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§ 150.069 LIGHTING REQUIREMENTS.
   Lighting used in connection with swimming pools must be adjusted in a manner as not to interfere with the reasonable use of adjacent property.
(Prior Code, § 150.054) Penalty, see § 150.999
§ 150.070 NOISE.
   Unreasonably loud noise in connection with the operation or use of a pool is prohibited.
(Prior Code, § 150.055) Penalty, see § 150.999
§ 150.071 INSPECTIONS.
   The County Health Inspector or City Manager or designee is authorized to conduct any inspections necessary to ensure compliance with all provisions of this subchapter and has the right of entry at any reasonable hour to the swimming pool for this purpose.
(Prior Code, § 150.056)
§ 150.072 EXISTING SWIMMING POOLS.
   No swimming pool, hot tub, or spa or any other structure erected in conjunction with a pool existing as of June 3, 1982, will be required to be moved so as to comply with the location requirements of § 150.067. All other requirements contained in this subchapter are applicable to existing swimming pools, and structures erected in conjunction with the pools.
(Prior Code, § 150.057)
§ 150.073 DISCHARGE OF POOL WATER.
   No person shall discharge or cause to be discharged into the municipal storm drain system any pool, hot tub, or spa water unless dechlorinated to less than one ppm of chlorine.
(Prior Code, § 150.058) Penalty, see § 150.999
FENCES
§ 150.085 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   FENCE. A partition, structure, wall, or gate erected as a dividing marker, barrier, enclosure, or visual obstruction, but excluding buildings and bushes, hedges, trees, and other living landscaping.
   LOT. An area of land intended for occupancy or use as permitted in the Zoning Code, and otherwise meeting the requirements of the Zoning Code.
   LOT LINE. The boundary line of a lot, except that where any portion of a lot extends into the public right-of-way, line will be treated as the LOT LINE.
   LOT LINE, FRONT. The boundary of a lot which abuts a public or private street, and in the case of a corner lot, it is the boundary to the front of the building’s principal entrance.
   LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE will be deemed to be a line ten feet within the lot, parallel to and at the maximum distance from the front lot line, for the purposes of determining setbacks.
   LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
   YARD. The portion of a lot between a lot line, and a building on the lot.
   YARD, EXTERIOR SIDE. A side yard which abuts a street or public right-of-way along the side lot line.
   YARD, FRONT. The area extending along the full width of the lot between side lot lines from the street right-of-way line to the principal building on the lot.
   YARD, INTERIOR SIDE. A side yard which abuts an adjacent side yard or backyard along the side lot line.
   YARD, REAR. The area extending along the full width of the lot between the side lot lines from the rear lot line to the principal building on the lot.
   YARD, SIDE. The area extending along the full depth of the lot between the front and rear lot lines form the side lot line to the principal building on the lot.
(Prior Code, § 150.070)
§ 150.086 ZONING PERMITS REQUIRED.
   A zoning permit is required for the construction or alteration of a fence, and for any additions to a fence. The permit must be obtained in the name of the owner of the property on which the fence is or will be located. Applications must be made on forms provided by the city. Permit fees must be paid in accordance with § 33.060.
(Prior Code, § 150.071) (Ord. 2022-07, passed 10-11-2022)
§ 150.087 REQUIREMENTS.
   (A)   Location. Any fence constructed or altered after June 3, 1982, must be located entirely upon the private property of the owner to whom the building permit was issued. Ownership of the fence passes with ownership of the property. The fence must be setback a distance from the owner’s property line sufficient to avoid encroachment onto adjoining private or public property or a public right-of-way. The applicant represents that the fence will be entirely on the property of the fence applicant. At its sole discretion, the city may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes on the property line.
   (B)   Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. Required fence height shall be measured and applied only at each post, and no section of fence between posts shall exceed the height of the higher of the two posts between which such fence is constructed.
   (C)   Fence uses.
      (1)   Residential uses.
         (a)   Front yards. No fence, fence post, or post cap shall be over four feet, four inches in height within a required front yard setback.
         (b)   Side yards. No fence, fence post, or post cap shall be over six feet, six inches in height. A fence up to six feet, six inches in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building.
         (c)   Rear yards. No fence, fence post, or post cap, shall be over six feet, six inches in height.
         (d)   Exemption. Through the approval of a conditional use permit (CUP), fence heights as listed in divisions (C)(1)(a) through (C)(1)(c) above may be increased for the following types of fencing.
            1.   Sport court fencing. Chain link fencing surrounding the sport court may extend up to ten feet in height above the sport court surface elevation, and shall be located in the rear yard only.
            2.   School parking lot/recreational fencing. Chain link fencing surrounding the parking lot and/or associated with recreational space on a school property within a residentially zoned property shall not be bound by the restrictions of this section.
      (2)   Commercial/industrial uses.
         (a)   Front yards. No fence shall be over seven feet in height within a required front yard setback.
         (b)   Side yards. No fence shall be over seven feet in height.
         (c)   Rear yards. No fence shall be over six feet, six inches in height.
         (d)   Exemption. Through the approval of a conditional use permit (CUP), fence heights as listed in divisions (C)(2)(a) through (C)(2)(c) above may be increased for the following types of fencing.
            1.   Sport court fencing. Chain link fencing surrounding the sport court may extend up to ten feet in height above the sport court surface elevation, and shall be located in the rear yard only.
            2.   Loading docks. The height of screening (fencing) for loading docks within view from a public street or adjacent residential or public property shall not be less than ten feet in height, and shall have a minimum opacity of 90%, unless otherwise approved by the City Council through the site plan review process. Fencing/screening materials used for screening of loading docks shall be comprised of a wall or fence that is harmonious with the primary structure.
            3.   Trash containers. Trash dumpsters and other trash containers shall be screened on all four sides, using an enclosure that is a minimum of one foot above the top of the container. The trash enclosure shall be constructed of materials that are harmonious with those of the principal structure, and shall have a minimum opacity of 90%. A gate or door of the trash enclosure shall be closed at all times except as needed to access the trash container.
   (D)   Traffic view.
      (1)   Vision triangle at streets. No fence shall be placed in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersection of two streets, such that a clear line of vision is possible of the intersecting street from a distance of 25 feet along the edge of each street, and the third side being a line connecting the other sides, unless otherwise required or approved by the Zoning Administrator or other authorized agent. All distances from county, state, and U.S. highways shall be approved by the applicable permitting authority as needed.
      (2)   Vision triangle at alleys and driveways. No fence shall be placed in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersection of a street and alley or driveway, such that a clear line of vision is possible of the intersecting street from a distance of 15 feet along the edge of the street and along the alley or driveway, and a third line connecting the other sides, unless otherwise required or approved by the Zoning Administrator or other authorized agent. All distances from county, state, and U.S. highways shall be approved by the applicable permitting authority as needed.
   (E)   Swimming pool fencing. Fences or walls intended to serve as a swimming pool barrier shall comply with the provisions as outlined in § 150.053.
(Prior Code, § 150.072) (Ord. 2022-07, passed 10-11-2022) Penalty, see § 150.999
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