1169.01 Fencing and screening regulations.
1169.02 Conversion of dwellings.
1169.03 Accessory buildings.
1169.04 Regulation of signal-receiving antennas. (Repealed)
1169.05 Private residential swimming pool.
CROSS REFERENCES
Electric and barbed wire fences - see GEN. OFF. 521.07
Accessory building defined - see P. & Z. 1123.01(a)(1)
Fence defined - see P. & Z. 1123.01(a)(42)
Swimming pool fences - see P.&Z. 1151.01(i)
In all zoning Districts, no fence shall be established or maintained in a front yard higher than four feet above the established front yard grade, and no fence shall be established or maintained in a rear or side yard higher than eight feet above the established rear or side yard grade. All fences shall be located three feet inside the property owner’s lot line, unless the adjoining lot owner’s consent in writing is obtained and must be constructed with the finished or trim side of the fence facing out.
(Ord. 1995-43. Passed 8-2-95.)
The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within the zoning district in which the new use is permitted under this Zoning Ordinance. Such conversion shall be permitted only after obtaining a certification of zoning and otherwise complying with the other provisions of this Zoning Ordinance, and only when the resulting occupancy will comply with the requirements governing new residential construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter with the chapter applying to such district.
(Ord. 1973-44. Passed 12-18-73.)
(a) An accessory building may be erected as an integral part of a principal building, or it may be connected thereto by a breezeway or other similar structure.
(b) An accessory building may be erected detached from the principal building. No detached accessory building shall be erected in any required yard except a rear yard, and shall not occupy more than thirty-five percent (35%) of the area of the required rear yard and shall be located a minimum of five feet from lot lines. For computing the percentage of occupancy of a rear yard, as required herein, if a detached accessory building is connected to the principal building by a breezeway, the ground area of such breezeway shall be considered as a part of the accessory building and be included in the computation. (Notwithstanding the above, accessory buildings to be located on properties in excess of four (4) acres or larger (may (i) occupy no more than forty five percent (45%) of the rear yard, and (ii) must be no larger than two thousand (2,000) square feet in total size (as specifically approved by the Planning & Zoning Commission upon recommendation by the Zoning Inspector).
(c) Any accessory building, if not located in the rear yard, shall be an integral part of, or connected with, the principal building to which it is an accessory, and shall be so placed as to meet all yard requirements for a principal building of the same height and other dimensions as such accessory building. (Ord. 2023-04. Passed 2-15-23.)
(EDITOR’S NOTE: Former Section 1169.04 was repealed by Ordinance 1998-08, passed April 16, 1998.)
(a) Definitions. "Private residential swimming pool" means a receptacle for water having a water surface area of more than one hundred square feet and a depth greater than twenty-four inches, which shall be considered to be a private swimming pool for the purpose of this section and shall be subject to the following restrictions.
(b) Location.
(1) Private residential swimming pool requirements shall be as follows:
A. No portion of a private residential swimming pool shall be located at a distance less than ten feet from any side yard lot line; and
B. No portion of a private residential swimming pool shall be located at a distance less than ten feet from any rear lot line.
(2) Constructed in rear yard only.
(3) Pumps, filters and pool water disinfecting equipment installations shall be located at a distance not less than ten feet from any side or rear lot line.
(4) Pool and appurtenant equipment shall not be permitted in the side yard between buildings.
(c) Plans.
(1) Shall accurately show dimensions and construction of pool and appurtenances and distances to lot line, building, walks and fence.
(2) Details of water supply system, drainage and water disposal systems, and all appurtenances pertaining to the swimming pool.
(d) Design and Construction.
(1) Every pool shall be constructed so that the drainage from the pool shall not be a nuisance to the adjacent property owners.
(2) Electric wiring in the pool area shall meet all the national electrical codes, and shall be followed during the construction of the pool.
(e) Fences.
(1) All in-ground swimming pools shall be completely enclosed by a fence and/or house erected along the periphery of the pool.
(2) All fence openings into the pool area enclosure shall be equipped with self-closing and self-latching devices. The fence and gate shall be not less than four feet and not over eight feet in height above ground level, commencing at grade level and extending vertically.
(3) All fences constructed and maintained in accordance with this section shall also comply with the requirements of Section 1169.01.
(4) All fences shall be kept in good repair and be maintained in safe condition.
(5) Finished or good side of fence shall be placed facing out.
(6) When an above-ground pool structure four feet or higher above grade level is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then
A. The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
B. The ladder or steps shall be surrounded by a fence which meets the requirements of subsection (e)(2) hereof.
(f) Sanitation. All private residential swimming pools shall be properly maintained, kept clean and sanitary conditions maintained. All equipment shall be maintained in a satisfactory condition and shall be of a re-circulation type in which circulation of water is maintained through the pool by pumps; the water drawn from the pool being clarified and disinfected before being returned to the pool.
(g) Permit.
(1) A zoning permit shall be required for private residential swimming pools.
(2) The cost of a permit for all private residential swimming pools shall be an amount equal to Five and No/100 Dollars ($5.00) for each One Thousand and No/100 Dollars ($1,000.00) of the total construction cost, but in no event shall the permit fee be less than twenty-five and No/100 Dollars ($25.00).
(h) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not more than one hundred dollars ($100.00). Each and every day during which such
illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use
continues may be deemed a separate offense.
(Ord. 2016-20. Passed 7-13-16.)