The following provisions shall apply to accessory uses.
(A) Accessory structures may not be erected before the construction of principal structures.
(B) No accessory structure shall be located in any required setback area.
(C) Fences are permitted as accessory structures in any district and do not require a permit. The height of fences will be measured from the ground level and must meet the following standards:
(1) Except for partition fences, all fences must be located entirely on the lot which it serves, though the fence may be located immediately adjacent to the lot line.
(2) No fence in any district shall be constructed of or contain barbed wire, spikes or sharp and dangerous objects, nor be electrically charged.
(3) All posts for wood panel, stockade or similar type fences shall not be located on the side of said fence facing adjacent property or road right-of-way.
(4) Fences for swimming pools shall meet § 155.019(D) and all other applicable provisions of this chapter and state law.
(5) In residential, business and industrial district, no fence or wall of more than eight feet in height may be placed, built or installed in the front, side and rear yards of any lot. All fences and walls must be in compliance with visual clearance area requirements of this chapter.
(6) Visual clearance area requirements:
(a) Front setbacks. Fences may be constructed no closer than 15 feet from the street (right-of-way).
(b) Side setbacks. Fences may be placed on the side property lines, except if it is a corner lot or abuts an alley.
(c) Fences may be placed on the rear property line unless the property line is a corner lot or abuts an alley.
(d) Corner lot. Comer lot fences must be set back at least 15 feet from both streets.
(e) Alleys. Any property line that abuts an alley shall have at least a 30 inch setback.
(7) Every retention pond required by the city for water runoff storage or temporary holding, and in which the deepest point is more than two feet below adjacent ground level shall be enclosed with a decorative fence or protective barrier a minimum of six feet in height.
(8) Fences shall be maintained so as not to endanger life or property. Any fence, through lack of repair, type of construction or one that otherwise endangers life or property, is hereby deemed a nuisance. If an unsafe condition exists with regard to a fence, the Building Commissioner or his or her duly authorized representative shall serve on the owner, agent or person in control of the property upon which such fence is located, a written notice describing the unsafe condition and specifying the required repairs or modifications to be made to render the fence safe or requiring the unsafe fence or any portion thereof to be removed, and shall provide a time limit for such repair, modification or removal.
(D) Outdoor pools.
(1) Public or semi-public. All outdoor pools which exceed two feet or 24 inches in depth or 250 square feet in area shall be completely surrounded by walls or fencing not less than six feet high and of a design that will restrain the entrance of trespassers. Ornamental fencing shall not have over four inches of air space between pickets.
(2) Residential pools. All pools which exceed two feet or 24 inches in depth or 250 square feet in area shall be restricted by one of the following means.
(a) Wall or fence not less than four feet high and completely surrounding the pool and deck area with the exception of self-closing and latching gates and doors capable of being locked.
(b) Other impenetrable means not less than four feet high completely surrounding the pool when not in use.
(c) Combination of divisions (D)(2)(a) and (b).
(d) A power safety pool cover which:
1. Prohibits access to the pool when the cover is completely drawn over it.
2. Is mechanically operated by a key or key and switch and cannot be opened without a key or keypad.
3. Is installed with accessories to accomplish divisions (D)(2)(d)1. and 2. in accordance with the manufacturer's instructions.
4. Bears an ID tag that the cover meets ASTM F1 346 requirements.
(E) All fencing must be in place and approved by the Building Commissioner, or his or her duly authorized representative before water is run into the pool.
(Ord. 28-1984, passed 8-14-84; Am. Ord. 12-2023, passed 6-20-23) Penalty, see § 155.999