HomeMy WebLinkAboutAppeal ExhibitsExhibit A
Exhibit B
Arbor: ~1.5 feet
from property line
Exhibit C
Exhibit D
Page 1
Sec. 78-349. - Accessory uses.
Within any LR-1C one-family lakeshore residential district, the only permitted accessory uses and
structures are the following:
(1)Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2)Driveways, sidewalks and parking spaces.
(3)Detached private garages and buildings subject to the performance standards of this chapter.
(4)Private recreational facilities subject to the pertinent accessory structure location and height
requirements of this chapter.
(5)Private docks, subject to this code and other applicable regulations, including boat storage density
requirements. The accessory use of a private dock shall not include renting space.
(6)Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
(7)Fencing subject to the provisions of section 78-1405(7).
(8)Signs, as regulated in this chapter.
(9)Flagpoles, subject to accessory structure location and height requirements of this chapter.
(10)Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative
landscape features, and lawn sprinkler systems.
(11)Compost structures and firewood piles, subject to the accessory structure location requirements
of this chapter.
(12)Home occupations, as defined in this chapter. All home occupations shall comply with the
provisions of section 78-1376, and the licensing provisions of [section] 26-76, when applicable.
(13)One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(14)Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject
to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and
similar structures equipped with wheels or mounted on a trailer shall be regulated as recreational
vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
(15)Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment, limited to no more than two items
per calendar year, and such items for sale shall not be parked in any portion of the public right-
of-way, public boulevard, or required front yard except a designated, improved driveway.
(16)Laundry drying equipment.
(17)Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
(Code 1984, §§ 10.20(4), 10.25(5); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd
series, § 3, 9-23-2002; Ord. No. 82 3rd series, § 16, 12-13-2010; Ord. No. 93 3rd series, § 3, 6-
25-2012; Ord. No. 96 3rd series, § 3(3.01, 3.02), 11-13-2012; Ord. No. 106 3rd series, § 7, 6-10-
2013)
Sec. 78-1405. - Nonencroachments.
Exhibit E
Page 2
(a) The following shall not be considered to be encroachments on yard setback requirements:
(1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices,
eaves, gutters, and similar building elements, provided they do not extend more than two feet into
a required yard.
(2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this
chapter; lights for illuminating parking areas, loading areas or yards for safety and security
purposes, provided the direct source of light is not visible from the public right-of-way or adjacent
residential property and is located at least five feet from the front lot line; public utility poles and
overhead lines; mailboxes.
(3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the
height of the ground floor level of the principal building and extend to a distance of not less than
two feet from any lot line. Window wells including those for fire egress which do not extend more
than five feet from the building. Sidewalks, driveways and parking areas when constructed,
located and used in compliance with other provisions contained within chapter 78. Driveways may
extend to within five feet of a side lot line.
(4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an
aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and
a depth of four feet, and open off-street parking.
(5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying
equipment, and recreational equipment except as otherwise regulated; no accessory structure
shall be closer than five feet from a rear lot line.
(5.1) Retaining walls, subject to the following provisions:
a. Retaining walls may be located in all required yards when all of the following conditions are
met:
1. The structure is located at least ten feet from the edge of the traveled roadway;
2. The structure is not located within a drainage, utility, or other easement, except upon
approval in writing for an encroachment agreement by the city; or similar approval from
another regulatory and/or utility agency;
3. The structure creates no impacts to drainage direction, rate or volume for adjacent
properties.
b. Retaining walls which do not exceed two feet in height above existing ground level, which
are located within the property and at least five feet from any property line, and for which the
amount of imported fill associated with the structure does not exceed 20 cubic yards, do not
require a building or land alteration permit.
c. Retaining walls exceeding two feet in height above existing ground level or for which the
amount of imported fill associated with the structure exceeds 20 cubic yards or which are
located less than five feet from a property line, shall require a land alteration permit and upon
recommendation of the building inspector may require city council review or a conditional
use permit per the provisions of section 78-967.
d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be
located so as to meet the required accessory structure setbacks established for that yard.
(6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line.
(7) Air conditioning or heating equipment may be located within a required yard but shall be located
within five feet of the building it serves; shall not be located within an existing or required drainage
and/or utility easement; and shall be located at least five feet from any lot line.
(8) Fences erected in all zoning districts are considered as a nonencroachment when they conform
to the standards listed below. For the purposes of this section, the following definitions shall apply:
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Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended
for a seasonal or temporary purpose.
Temporary fence. A fence that is not permanently secured or anchored to the ground by
posts or affixed footings, and is installed and removed on a limited term or seasonal basis such
as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences
installed for safety or access management purposes for special events; and fences installed for
the duration of a construction project such as silt fences, erosion control bioretention logs, and
septic drainfield site protection fences.
Fence height. The measurement from the top of any part of the fence, including posts or
other structural supports, lattice, ornate top design elements, and so forth measured to the
existing ground level below the fence, as measured perpendicular to the slope (see Drawing).
Exception: Post finials extending above the top of the fence shall not be deemed as part of the
fence for height determination purposes as long as they do not exceed ten inches in width per
finial and do not extend above the top of the fence by more than ten percent of the allowed
maximum fence height at that location.
Drawing: Fence Height Measurement
on Sloped Site
a. Nonlakeshore lots.
1. Fences and walls within a required front yard or side street yard shall not exceed a
height of 42 inches above existing ground level .
2. Fences and walls within a required rear or side yard shall not exceed a height of six feet
above existing ground level.
b. Lakeshore lots.
1. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall
not exceed 42 inches above existing ground level. Exception: A fence not exceeding
six feet in height may be located along the street lot line of a lake frontage lot which
abuts a major thoroughfare. A major thoroughfare for purposes of this section means
any county road or state highway. If such fence involves fill or berming, the total
combined height of both fence and fill shall not exceed six feet above the height of the
crown of the major thoroughfare.
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2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height,
and shall not exceed 42 inches in height for any portion located lakeward of a line drawn
between the most lakeward projection of the fence owner's principal residence structure
and the most lakeward projection of the principal residence structure on the adjacent
property abutting the side yard in which the fence is located.
3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot,
i.e., shall not be located within 75 feet of the shoreline for general development lakes,
100 feet for recreational lakes, or 150 feet for natural environment lakes.
4. When the building site of a lakeshore lot is separated from the lakeshore by a public or
private road, the following definitions will apply for fence location purposes subject to
the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the
building site from the lake does not abut a street, such yard shall be considered as a
standard rear yard. The yard between the building site and the street shall be
considered as a standard front yard.
c. Special provisions. Split rail fences of no more than three rails within a required front, street
or side street yard may have a maximum top rail height of 48 inches above existing ground
level. Board rail fences within a front, street or side street yard for the specific purpose of
enclosing permitted domestic animals may have a top rail height of 60 inches and shall be
no more than 50 percent opaque.
d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a
required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a dangerous
condition.
2. Fences shall be installed with the finished side facing neighboring properties or the
street. The term "finished side" means that side having no structural supports.
3. Fencing materials shall consist of permanent all weather products.
4. Temporary fencing shall not be allowed to remain on the property following final
inspection, or issuance of a certificate of occupancy for a permitted construction project,
or protection of property during a similar project or winter conditions. Winter conditions
shall be defined as October 15 through March 31 of the following year. Temporary
fencing associated with a special event shall be removed within seven days of the end
of such event. Temporary fencing materials shall not be allowed to remain on a
permanent basis on a parcel.
5. Existing fences that are legal nonconforming as to location, height, design or other
characteristics may be replaced in kind.
(9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical
structure or object, natural or artificial, used to depict an entrance to the property, erected in all
residential zoning districts are considered nonencroachments when they conform with the
following standards:
a. Each monument, with a maximum of two per approved driveway access, shall be limited to
a single pillar with a footprint measuring no larger than 25 square feet and no length to
exceed five feet;
b. The monument must be setback a minimum of five feet from all property boundaries and
never fewer than ten feet from the edge of the paved, traveled roadway;
c. Plans and/or elevation views of the proposed monuments are required to be submitted for
approval by the planning director;
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d. All signage proposed for the monuments must comply with section 78-1467;
e. The monuments are limited to eight feet in height including any appurtenances. Any
monument exceeding the maximum height must meet principal structure setback
requirements;
f. When more than one monument is proposed, and serving two or fewer residences, a
minimum horizontal width of 16 feet is required between them;
g. When more than one monument is proposed, and serving three or more residences, a
minimum horizontal width of 22 feet is required between them;
h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning
director.
i. When a gate is proposed, the following requirements must be met:
1. The gate must open into the property not outward towards the right-of-way, and
2. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet
in the full open position, and
3. Gates serving three or more residences shall have a minimum horizontal width of 20
feet in the full open position, and
4. For all properties, gate height may not exceed the height of the monument, measured
from grade, unless principal structure setbacks are met (if monuments are not proposed
then gate height shall be regulated in accordance with the fence height regulations of
section 78-1405(8), and
5. Gates must maintain an opacity level of no greater than 25 percent, and
6. For locked and/or secured gates a knox box, meeting the standards set forth by the
police and fire department, must be provided for emergency access, and
7. On major thoroughfares the monuments and gates must be located 40 feet from the
paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes
of this section means any county road or state highway.
j. A building permit is required for installation. A survey must be submitted depicting where the
monuments will be placed, and the property corner pins must be located for inspection
purposes.
(b) The following shall not be considered to be encroachments on structure height requirements:
(1) Parapet walls that extend no more than three feet above the height of the building.
(2) HVAC cooling towers.
(3) Elevator penthouses.
DIVISION 3. - ACCESSORY BUILDINGS AND STRUCTURES[22]
Sec. 78-1433. - Height restrictions.
No accessory building or structure in an R district shall exceed the height of the principal building, nor
shall an accessory building or structure exceed 30 feet in height.
(Code 1984, § 10.03(9)(B); Ord. No. 106 3rd series, § 23, 6-10-2013)
Sec. 78-1435. - Location.
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Except as may be specifically provided, no detached garage or other accessory building shall be
located nearer to the front or street lot line than the principal building on that lot. Detached garages or other
accessory buildings on lots which have frontage on a lake may be located between the rear yards of such
lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and
section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be
located ten feet from the street or rear lot line when doors face away from the street and an adequate
vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by
streets or private roads or are corner lots.
(Code 1984, § 10.03(9)(D); Ord. No. 52 3rd series, § 2, 11-24-2008; Ord. No. 106 3rd series, §
25, 6-10-2013)
Sec. 78-1436. - Setbacks.
Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet
footprint area shall be located at least 15 feet from any lot line.
(Code 1984, § 10.03(9)(E))
Sec. 78-1438. - Crowding principal building.
No accessory building, unless an integral part of the principal building, shall be erected, altered or
moved within ten feet of the principal building, nor within ten feet of another accessory building.
(Code 1984, § 10.03(12); Ord. No. 165 3rd series, § 1, 3-14-2016)
Sec. 78-1439. - Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more
from the property line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
Sec. 78-1440. - Exterior materials.
Except for accessory buildings that are less than 120 square feet in area or are located on lots two
acres in area or larger, an accessory building and the principal building shall be consistent in design and
color. Detached garages located within the rear yard on lots that have frontage on a lake shall have windows
or other ornamental features on the wall facing a street or private road.
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