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Private swimming pools shall be constructed so as to avoid hazard or damage to the occupants of the subject property or the occupants of adjacent property and shall meet the following minimum requirements:
(A) Underground or overhead utilities shall be located in conformance with the National Electrical Code.
(B) No pool shall be located within any private easement, public or private utility easement, drainage way, marsh or other location in which it will represent a threat to the natural environment.
(C) In areas zoned or used for residential purposes, pools as defined by § 150.290(A) are prohibited in the front yard and shall not be located within thirty (30) feet of any property line, nor within ten (10) feet of any principal structure or accessory buildings except accessory buildings without frost footings. No mechanical equipment shall be located closer than thirty (30) feet to any property line.
(D) No portion of any swimming pool or appurtenances thereto shall be located less than ten (10) feet to any portion of a sewage disposal line or sewage treatment system, nor shall any water supply line for a swimming pool be less than fifteen (15) feet to any portion of the sewage treatment system.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
Outdoor swimming pools, as defined by § 150.290(A), shall be adequately fenced to prevent uncontrolled access from the street or adjacent property.
(A) Construction requirements. A safety fence of at least five (5) feet in height as measured from ground level shall completely enclose the pool. All openings or points of entry shall be equipped with self-closing and self-latching gates or doors. All gates or doors shall have a latch which is no less than four (4) feet above the ground level and which shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall be latched when the pool is not in use or is unattended by an adult with demonstrated swimming ability. Any opening between the bottom of the fence and the ground level shall not exceed two (2) inches and fence openings shall not exceed four (4) inches. Safety fences shall be constructed of materials with minimum spaces between the materials so as to inhibit the climbing thereof by any person.
(B) Temporary fence. No person shall introduce or cause to be introduced any water to a depth of more than twenty four (24) inches into the shallowest portion of any swimming pool newly constructed or being constructed until such time as the Building Official authorizes the filling of such pool with water. Such authorization shall be withheld until, as a minimum, the permitee has caused such pool to be completely enclosed by a swimming pool construction fence. Said construction fence shall:
(1) Be of snow fence like or similar design and be securely anchored in place;
(2) Be constructed with its base flush to the ground;
(3) Be at least four (4) feet in height and have supportive posts placed no more than eight (8) feet apart; and
(4) Remain in place until a permanent fence completely enclosing the swimming pool is installed. The permanent fence must be installed within thirty (30) days of pool completion.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
(A) All back-flushing water or pool drainage water shall be directed onto the property of the owner or onto approved drainage ways. Drainage onto public or private streets or other public or private drainage ways shall require a permit from the Utilities Superintendent.
(B) Any outdoor lighting of the pool shall not be permitted to spill or shine upon adjacent properties.
(C) All electrical installations shall comply with the State Electrical Code.
(Ord. 395, passed 7-6-2010) Penalty, see § 150.999
SOLAR ENERGY SYSTEMS
The city finds that it is in the public interest to encourage the use and development of renewable energy systems, including solar energy systems, that have a positive impact on energy conservation with limited adverse impact on nearby properties. As such, the city supports the use of solar collection systems and it is the intent of the city to create standards for the reasonable capture and use, by households, businesses and property owners, of their solar energy resource and encourage the development and use of solar energy.
(Ord. 457, passed 10-16-2018)
For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, replacing or substituting for an architectural or structural component of the building. BUILDING INTEGRATED SYSTEMS include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within or substitute for roofing materials, windows, skylights, awnings and shade devices.
GROUND MOUNTED SOLAR ENERGY SYSTEM. A freestanding solar system mounted directly to the ground using stabilizers rather than being mounted on a building.
PASSIVE SOLAR ENERGY SYSTEM. A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
PHOTOVOLTAIC SYSTEM. An active solar energy system that concerts solar energy directly into electricity.
ROOF OR BUILDING MOUNTED SOLAR ENERGY SYSTEM. Solar energy system (panels) that are mounted to the roof or building using brackets, stands or other apparatus.
SOLAR COLLECTOR. A device, structure or a part of a device or structure for which the primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical or electrical energy.
SOLAR ENERGY. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
SOLAR ENERGY SYSTEM. A device, array of devices, or structural design feature that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, thermal or chemical means.
(Ord. 457, passed 10-16-2018)
(A) Solar energy systems may be allowed as a conditional use in all zoning districts in accordance with the standards in this section.
(B) Solar energy systems shall be considered an accessory use in all districts and shall not be allowed as a principle use in any zoning district.
(C) Exemptions. The following systems shall be exempt from the requirements of this section and shall be regulated as any other building element:
(1) Building integrated solar energy systems.
(2) Passive solar energy systems.
(Ord. 457, passed 10-16-2018)
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