§ 21-103. Accessory uses.

(a)

Swimming pools. Swimming pools are permitted as an accessory use and shall meet the following requirements:

(1)

Swimming pools shall be at least five (5) feet from any lot line, as measured from the edge of the water, if no decking exists.

(2)

Swimming pools, including all decking and screen enclosures, shall be located to the rear of the front building line, and shall not encroach into side yard setback areas. Decking and screen enclosures shall be at least five (5) feet from all lot lines.

(3)

Screen enclosures over and around swimming pools shall be erected so as to conform to setback requirements for accessory buildings; however, such enclosures may be attached to the principal building. Lighting for pools shall be located and installed such that no direct light nor reflected light is visible on adjoining property.

(4)

Swimming pools, surrounding decking, screen enclosures and vertical supports for screen enclosures shall not be located within public utility or stormwater management easements along side and rear lot lines.

(5)

All swimming pools shall be completely enclosed by a fence, screen enclosure or a wall not less than four (4) feet high, as required by State statute.

(6)

No pool in residential zoning districts may be used for commercial purposes.

(b)

Boat slips/ramps, docks, boat houses and fishing piers. These uses are permitted in all zoning districts as an accessory use and shall meet the following requirements:

(1)

All construction shall conform to the requirements of the Standard Building Code and City building regulations. Floating docks which are attached to shore or to a fixed dock are allowed and encouraged.

(2)

All marine structures constructed for use by a single-family residential property owner shall conform to the following regulations:

a.

Length.

1.

The maximum distance that a dock, pier or boathouse may extend from the shoreline of any lake, except stressed lakes, shall be seventy-five (75) feet.

2.

On a "stressed lake," defined as a lake which has been determined to be fluctuating below low management levels as determined by the City's lakes management division, such a structure may not extend beyond seventy-five (75) feet of the minimum low management elevation.

3.

An inventory of stressed lakes and their minimum low management elevations will be maintained by the City's lakes management division.

4.

In no case shall structures in canals extend from the canal bank or bulkhead beyond the twenty-five (25) percent of the canal's average width along the property fronting the canal.

5.

Where there is not two (2) feet of vertical water depth at seventy-five (75) feet distance from the shoreline, or from the minimum low lake elevation on stressed lakes, a floating dock may be attached to the structure and may extend to that distance at which two (2) feet of vertical water depth is attained.

b.

Location.

1.

Docks, piers and boathouses shall be constructed within the center one-third ( 1/3 ) of the waterfront lot and no closer than two hundred (200) feet from the centerline of a lake-interconnecting canal.

2.

Such structures and other structures, equipment and devices which allow or facilitate the mooring or launching of boats are not permitted in or alongside lake-interconnecting canals.

3.

Docks, piers, and boathouses constructed in residential, dead-end canals may not be closer than twenty-five (25) feet from another such structure.

c.

The main access pier from the shore to the dock, terminus, platform area or boathouse shall not exceed six (6) feet in width. Handrails shall be provided on at least one (1) side of any part of a dock or pier which is two (2) feet or less in width.

d.

All docks and piers shall be constructed so as to be visible to marine traffic in times of high water by being equipped with a device or structure which is clearly visible at least six (6) feet above the water's surface at all times (e.g., orange flag, reflectors). Such device or structure shall be installed at the lakeward end of the structure and elsewhere along the structure, spaced no further than twenty-five (25) feet apart.

e.

The surface area of all marine structures may not exceed a total of one thousand (1,000) square feet which includes the main access pier, platforms and roof area as measured along a horizontal plane. However, terminal platform area shall not exceed two hundred fifty (250) square feet, and total roof area shall not exceed five hundred (500) square feet.

f.

The sides of any structure shall remain open except that see-through screening material shall be permitted. The vertical distance between the lowest roof elevation and the deck elevation shall not exceed ten (10) feet.

g.

No more than two (2) watercraft may be moored at any such structure.

h.

Living quarters and other non-water dependent structures are prohibited.

(3)

All marine structures constructed for use by a non-single-family residential property owner shall conform to the following regulations:

All docks, piers and boathouses to be used for tenants of apartments, townhouses, piers, condominiums, hotels or motels, or for members of organizations or clubs shall be limited to:

a.

On lakes of one hundred (100) acres or more: one (1) slip per ten (10) living units (or thirty (30) members if an organization or club);

b.

On lakes less than one hundred (100) acres: one (1) slip per twenty (20) living units (or sixty (60) members if an organization or club).

(c)

Antennas and satellite dishes. Antennas and satellite dishes are permitted in all zoning districts as an accessory use and shall meet the following requirements:

(1)

No antenna or satellite dish shall exceed twelve (12) feet in diameter and thirty (30) feet in height, as measured from the ground to the highest projection of the antenna or supporting structure.

(2)

No antenna or satellite dish shall be placed forward of the front building line and shall be set back from all property lines a distance at least equal to its height. Setbacks shall be measured from the outermost projection of the antenna or supporting structure.

(3)

Where an antenna or satellite dish is not mounted on a building, the supporting structure holding the antenna shall not elevate the lower edge of the antenna more than eighteen (18) inches above the elevation of the eaves of the roof of the principal structure. Where mounted on a building, the combined height of the building and the antenna shall not exceed the maximum permitted building height in the applicable zoning district.

(4)

An installation permit shall be required for all antennas and satellite dishes exceeding twenty-five (25) feet in height and four (4) feet in diameter. Applications for this permit shall include a site plan, sketch plan or other scaled drawing showing all structures on the property, and the location, height and size of the proposed antenna.

(5)

The following regulations apply to antennas and satellite dish antennas in specific districts:

a.

Agricultural and single-family residential districts.

1.

An antenna and satellite dish shall be permitted only as an accessory use to a single-family detached dwelling unit.

2.

No more than one (1) antenna and one (1) dish shall be placed on any one (1) lot or development site.

b.

Multifamily districts, manufacture home parks and RV parks.

1.

An antenna or satellite dish shall be permitted as an accessory use to a single-family detached dwelling unit, or for the common use of the residents of a multiple-family structure or a manufactured/mobile home park.

2.

Roof-mounted antennas or satellite dishes in manufactured/mobile home parks or RV parks shall be affixed only to buildings of conventional construction.

3.

No more than one (1) antenna and one (1) dish antenna shall be placed on any one (1) lot or development site.

c.

All nonresidential districts.

1.

An antenna or satellite dish shall be permitted either as an accessory use or, if permissible in the zoning district, a principal use. The antenna or satellite dish shall not be installed prior to construction of a building at least three hundred (300) s.f. in size, if the antenna or dish is an accessory use.

2.

No more than two (2) dish antennas shall be placed on any one (1) lot or development site, except at schools, colleges, sports bars and broadcast studios, and at other similar places.

(Ord. No. O-00-09, Art. 2 (2.06.02), 4-24-00; Ord. No. O-00-19, § 3(K, L), 4-24-00; Ord. No. O-00-28, § 1(F), 10-2-00; Ord. No. O-01-60, § 1, 11-12-01)