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A permit is not required prior to excavation in the event of any emergency in which a main, conduit, or utility facility in or under any street breaks, bursts, or otherwise is in the condition as to immediately endanger the property, life, health, and safety of individuals. However, the persons owning or controlling the facility shall thereafter apply for an excavation permit, and shall not proceed with permanent repairs without first obtaining an excavation permit.
(Prior Code, § 150.033) Penalty, see § 150.999
Work shall progress in an expeditious manner until completion. If work is not performed in accordance with the permit or this subchapter, or stops or is abandoned without due cause, the city may correct the work or fill the excavations and repair the street. The city may not take this action until after six-hour notice in writing to the holder of the permit of intent to do so. The entire cost to the city of the work will be a liability of and will be paid by the person to whom the permit was issued or the permittee’s surety.
(Prior Code, § 150.034)
The permittee will indemnify, keep, and hold the city, the City Council, and city employees free and harmless from liability on account of injury or damage to persons or property arising or growing out of the permittee’s negligence in making any street excavation. In the event that a claim is made against the city, the permittee, upon notice to it by the city, will defend the city at the cost of the permittee. If a final judgment is obtained against the city, either independently or jointly with the permittee, the permittee will pay the entire judgment with all costs and hold the city harmless of any costs or damages incurred.
(Prior Code, § 150.035)
The provisions of this subchapter requiring payment of a permit fee and evidence of public liability and property damage insurance do not apply to any excavation work carried on by the city or its employees, and utilities operating gas, electric, or telephone facilities within the city.
(Prior Code, § 150.036)
SWIMMING POOLS
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SWIMMING POOLS. Any structure, bathing chamber, or tank including but not limited to above and below ground swimming pools, hot tubs, or spas, used for swimming or bathing, over 24 inches in depth, or with a surface area of more than 150 square feet, that is constructed above or below ground. (Prior Code, § 150.050) (Ord. 2022-03, passed 5-24-2022)
(A) Types of permits. One of the following swimming pool-related permits may be required.
(1) A swimming pool permit shall be required for the construction of or the alteration, remodeling, or addition of any improvement to a below grade swimming pool.
(2) A building permit shall be required for any pump house, filter house, or any structure erected in conjunction with a swimming pool.
(3) A mechanical permit shall be required for installation of a heater for any pools, hot tubs, or spas.
(4) An electrical permit shall be required for all direct/hard-wired pools, hot tubs, spas, or any other electrical components.
(5) A zoning permit shall be required for all above grade pools including but not limited to hot tubs, and spas.
(6) A zoning permit shall be required for all fences constructed, per the defined safety requirements in § 150.086.
(B) Permit applications.
(1) Application forms. An applicant for permits shall make application on forms provided by the city and shall provide the City Building Official or designee with a complete set of plans and specifications of the proposed project, together with the explanatory data relative to the design, operation, and maintenance of the swimming pool insofar as health and safety features are concerned, as required by this subchapter or as requested by the City Building Official or designee.
(2) Submission requirements.
(a) A complete application form and fee, the amount of which is established by city ordinance;
(b) Two sets of dimensioned site plans (drawn to scale) which include the following information;
(c) Property lines including property corners;
(d) The house, garage, driveway, and other permanent structures and distance of each to the property lines;
(e) The location of all above and below utilities on the site including gas, electric, sewer, water, phone, and the like. Homeowners shall be responsible for contacting utility companies in regard to impacted utilities;
(f) Required setbacks from property lines;
(g) The proposed location of pool, hot tub, or spa, including length, depth, and width of the pool, hot tub, or spa, and any decking and showing distance of the pool, hot tub, or spa to the property lines;
(h) Detailed drawings of fence design, gate design, and latching mechanisms;
(i) A copy of all pool, hot tub, or spa manufacturer build requirements, specifications, and recommended maintenance procedures;
(j) Source and location of the water supply; and
(k) Methods to be used in securing the site during the entire term of the permit, from beginning of excavation through completion. Such methods may include both temporary and permanent security installations.
(C) Permit approvals. No permit shall be issued unless it meets the requirements of this subchapter. No permit may be issued until the City Building Official or designee or other responsible city staff is satisfied that the proposed swimming pool, hot tub, or spa will not be a health hazard and is to be constructed in such a way that its future use will not endanger the health, lives, or safety of any persons coming in contact with the swimming pool. All swimming pools, hot tubs, spas, apparatus(es), water supply and drainage systems, and other features shall be constructed in conformity with the approved plans. If any deviations from the plans are desired, a supplementary plan covering that portion of the work involved shall be filed for approval and shall conform to the provisions of this subchapter.
(Prior Code, § 150.051) (Ord. 2022-03, passed 5-24-2022)
(A) Prohibited area. No part of a swimming pool, hot tub, or spa shall be located closer than ten feet, as measured from the ground surface to any overhead or underground utility line of any type. For the purpose of determining the area in which no part of a swimming pool, hot tub, or spa can be constructed, the centerline of any overhead or underground utility line will be projected to the ground surface and the ten-foot prohibited area will be measured parallel and on both sides of the projected centerline.
(B) Prohibited within easements. No part of a swimming pool, hot tub, or spa shall be located within any private or public utility, drainage, or other easement.
(C) Setback requirements.
(1) R-1 and R-2 Districts. No part of a swimming pool, hot tub, or spa shall be located within ten feet of any side or rear lot line; nor within ten feet of any principal structure or frost footing. No swimming pool, hot tub, or spa may be located in the front yard of any property. The filter unit, pump, heating unit, and any other mechanical equipment shall be located not less than 25 feet from any adjacent or nearby neighboring residential structure dwelling and not closer than ten feet to any lot line.
(2) R-1A Districts. Swimming pools, hot tubs, or spas located in R-1A Districts shall comply with the setback requirements of Chapter 154.
(3) R-3 and R-4 Districts. No part of a swimming pool, hot tub, or spa shall be located within 50 feet of any side or rear lot line; nor within ten feet of any principal structure or frost footing. No swimming pool, hot tub, or spa shall be located in the front yard (as defined in Chapter 154) of any multiple dwelling. The filter unit, pump, heating unit, and any other mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than 40 feet to any lot line.
(Prior Code, § 150.052) (Ord. 2022-03, passed 5-24-2022) Penalty, see § 150.999
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