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Public utility uses and distribution equipment for a public utility, if essential in a district, shall be permitted in any zoning district. However, where such public utility uses are proposed to be located across or on unplatted lands, such uses shall be subject to the issuance of conditional use permits in accordance with Section 1262.07.
The regulations herein governing lot size shall not apply to any lot designed or intended for a public utility and public service use when the area involved is deemed appropriate for such use by the Planning Commission.
(Ord. 89-210. Passed 2-6-90.)
(a) Tractors, trailers and other equipment and supplies may be permitted on a residential lot, provided they are stored in an enclosed structure. No occupancy for human habitation shall be maintained or business conducted therein while the same is so parked or stored. The wheels or any similar transporting device shall not be removed, nor shall any such vehicle be temporarily or permanently fixed to the ground.
(b) Motor vehicles may be stored outside an enclosed structure if they are not abandoned. Nevertheless, no person shall have an abandoned motor vehicle standing or parked on private property for seven days or more unless such vehicle is stored in the garage located on the owner's, lessee's or agent's premises.
It shall be prima-facie evidence of abandonment if any of the following circumstances exist:
(1) The vehicle fails to display current lawfully required license plates and/or license tags.
(2) The vehicle has been damaged, wrecked or disassembled so as to be inoperable.
(Ord. 89-210. Passed 2-6-90.)
(a) As used in this Zoning Code, camping and recreational equipment is defined as follows: A vehicular-type structure primarily designed as temporary living quarters for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered. Allowing for engineering variations, the basic entities are: travel trailer; camping trailer; boats and boat trailers; motor homes; and truck campers.
(b) Camping and recreational equipment may be parked or stored on private residential property subject to the following conditions:
(1) At no time shall such parked or stored camping and recreational equipment be used for business or housekeeping purposes, nor shall the wheels or any similar transporting device be removed, nor shall it be permanently fixed to the ground.
(2) At no time shall permanent plumbing or electrical facilities be installed.
(3) If the camping and recreational equipment is parked or stored in the open it shall be parked or stored only in the rear yard of the property if there is usable room for such and if such an area can be reached without damage to buildings, terrain, trees or any permanent obstacle that is in the way. If front or side yard parking or storing is necessitated due to obstacles presented, camping and recreational equipment shall be permitted to be parked or stored for a period not to exceed five days within a 30 day period. Any front or side yard parking or storage exceeding five days shall require a permit to be obtained from the Building Commissioner upon such terms and conditions as established by the Building Commissioner. Park or Parking shall be defined as the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of merchandise or passengers for the purpose of convenient departure from or return to the vehicle in connection with a planned trip, outing or vacation. Storage shall be defined as the standing of a vehicle for the purpose of preserving, protecting and securing the camping and recreational equipment. Such vehicle, when stored or parked, must be five feet away from the side lot line.
(4) All recreational equipment must be kept in good repair and carry a current year's license and/or registration.
(Ord. 89-210. Passed 2-6-90; Ord. 11-71. Passed 6-21-11.)
Soil, sand or gravel shall not be stripped or removed in a Residential District, except excess soil, sand or gravel resulting from excavations or grading operations in connection with the construction or alteration of a building for which a permit has been issued.
No building or structure shall be erected within any area described by the Engineer as a drainage course. For the purpose of this Zoning Code, a drainage course includes any area such as drainageways, channels, streams and creeks, designated as such on geodetic or City topographic maps, and further includes any area designed or intended for use for drainage purposes as shown on a recorded subdivision.
No filling of land or excavation of land shall be permitted within a drainage course, or on any lands within 100 feet, or more than 100 feet when so designated on the Zoning Map, of the centerline of such drainage course, except upon issuance of a certificate by the Engineer that such filling will not obstruct the flow of water or otherwise reduce the water-carrying capacity of such drainage course, or affect the design and character of such drainage course.
(Ord. 89-210. Passed 2-6-90.)
(a) Permitted Buildings and Uses. Temporary structures may be permitted in any Residential District if such structures are deemed necessary for construction operations relative to the dwellings and accessory buildings of the area, for which operations a building permit has been issued, provided that:
(1) Such structures shall be limited to offices, yards and buildings for the storage of lumber, equipment and other building materials, and workshops for prefabricating building components.
(2) The operations and activities carried on within such structures shall not adversely affect the use of nearby dwellings by reason of noise, smoke, dust, odor, fumes, vibration, electrical disturbance or glare to a greater extent than normal in a Residential District that is being developed.
(3) The hours of operation shall be restricted to the hours between 8:00 a.m. and 6:00 p.m., excluding Sundays, and the concentration of vehicles attracted to the premises in connection with such use shall not be more hazardous than normal traffic in a Residential District that is being developed.
(4) All temporary structures shall be located at least 100 feet from the nearest occupied residential dwelling.
(5) All structures and yard storage areas are enclosed by an opaque fence.
(6) A conditional use permit for such temporary structures has been applied for and approved, along with special conditions that may be required in accordance with Section 1262.07.
(b) Removal of Structures. All temporary structures shall be removed within thirty days after the completion of work on the premises for which a permit has been issued or if construction is not pursued diligently.
(Ord. 89-210. Passed 2-6-90.)
(a) For purposes of this Zoning Code, swimming pools shall be defined and classified as follows:
(1) "Swimming pool" means an open tank or other structure not located within a completely enclosed building and designed so as to contain at least three feet in depth of water at any point, including the lounging and spectator areas and any accessory buildings or structures or equipment.
(2) "Private swimming pool" means a pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.
(3) "Club swimming pool" means a pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.
(4) "Commercial swimming pool" means a pool operated for a profit and open to the public upon payment of a fee.
(Ord. 89-210. Passed 2-6-90.)
(b) Swimming pools may be permitted and located in accordance with the following:
(1) Private pools may be located in a Residential District as an accessory use to a dwelling. The pool and any accessory buildings or structures or equipment shall not be located in a front or side yard and shall be not less than fifteen feet from any lot line.
A. Any pool more than ten feet across in horizontal measurement and/or more than thirty-six inches deep shall not be considered portable and must comply with fencing requirements as set forth in paragraph B. below.
B. All fences enclosing swimming pools shall be in accordance with Chapter 1467 and Section 1482.06.
C. All fences, whether immediately around the pool or the entire yard, whether new or existing, shall be a minimum of four feet high to a six feet maximum height and shall have an effective means of denying access to the area, such as a locked gate.
D. In the case of an above-the-ground pool, the walls of the pool above ground may be used as the lower portion of the four-foot high fence requirement. The added upper portion must be of sturdy construction and shall comply with the requirements of Section 1482.06(a) of the Codified Ordinances. Some effective means must be provided to deny access to the pool when the pool is not in use or a responsible person is not in attendance. (Example: Ladders must be removed and secured elsewhere; stairs must be raised and locked in the “up” position.)
E. All pools must be at least fifteen feet away from the residence, in the rear yard, and be fifteen feet away from property lines. (A deck attached to a pool must meet the side and rear yard setback requirements of this Zoning Code for that zoning area.)
F. Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots. A compact hedge may also be required by the Planning Commission to insulate the pool from adjoining property.
(Ord. 90-119. Passed 9-4-90; Ord. 02-140. Passed 1-7-03; Ord. 15-11. Passed 1-20-15.)
(2) Club pools may be located in a Residential District if the lot on which they are located is not less than three acres in area and if access to it is provided only from a major arterial or collector street. The pool and any accessory buildings or structures or equipment shall be located not less than seventy-five feet from any adjoining residential lot line. At least one-half of an off-street parking space shall be provided for each member, located not less than twenty-five feet from any adjoining residential lot line and constructed as required in Section 1282.10. The premises or area occupied by the pool shall be fenced, and lighting fixtures designed and located, as set forth under private pools.
(3) Commercial pools may be located in any zoning district except residential, provided that all the regulations of this Zoning Code pertaining to club pools are complied with.
(c) Permits. A swimming pool permit shall be required for each private pool. A conditional use permit shall be required for each club pool in a Residential District and each commercial pool. Conditional use permits shall be renewed each year for commercial pools. A detailed site plan shall be submitted with each application for a permit. Construction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by other ordinances and codes of the City. All permanent pools three feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools three feet in depth and over shall require the approval of the State Board of Health.
(Ord. 89-210. Passed 2-6-90.)
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