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Whenever any building, structure or facility is erected or constructed for public use by or on behalf of the State, County, City or School District, or any institution supported in whole or in part by the State, County, City or School District, the building, structure or facility must include an access ramp or like facility, as approved by the Building Commissioner, to permit the ingress and egress of handicapped persons.
(Ord. 106-71. Passed 7-6-71.)
No building designed for and occupied in whole or in part as a residence, including, but not limited to, single-family houses, dwelling houses, multiple dwellings, lodging houses, apartment houses, hotels and condominiums, shall exceed thirty-five feet in height.
(Initiative. Passed 11-2-71.)
(a) (1) The owner of any property containing less than one-half acre, upon which there is located a swimming pool, fish pond or other similar structure containing water over 18 inches in depth in any portion thereof, shall install such swimming pool, fish pond or other structure in accordance with the following distances from the property lines of the lot on which it is located;
A. On lots with a 40-foot frontage, not less than three feet;
B. On lots with a 50-foot frontage, not less than five feet; and
C. On lots with a 60-foot or more frontage, not less than ten feet.
(2) The owner shall protect such swimming pool, fish pond or other similar structure by completely surrounding it with either shrubbery of sufficient density to prevent ingress and egress, or a fence approved by the Building Commissioner, at least three and one-half feet high. Any gate entrance to a required fence shall be kept locked with a suitable lock at all times when the pool, pond or other similar structure is not protected by the presence of a responsible adult person. Swimming pools aboveground which involve the use of a ladder are required to have such ladder removed or placed in such a position as to be inaccessible to a child during times when such pool is not in use or is not under supervision.
(b) Whenever the wall of any aboveground swimming pool is three and one-half feet or more above the ground level, the fencing requirements set forth in division (a) of this section shall not apply.
(c) The pool, fish pond or other structure defined in this section shall be connected to and serviced by a drain located six inches or more below the top edge of such structure and such drain shall be connected to the storm sewer system.
(d) (1) Nothing contained herein shall apply to pools placed aboveground without ladders, which meet all of the following criteria:
A. They are designed to be manually erected aboveground.
B. They do not exceed six feet in diameter nor one foot in depth.
C. They are designed to permit erection and dismantling on a seasonal basis.
(2) However, no such pool shall be installed, erected or maintained within three feet of any rear lot line or side lot line without the written consent thereto of all real property owners within a radius of ten feet of any portion of such pool.
(e) (1) The owner of any swimming pool, above-ground or in-ground, shall drain the water therein to the nearest sewer line.
(2) A complaint for a violation of this division (e) shall be referred, for investigation, to the Building Commissioner, who may issue a written reprimand and warning to the violator.
(3) All portable pools shall, when not in use, be drained or covered by any material which will be securely fastened in such a manner as to prevent access to the water in said pool. "Not in use" means any absence of a responsible adult from the immediate vicinity of the pool for any period of time.
(f) In specific cases, the Board of Housing Appeals may vary the application of this section in order that the public health, safety, convenience, comfort and general welfare may be safeguarded and substantial justice done for the reasons set forth in Section 351.14(c)(1) to (3).
(g) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 238-08. Passed 10-6-08.)
(a) Accessory, service, storage and appurtenant buildings such as tool sheds or other forms of outbuildings constructed of wood, metal or any other acceptable building material, and dog runs upon lots smaller than 14,400 square feet, shall be permitted in Residential Use Districts pursuant to the following rules and regulations:
(1) No accessory or other similar outbuilding shall be erected without a building permit issued for such purpose.
(2) Only accessory buildings or similar outbuildings sold commercially or constructed with plans approved by the Building Commissioner will be permitted.
(3) Every accessory building or similar outbuilding shall be compatible with the main building and used only for storage of materials or equipment incidental to the residential use of the property.
(4) Such accessory buildings may only be built in the rear yard subject to the approval of the Building Commissioner as to style and size. Such structures shall not project into a front or side yard.
(Ord. 168-75. Passed 3-1-76; Ord. 321-89. Passed 10-16-89.)
(5) The maximum size shall be 120 square feet external dimensions with no wall having a length greater than twelve feet for all lots 7,200 square feet in area or less. The Building Commissioner may permit owners of lots in excess of 7,200 square feet in area to construct an outbuilding whose external dimensions exceed 120 square feet, so long as the excess size of the outbuilding is proportional to the excess area of the lot. The maximum size shall be 240 square feet in exterior dimensions with no wall having a length greater than twenty- four feet. The maximum height of an accessory or outbuilding shall be 12 feet from the grade. Only one accessory or outbuilding shall be constructed per single-family, two-family or three-family dwelling.
(Ord. 51-89. Passed 3-6-89.)
(6) Every accessory building, except wood storage sheds with wooden floors, shall have a foundation consisting of a four-inch concrete base with a four-inch high curb to which such structure shall be anchored.
(Ord. 200-87. Passed 10-19-87.)
(7) When the rear property line of a corner parcel of land abuts the side property line of the adjoining parcel fronting on the side street, the accessory building or similar outbuilding set on the corner parcel shall be set back from the side line of the side street not less than the setback line for such side street.
(8) The owner of a house with an attached garage, detached garage or no garage must place the accessory building or similar outbuilding at least two feet from the rear lot line and at least two feet from the abutting line.
(Ord. 125-77. Passed 6-8-77; Ord. 149-77. Passed 7-5-77.)
(9) All accessory buildings or similar outbuildings shall be located only on a lot that contains a habitable dwelling.
(Ord. 168-75. Passed 3-1-76.)
(10) All accessory buildings or similar outbuildings shall be located a minimum of three feet from the centerline of any existing or required drainage swale.
(Ord. 200-87. Passed 10-19-87.)
(11) All dog runs or kennels shall be located a minimum of ten feet from the nearest lot line.
(Ord. 391-89. Passed 11-8-89.)
(b) All accessory or similar outbuildings shall be maintained in good repair and free from health, accident and fire hazards or shall be removed from the premises.
(c) Where foundations of any accessory or similar outbuilding have deteriorated or settled to the point where wall plates or studs are rotting or in disrepair, such foundations shall be anchored in accordance with this section. If such structure is not repaired within thirty days after notice by the Building Commissioner to repair, in accordance with this section, such structure shall be completely removed. The Commissioner shall determine what repairs are necessary after such structure has been inspected by the Commissioner or a member of his staff.
(d) The fee for a permit to construct, add to, alter or repair an accessory building is set forth in the General Fee Schedule of Chapter 185. No grade permit is required.
(Ord. 168-75. Passed 3-1-76; Ord. 125-03. Passed 4-5-04; Ord. 205-06. Passed 8-7-06.)
(a) Access and Egress. Every dwelling unit shall be provided with direct and approved means of access and egress to the outside of the dwelling structure without passing through any part of any other dwelling unit. In multiple dwellings, any door which is used in connection with such means of access and egress shall be provided with a lock which can be opened from the inside without the use of a key.
(b) Doors.
(1) All outside entranceways into any residential dwelling house shall have solid core (or approved equivalent) doors of standard dimensions and at least one and three-quarters inches thick.
(2) Doors may have removable designs such as panels, embossed attachments or designs affixed to their surfaces, but such designs may not be an integral part of the door. Panel doors of multiconstruction are expressly restricted.
(3) Dutch or horizontally divided doors shall meet the standards of paragraph (b)(l) hereof in addition to such security devices as are set forth under "locking devices" in subsection (d) hereof.
(4) Sliding glass doors must be constructed of metals which resist bending, twisting or cutting. Glass portions must be of high impact or tempered glass of single or double construction.
(5) French doors commonly constructed of multiglass panels within a wooden frame shall have a one and three-quarter inch thick frame surrounding a single, high impact glass panel. The "french door" effect may be added by affixing a grill work on the inside or outside of the glass portion.
(c) Doorjambs.
(1) All jambs for side mounted swing doors leading into a dwelling house shall be of metal construction with members extending from either side and the top for bolting to the nearest stud. Such jambs shall be filled with insulation materials. All jambs shall have a mortised strike plate to receive a dead latch and dead bolt. All jambs that are to contain a double door shall also have a mortised strike plate to receive a dead bolt at some point over and under the lesser used or stationary door that receives the swinging or primary door.
(2) Jambs and tracks for sliding doors shall have integrated within them at the top or base a removable pin to prevent the sliding door from being opened from without when the pin is set. The top track shall have a removable shim which will allow sliding of the door but prevent lifting and removal of the door from outside. Such shim can be removed only when the door is fully open.
(d) Locking Devices.
(1) All outside side mounted swing doors shall have two mortised locking devices, one of which may be the traditional spring loaded dead latch. The second locking device shall be a dead bolt which does not have a spring action. This bolt shall be actuated by a key from the outside and a knob or thumb turn from within. If the door has an integrated glass area, the dead bolt shall have a double cylinder actuation and must be opened or closed by a key from either side.
(2) Dutch or horizontally segmented doors shall have a strike plate mortised in the lower door and a dead bolt mortised in the upper door enabling the two segments to be securely locked one to another.
(3) Sliding glass doors shall be equipped with two locks one of which may be the standard drop lock on the closing edge. The second locking device shall be a dead bolt lock situated at the top or base of the door such that when it is locked it shall firmly secure the door even if the drop lock device is invaded.
(4) All entryway doors into rental units shall be equipped with at least two mortised locking devices, one of which shall be a dead bolt lock with a throw of at least one inch in length. All such doors shall be readily openable from inside the dwelling without requiring the use of a key.
(e) Viewing Devices.
(1) All doors without glass areas shall have integrated within them at some point near eye level a viewing device set within the door that will allow a 175 degree view of anyone or anything immediately outside of such door.
(2) Any glass area in the door designed to allow viewing through the door shall be of high impact or tempered glass of single or double pane.
(f) Security Lighting. All outside entryways in any residential dwelling house (except the residence door leading into the dwelling from an attached garage) are to be equipped with at least one outside lighting fixture attached to the dwelling place and having one or more bulbs of at least 100 watts that can be controlled from within the structure. This lighting is in addition to any auxiliary lighting that may be on the perimeter of such dwelling place such as mantel gas lighting or electric lighting poles. Any flood lighting on the dwelling from the front or rear shall also be considered additional lighting for this standard and shall not be utilized as primary.
(Ord. 30-78. Passed 3-6-78; Ord. 63-79. Passed 5-21-79; Ord. 145-13. Passed 7-1-13.)
(a) Wind energy conversion systems, including wind chargers, wind turbines and windmills, of wood, metal or any other building material acceptable to the Building Commissioner, shall be permitted within the City subject to the following rules and conditions:
(1) No wind energy conversion system shall be erected without a building permit issued for such purposes.
(2) Only wind energy conversion systems sold commercially or constructed with plans that have first been approved by the Building Commissioner will be permitted.
(3) Wind energy conversion systems may only be built in the rear yard, and shall be subject to the approval of the City Planning Commission as to location, style and size. Such structures shall have a minimum setback of one and one half times the maximum height of any portion of the structure, including moving parts, from all lot lines.
(4) Every wind energy conversion system shall have a foundation consisting of a concrete base to which such structure shall be anchored. Such structure, anchorage and concrete base shall be designed to withstand winds up to eighty-five miles per hour in a manner conforming with good engineering practice.
(5) Wind energy conversion systems are limited to not more than fifty feet high from the grade level to the maximum height of any portion of the structure or a moving part. The minimum distance from grade level to the bottom swing of the blade or other moving part shall be ten feet unless such moving part is permanently and completely protected by a guard mechanism within ten feet of grade level which has been approved by the Building Commissioner. The minimum distance between a wind energy conversion system, including any moving part, and any adjacent building, shall be ten feet. In any event, no moving portion of the structure shall project within fifteen feet of any side or rear lot line.
(6) No permit shall be issued for the erection of a wind energy conversion system until the Building Commissioner has approved safety test results from the manufacturer or a qualified testing agency for the proposed model, including blade breakage and trajectory, ice buildup and overspeed control. In no case shall the overspeed control wind speed exceed fifty miles per hour.
(7) Every wind energy conversion system, including towers, poles and guy wires, shall be completely surrounded with a fence at least five feet high, approved by the Building Commissioner.
(8) All electrical materials and installations for wind energy conversion systems shall conform to the standards set forth in the National Electrical Code as adopted in Section 1533.01. Each wind energy conversion system shall be equipped with an approved grounded lightning arrester and a remote electrical shut-off device. Transmission lines and conduit shall be installed underground.
(9) Every wind energy conversion system connection to a utility system shall meet the connection requirements developed by the electric utility. No system with a generating capacity exceeding 100 kilowatts shall be installed in a residential district.
(10) The City Planning Commission may require easements or similar documentation from adjacent property owners providing unhindered access to the wind, depending on site location, before granting approval of a proposed wind energy conversion system.
(11) It shall be the responsibility of the owner of each wind energy conversion system to make regular inspections and perform maintenance and repair procedures in accordance with the manufacturer's instructions.
(12) All wind energy conversion systems shall be located on a lot that contains a building with a valid current certificate of occupancy.
(13) The City may require documentation of approvals by the Federal Aviation Administration and the Federal Communications Commission for the proposed installation.
(b) Every wind energy conversion system shall be maintained in good repair and free from health, accident and fire hazards, or shall be removed from the premises within ten days of the time the hazard occurs. A wind energy conversion system shall be removed from the premises if abandoned or not in continuous use for a period of ninety days.
(c) It shall be the owner's responsibility to secure and maintain adequate insurance coverage for each wind energy conversion system installed on the owner's property.
(d) The fee for a permit to construct a wind energy conversion system is seventy-five dollars ($75.00). The fee for a permit to add to or alter a wind energy conversion system is twenty-five dollars ($25.00). No grade permit is required.
(Ord. 188-82. Passed 12-20-82.)
Outdoor condensers are not permitted on single-family or two-family zoned parcels between the front setback line and the right-of-way line, nor within the side yard of any lot, fifty feet or less, nor within fifteen feet of another residence. Outdoor condensers must be located to the rear of the house. A resident putting in air conditioner condensers must get the adjacent resident's signature to sign off. If the resident putting in air conditioner condensers cannot get the neighbor to sign off, he or she has the right to go to the Building Board of Appeals for a variance.
(Ord. 93-90 . Passed 4-16-90; Ord. 123-01. Passed 5-21-01.)
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