Accessory uses and structures such as privacy garages, tool sheds, fences, and swimming pools may be permitted in conjunction with a principal use or structure, provided that the accessory use or structure does not alter the character of the district in which it is being proposed. In addition, accessory uses and structures shall meet the follow requirements:
(A) General provisions for accessory uses and structures.
(1) Accessory uses and structures may be permitted subject to approval by the Planning Director.
(2) There can be no accessory use/structure without a principal use/structure.
(3) No accessory use/structure shall be permitted prior to the operation or erection of its principal use/structure.
(4) No accessory use/structure shall be used unless the principal use/structure is also being used.
(5) Accessory uses/structures shall be operated and maintained under the same ownership and shall be located on the same lot as the principal use/structure.
(6) The materials, and any architectural design elements, used for the construction of the accessory structure shall be comparable in color, texture, and scale as the principal structure.
(7) Accessory structures shall be clearly subordinate in height, area, extent and purpose when compared to principal structure.
(B) Provisions for individual accessory uses and structures. The following provisions are in addition to the general provisions listed above and are use specific in their applicability.
(1) Private residential swimming pool. A private residential swimming pool may be permitted as an accessory use, provided that access to the said accessory use is restricted by one of the following means:
(a) Walls or fencing not less than five feet high and completely surrounding the pool and deck area with the exception of self-closing and latching gates or doors, each capable of being locked.
(b) Other means not less than five feet high, and deemed impenetrable by the Planning Director, at the time of construction and completely surrounding the pool and deck area when the pool is not in use.
(c) A combination of (a) and (b) above that completely surrounds the pool and deck with the exception of self-closing and latching gates or doors, which are capable of being locked.
(d) A power safety pool cover, provided that it:
1. Provides a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;
2. Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;
3. Is installed with track, rollers, rails, guides, or other accessories necessary to accomplish clauses (a) and (b) above, in accordance with the manufacturer’s instructions; and
4. Bears an identification tag indicating that the cover satisfied the requirements of ASTM F 1346 for power safety pool covers.
(2) Pools, multi-family or commercial (public or private). All outdoor pools installed as an accessory use to a mufti-family residential dwelling or commercial establishment (including public pools) shall be completely surrounded by walls or fencing not less than 72 inches high and of a design that will restrain the entrance of intruders. Ornamental fencing shall not have over four inches of space between pickets.
(Ord. 4-2009, passed 3-9-09)