Loading...
(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.
Sec. 13-1-208 through Sec. 13-1-219 Reserved for Future Use.
Article L: Administration
This Chapter contemplates an administrative and enforcement officer entitled the "Zoning Administrator" to administer and enforce the same. Certain considerations, particularly with regard to granting of permitted conditional uses, planned unit development conditional uses, changes in zoning districts and zoning map, and amending the text of this Zoning Chapter require review and recommendation by the Plan Commission and ultimate action by the Village Board. A Zoning Board of Appeals is provided to assure proper administration of the Chapter and to avoid arbitrariness.
Loading...