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The following regulations shall apply to swimming pools.
(A) A private swimming pool shall be any pool or open tank not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than three feet. Private swimming pools are permitted in any residential district provided:
(1) The pool is intended and is to be used solely for enjoyment of the occupants of the property on which it is located and their guests;
(2) If the swimming pool or part thereof is located in the front yard, it shall be not less than half of the required front yard set back; and
(3) The swimming pool area shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall be not less than six feet in height and maintained in good condition.
(B) A community or club swimming pool not open to the public shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families and guests. Community and club swimming pools 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 thereto, including the areas used by the bathers, shall be not closer than 25 feet to any property line of the property on which located; and
(3) The swimming pool and all of the area used by the bathers shall be so walled or fenced so as to prevent uncontrolled access by children from the street or adjacent properties. Safe fence or wall shall be no less than six feet in height and maintained in good condition. The area surrounding the enclosure, except for parking spaces, shall be suitably landscaped with grass, hardy shrubs, and trees, and maintained in good condition.
(Ord. 10.6, passed 3-17-2009)
Any otherwise lawful use of land or structure existing at the time of adoption of these regulations may be continued, maintained, and repaired, except as otherwise provided in this section.
(A) Continuance of non-conforming uses. The lawful operation of a non-conforming use as such use existed on the effective date of this chapter, or any amendment hereto, by which the use became a non-conforming use, may be continued; provided, however, that the number of dwelling units in a non-conforming dwelling use shall not be increased over or exceed the number of dwelling units in the non-conforming use on the effective date of this chapter.
(B) Extension of non-conforming uses in structures. A non-conforming use in a structure may be extended throughout the structure provided no structural alterations, except those required by law or ordinance, are made therein.
(C) Termination of non-conforming uses. Except as hereinafter provided, a non-conforming use that has been abandoned or discontinued for a year shall not be re-established.
(D) Non-conforming use of open land. A non-conforming use not enclosed in a building or structure, or one in which the use of the land is a use exercised principally outdoors and outside of a building or structure shall, after discontinuance of its principal use or abandonment of one year, become a prohibited and unlawful use and shall be discontinued.
(E) Enlargement or extension of non-conforming structures. A non-conforming structure in which a non-conforming use is operated shall not be enlarged or extended; a non-conforming structure in which only permitted uses are operated may be enlarged or extended in the enlargement or extension can be made in compliance with all of the provisions of this chapter established for structures in the district in which the non-conforming structure is located.
(F) Restoration of damages non-conforming structures. A non-conforming structure damaged in any manner and from any cause whatsoever to the extent of not more than 60% of its replacement cost may be restored to its original or better condition, provided restoration is completed within one year of the date of the damage.
(G) Outdoor advertising signs and structures. No outdoor sign or outdoor advertising structure which, after the adoption of this chapter, exists as a non-conforming use in any district, shall continue, as herein provided for non-conforming uses, but every such sign or structure shall be removed or changed to conform to the regulation of said district within a period of two years.
(H) Non-conforming manufactured home use and change of ownership. See Chapter 153 regarding mobile homes.
(Ord. 10.6, passed 3-17-2009)
Fences, walls, and screening are allowed in all yards provided they meet the following height limitations and construction standards unless otherwise stated:
(A) Fence construction standards.
(1) All posts and bracing shall face towards the owner.
(2) Shall be constructed on the owner's property and shall be allowed on the property line. And it is the fence owner's responsibility to know for sure where the line is. If it's found that the fence is on the wrong side of the line, it has to be (re)moved at their expense.
(3) Materials:
(a) Fences shall not be constructed of electrically charged wire, razor wire or wire fences such as those with hardware cloth, chicken wire, agriculture, or others. Moreover, materials not specifically manufactured for permanent fencing are not allowed, and no fence shall be made of, in whole or in part, cloth, canvas or other like material. With the exception of a snow fence.
(b) The cut or selvage end of wire or metal fencing materials may not be exposed at the top of a fence if the height of the fence is less than six feet. Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed. All exposed steel, except galvanized metal fences, shall have a colored finished coat applied to them and be preserved against rust and corrosion.
(c) Property owners shall be responsible for the maintenance of the fencing, walls and hedges on their property, and for removal of any fence, wall, or hedge if it becomes unsightly or a menace to public safety, health or welfare.
(B) Residential District - front yards.
(1) Shall not exceed five feet.
(2) Shall not exceed two and one-half feet within the herein-defined "Traffic Visibility Triangle" on corner lots, unless construction is of a see through type.
(a) Residential District. Side and rear yards shall not exceed six feet; and front yard shall not exceed feet.
(b) Commercial and Industrial. All fencing, walls, buffer zones and screening shall not exceed eight feet.
(c) Temporary fence. The Board of Trustees may require that a temporary fence be constructed on or around any demolition or construction site, when deemed necessary to protect the public.
(d) Flood zone. A fence constructed in the flood zone requires a floodplain permit and approval by the Floodplain Administrator. Fences generally must be a breakaway or drop fence (designed to fail under flood conditions.).
(C) Variance; standards for variance approval. When determining a variance to fence, wall, and hedge requirements, the zoning board shall consider the following:
(1) Safety in regard to the subject property, adjacent properties, ingress and egress, streets, alleyways, and water bodies.
(2) Visual impact on adjacent properties, streets, alleyways, and water bodies.
(3) Design in relation to other structures on the same lot, adjacent properties, and the neighborhood.
(4) Impact on ingress and egress, if applicable.
(5) Screening, buffering or separation of any nuisance or hazardous feature.
(6) Compatibility with adjacent properties.
(Ord. passed 11-3-2020)
ADMINISTRATION AND ENFORCEMENT
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