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Swimming pools shall be subject to the following conditions:
(a) Private Swimming Pool: No swimming pool, exclusive of portable swimming pools with a diameter less than twelve feet or with an area of less than 100 square feet, shall be allowed in any district, except as an accessory use and unless it complies with the following conditions and requirements.
(1) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(2) It shall not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten feet to any property line of the property on which it is located.
(3) The swimming pool shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall be constructed not less than five feet in height and maintained in good condition, with a gate and lock.
(b) Community or Club Swimming Pools: Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structures, including the area used by bathers, shall not be closer than the distances listed as the principal building setbacks for the zoning classification within which the pool is located.
(3) The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall not be less than six feet in height and maintained in good condition.
(Ord. 26-99-0. Passed 8-23-99.)
(a) An authorized agency of the Municipality, State or Federal government or the owners of any tract of land in an "R" District comprising an area of not less than ten acres may submit to Council a plan for the use and development of all of the tract of land for residential and associated non-residential purposes. The development plan shall be referred to the Planning Commission for study and report and for public hearings. Notice and publication of such public hearings shall conform to the procedures prescribed in Chapter 1157 for hearings on changes and amendments. If the Commission approves the plans, these shall be submitted to Council for consideration and action. The approval and recommendations of the Commission shall be accompanied by a report stating the reasons for approval of the application and
specific evidence showing that the proposed community development project meets with the following conditions:
(1) The property adjacent to the area included in the plan will not be adversely affected.
(2) The plan is consistent with the intents and purpose of the Zoning Ordinance to promote public health, safety, morals and general welfare.
(3) The use of the land shall be similar to the uses permitted in the district in which the plan is located.
(4) That the average lot area per family contained in the site exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is to be located.
(b) If the Planning Commission and Council approve the plans, a Zoning Certificate shall be issued, even though the use of the land, the location and height of buildings to be erected in the area, and the yards and open space contemplated by the plans do not conform in all respects to the district regulations of the district in which the project is located.
(Ord. 26-99-0. Passed 8-23-99.)
(a) Accessory Buildings:
(1) Single family residences are limited to one (1) accessory building except for properties with detached garages, which may also have a small storage building not exceeding 150 square feet in area. Properties with more than one dwelling unit may have one accessory building for each dwelling unit.
(2) The ground floor area of all accessory buildings shall not exceed the ground floor area of the dwelling.
(b) Fences and planting screens shall be subject to the following regulations:
(1) Fences, plant material, and similar screening devices up to three (3) feet high are permitted in the front yard areas. Fences up to six (6) feet in height are permitted in the remaining yard areas.
(2) Injurious materials such as barbed wire, electrically charged fences, or spike fences are not permitted in any case.
(3) No fencing, or other similar structures, are permitted in easement areas.
(Ord. 26-99-0. Passed 8-23-99.)
Environmental performance standards are regulations which are intended to promote a peaceful and quiet environment. Restrictions or limits are established on uses or facilities whose environmental factors may create a nuisance or cause a noxious, objectionable or other undesirable effect on persons or properties outside of the subject property. These restrictions apply to a uses' construction as well as its operation. Materials and/or products of a use shall be maintained in a method so that the health, safety and welfare of persons occupying the subject property or adjacent properties are not jeopardized.
(a) Applicability and Compliance. The Environmental Performance Standards are applicable to all land uses in all zoning districts in the City, and both initial and continued compliance is required. Any condition or land use falling under the jurisdiction of the standards of this code at the time of its adoption and not in conformance with these standards shell be brought in full compliance immediately upon discontinuance of the existing use of land, structure or building. Any change in the principal use of land, structure or building shall constitute a discontinuance and be fully subject to these standards and provisions.
(b) Noise. No activity on private property shall emit noise in excess of sound levels indicated in the table below.
Sound levels shall be determined by the use of a sound level meter designed to give measurements designated as dBA or dB(A). Measurements may be taken, at the discretion of the Zoning Inspector, at the property line or anywhere beyond the property line of the source property. The maximum noise levels will be established by the receiving property or zoning district regardless of the proximity of the source property to it. The source property need not be contiguous to the receiving property.
MAXIMUM PERMITTED SOUND LEVELS | ||||
SOURCE PROPERTY | RECEIVING PROPERTY | |||
NOISE SOURCE | TIME | RESIDENTIAL | COMMERCIAL | INDUSTRIAL |
Residential | Daytime1 | 55 dBA | 55 dBA | 55 dBA |
Nighttime2 | 50 | 50 | 50 | |
Commercial | Daytime1 | 55 | 60 | 60 |
Nighttime2 | 50 | 50 | 50 | |
Industrial | Daytime1 | 55 | 60 | 70 |
Nighttime2 | 50 | 50 | 60 | |
1 Daytime shall be considered as the hours between 7:00 AM and 10:00 PM.
2 Nighttime shall be considered as the hours between 10:00 PM and 7:00 AM.
(c) Exemptions. The following noise levels shall be exempt from the noise provisions during the daytime only:
(1) Firearms on authorized ranges.
(2) Legal blasting.
(3) Temporary construction activity and equipment.
(4) Installation of utilities.
(5) Lawn mowers, chain saws and garden equipment.
The following noise sources shall be exempt from the noise provisions at all times:
(1) Aircraft.
(2) Railroads.
(3) Emergency vehicles and equipment.
(4) Warning devices operating continuously for not more than five (5) minutes.
(5) Bells, chimes or carillons operating continuously for not more than five (5) minutes per hour.
(6) The repair of essential utility services.
(7) Officially sanctioned parades or other events.
(d) Vibrations. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point outside the property line of the property on which the use is located.
(e) Glare. Any process producing intense light or heat, which may cause physical harm, including high temperature processes such as combustion or welding, shall not be visible beyond any lot line bounding the property wherein the use is conducted.
All exterior lighting on private property shall be positioned as to extend glare away from adjacent properties or rights-of-way. Furthermore, no activity on private property shall generate light that creates a nuisance to surrounding properties, as determined by the Zoning Inspector.
(f) Air and Water Pollutants. The emission of air and water pollutants shall not violate the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
(g) Hazardous Materials. The storage, utilization and manufacture of solid, liquid and gaseous chemicals and other materials shall be permitted subject to the standards and regulations of any local, state or federal agency having jurisdiction in this matter.
(h) Electrical Disturbances. No activity will be permitted which emits electrical disturbances adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance and, shall comply with all applicable FCC regulations and standards.
(i) Fire Hazards. Any activity involving the use or storage of flammable or explosive material shall be protected by adequate fire-fighting and fire suppression equipment and by safety devices. Such potentially hazardous activities shall be kept from adjacent activities at a distance determined by the National Fire Protection Code.
(j) Erosion. No erosion, by either wind or water or other liquid shall be permitted which will carry substances onto neighboring properties or rights-of-way. Erosion control methods shall be implemented on all sites where the existing ground surface is altered or disturbed. All such work shall comply with all local, state and federal erosion control regulations or standards.
(Ord. 26-99-0. Passed 8-23-99.)