voids private land use restrictions on platted lands which prevent or unduly restrict the construction or operation of solar energy systems.
State Law Reference: Secs. 66.0401 and 236.292, Wis. Stats.
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