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(A) Definition. As defined in this section a
POND is any outdoor excavation capable of containing in excess of 2 feet of water at its deepest point and is less than 20,000 square feet (approximately ½ acre), is subject to the requirements in the zoning code § 150.35 on swimming pools. The construction of a pond as defined above shall meet all the requirements of the zoning code, including but not limited to front, side and rear setback requirements, fencing and drainage.
(B) To construct a pond as defined above in the city, an application for a permit must be submitted to the Safety-Service Director prior to any excavation.
(C) The minimum size of a pond within the city shall be 1½ acres.
(D) A fence as defined in § 150.36 of the code is required to surround a pond.
(E) Any property containing a pond as defined by this section annexed to the city after the effective date of this section shall comply with the fencing requirement in division (D) above.
(F) All ponds in existence prior to the effective date of this section shall not be subject to these regulations.
(Ord. 03-02-011, passed 4-14-2003)
(A) Private swimming pools. Swimming pools shall conform to the requirements of this division.
(1) Short title. This section shall be known as the family swimming pool section of the city.
(2) Definition. POOL, as used in this section, shall be any constructed pool or portable private pool, used for swimming, washing, or bathing, over 24 inches in depth of water or with a ton water surface area exceeding 250 square feet and which is used or intended to be used as a pool in connection with a family dwelling unit and is available only to the family of the householder and his private guests.
(3) Location. No pool shall be constructed or installed unless it complies with all the requirements as applied to all accessory uses, as set forth in the Zoning Ordinance of the city.
(4) Application for permit.
(a) No person shall construct or install a pool without having first applied for and secured all necessary permits therefor from the Superintendent of Public Service on such forms as may be prescribed by them. Such application shall be accompanied by plans and specifications in duplicate and in sufficient detail showing the following:
1. Pool dimensions, depths, volume in gallons and the distance of the pool from all lot lines, pool fencing, existing and proposed structures including septic tanks and their fields, if any.
2. Pool construction, including details of materials to be used, water supply, type and size of filter system, pump details and capacity, drainage, waste disposal facilities and pool piping layout.
3. Written approval of the Superintendent of Public Service with regard to sewer and water taps.
4. Pool fencing, lighting layout and estimated cost.
(b) The Superintendent of Public Service, after finding that the application, plans and specifications comply with the provisions hereof and all other requirements of the Municipal Code, shall issue the necessary permits for the construction or installation of such pool.
(5) Fencing.
(a) Every pool shall be completely surrounded by a fence or wall not less than 4 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in any dimension, except for doors and gates; and if a picket, board or other like fence is erected or maintained, the distance between members thereof shall not exceed 4 inches. A dwelling-house or accessory building may be used as part of such enclosure.
(b) All gates or doors opening through such enclosure shall be equipped with a self-closing and self latching device for keeping the gate or door securely closed and locked at all times when not in actual use, except that door of any dwelling which forms a part of the enclosure need not be so equipped.
(c) As an exception to the fencing requirement for residential swimming pools, an automatic swimming pool cover shall be permitted as follows: A safety pool cover which shall:
1. Provide a continuous connection between the cover and the deck, so as to prohibit access to the pool when the cover is completely drawn over the pool;
2. Be mechanically operated by a key or key and switch such that the cover cannot be drawn open or retracted without the use of a key;
3. Be capable of supporting a 400-pound imposed load upon a completely drawn cover;
4. Is installed with track, rollers, rails, guides or other accessories necessary to accomplish divisions 1. through 3. in accordance with the manufacturer’s instructions; and;
5. Bear an identification tag indicting the name of the manufacturer, name of the installer, installation date and applicable safety standards, if any.
(6) Safety.
(a) A pool having water depth of 5 feet or more shall have at least 1 fully grounded, Underwriters' Laboratories, Inc., approved underwater light, located in the deepest end of the pool. Said light shall be illuminated after sundown when the pool is in actual use.
(7) Construction and maintenance.
(a) Every pool shall be constructed of materials sufficient to insure against collapse thereof and leakage of water therefrom.
(b) Filter pumps and other mechanical devices used in connection with any pool shall be located at least 10 feet away from adjoining premises and be so constructed as not to interfere with the comfort, repose, health, peace or safety of the occupants of adjoining premises.
(c) Exterior lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from adjoining premises or a public street.
(d) All pool facilities shall be kept clean and in a sanitary condition.
(8) Water supply. Cross connection between the piping system of a private swimming pool and a portable water system is prohibited. If water for any pool is supplied from a portable water system, the inlet or fill pipe shall be located at least 6 inches above the overflow level of such pool.
(9) Drainage.
(a) Where the pool is not provided with adequate syphon or pumpage drainage facilities, it shall be provided with at least 1 metal grated outlet situated at the lowest level or deepest end for drainage of pool water and for backwash water disposal. The drain pipe shall be equipped with a valve located outside the walls of the pool. Sand pipe and/or syphon or pumpage facilities shall be connected to a storm sewer when said storm sewer is located in any easement, alley or street adjacent to the lot upon which the pool is located. In the event no storm sewer in available said connection shall be made with a sanitary sewer. However, in any event, all connections with either the storm sewer or the sanitary sewer shall be made only with the approval of the Superintendent of Public Service. Upon inspection of the premises, the Superintendent of Public Service may require the discharge of pool water into a dry well or series of dry wells or other dispersion point, provided that such water does not overflow onto any adjoining property.
(b) Pool water discharged into a brook or stream must comply with the disinfection and bacteriological regulations issued by the Health Officer of the city.
(10) Portable pools. All portable pools of less than 24 inches in depth of water or less than 250 square feet of top water surface area, shall be exempt from the requirements of this section; provided, however, that a responsible person shall be in attendance when the pool is in use; at all other times the pool shall be empty of water, or adequately protected to prevent accidental entry.
(11) Enforcement. It shall be the duty of the Superintendent of Public Service and Health Officials to enforce the provisions of this section. They may enter premises for the purpose of determining compliance therewith.
(12) Penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be punished by a fine not exceeding $10 on a first offense and $20 on each succeeding offense plus court costs.
(B) Community or club swimming pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements.
(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which located.
(3) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by any person from the street or adjacent properties. The said fence or wall shall not be less than 6 feet in height and maintained in good condition.
(1981 Code, § 150.35) (Res. 4038-62, passed 8-13-1962; Am. Ord. 6570-93, passed 12-13-1993; Am. Ord. 02-05-038, passed 5-13-2002)
(A) Fence requirements. A fence shall be defined as an accessory structure which is a barrier and is used as a boundary, screen, separation, means of privacy, protection, or confinement, and is constructed of wood, plastic (PVC), metal, masonry, or other similar material.
(B) Height limitations.
(1) Residential. No fence or wall may be erected, placed or maintained on any zoned residential lot to a height exceeding 8 feet above the ground level, except that no such fence or wall, which is located in a required front or comer side yard shall exceed a height of 3 feet.
(2) Non-residential. No fence or wall shall be erected, placed or maintained on any non-residential zoned property to a height exceeding 8 feet.
(3) Wire fence. The minimum gauge of wire for a wire mesh fence shall be not less than 11 gauge with a maximum of 3 inch by 3 inch opening. No chicken wire, hog wire, or barbwire fences shall be permitted on any residential zoned lot.
(4) Fence location.
(a) No fence or other structure, nor any plant material, shall be so placed as to obstruct the clear visibility of any intersection.
(b) A side yard adjacent to the public right-of-way shall be considered a corner side yard and shall be regulated as a front yard with a maximum fence height of 3 feet, unless otherwise approved by the Engineering Department.
(5) Prior approval by Engineering Department. All fencing and screening materials must be approved by the Engineering Department and be installed after the proper permit is secured. Items not approved for fencing and screening include but are not limited to any type of metal sheeting, press board, skids, rough lumber and cardboard.
(C) Installation of fences. It shall be the homeowner's responsibility to make sure that any fence installed on his or her property is within his or her property line. A fence can be installed directly on the property line; ensure that fence posts do not encroach on adjacent properties.
(1) The depth of the fence posts should be one-third of the height of the fence. Exception: In comers or supporting gates, the depth in this case shall be to the frost line. Fill should be base gravel with concrete fill 6 inches below grade.
(2) Fences shall not be placed closer than 18 inches from telephone, cable, gas, and pedestals that would interfere with the maintenance for these utilities, if necessary. Fences shall not be placed on storm manholes, catch basins, or pipes. Exception: When an easily removable panel(s) is/are installed above catch basin or manhole.
(3) Homeowners are responsible for locating their pump line if buried in the backyard to avoid damaging it during construction.
(4) Swimming pool fences shall be regulated by the City of Van Wert Building Code.
(5) Written personal notification of any fences or screening in need of repair will be sent to the property owners requiring repairs or removal of the fence or screening.
(D) Building permit required.
(1) Permit fee is $20.
(2) To apply for the building permit, the following shall be submitted to the Building Department:
(a) A completed permit application;
(b) Plat of survey showing the proposed location, type and height of the fence;
(c) Survey property pins are required for inspection.
(E) Inspections required.
(1) The Building Inspector shall inspect all fences prior to installation to verify location and compliance with the City of Van Wert fencing code.
(2) Inspection shall be requested in writing or by telephone to the Building Department at least 24 hours in advance (419) 238-5775.
(F) Contractors registration required.
(1) It shall be unlawful to engage in business in the City of Van Wert as a building contractor without first having obtained a building contractor's registration.
(2) A homeowner is not required to be licensed as a subcontractor or general contractor to construct, demolish, rehabilitate, alter, or repair his or her own fence.
(G) Application to current fences. This section does not apply to fences that are currently in place in the City of Van Wert. However, should your fence become damaged, the replacing of the damaged sections of the fence should be in full compliance with this section.
(1981 Code, § 150.36) (Ord. 6570-93, passed 12-13-1993; Am. Ord. 07-07-066, passed 8-13-2007; Am. Ord. 07-07-067; Am. Ord. 21-02-009, passed 3-22-2021; Am. Ord. 23-11-066, passed 12-18-2023)
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