This article shall apply to any structure not considered a habitable building or structure and not under the auspices of Article
III, Building Codes, of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A. Is customary and clearly incidental to the principal building or
use.
B. Is subordinate in use, area, extent and purpose to the principal
building or use.
C. Is located on the same property as the principal building or use
served.
D. May include, but is not exclusively, structures such as boathouses,
sheds, signs and fences.
All accessory structures shall be constructed in accordance with Article
III, Building Codes, except:
A. Where the Building Inspector deems it impractical to comply with
the Construction Standards Code in this chapter.
B. Where the accessory structure is manufactured (e.g., metal sheds)
to a recognized standard or listing.
Antennas and towers shall be permitted and shall be erected in compliance with state codes and §
480-18.
[Amended 8-6-2018 by Ord. No.
7-18-706]
A. Purpose. The purpose of this section is to regulate permanent swimming
pools in order to prevent the creation of nuisances and to promote
the health, safety, and general welfare of the public.
B. Definition. A private or residential swimming pool is an outdoor
structure containing a body of water in a receptacle or other container
having a depth for water at any point greater than 1 1/2 feet
located above or below the surface of ground elevation, used or intended
to be used solely by the owner, operator or lessee thereof and his
family, and by friends invited to use it, and includes all structural
facilities, appliances and appurtenances, equipment and other items
used and intended to be used for the operation and maintenance of
a private or residential swimming pool. The regulations herein shall
also be applicable to in-ground hot tubs.
C. Exempt pools. The following are exempt from the provisions of this
section:
(1) Covered, aboveground hot tubs.
(2) Portable pools with a maximum wall height at any point no greater
than 24 inches, and a dry total weight no greater than 40 pounds.
D. Permit required. Before work is commenced on the construction or
erection of private or residential swimming pools or on any alterations,
additions, remodeling or other improvements, an application for a
swimming pool building permit to construct, erect, alter, remodel
or add must be submitted in writing to the Department of Inspection.
Plans and specifications and pertinent explanatory data should be
submitted to the Department of Inspection at the time of application.
No work or any part of the work shall be commenced until a written
permit for such work is obtained by the applicant. A fee as set forth
in the official City fee schedule on file in the City Clerk's
office shall accompany such application.
E. Construction requirements. In addition to such other requirements
as may be reasonably imposed by the Building Inspector, the Building
Inspector shall not issue a permit for construction as provided for
in this section, unless the following construction requirements are
observed:
(1) All materials and methods of construction in the construction, alteration,
addition, remodeling or other improvements and pool installation shall
be in accord with all state regulations and code and with any and
all ordinances of the City now in effect or hereafter enacted.
(2) All plumbing work shall be in accordance with all applicable ordinances
of the city and all state codes. Every private or residential swimming
pool shall be provided with a suitable draining method, and in no
case shall waters from any pool be drained into the sanitary sewer
system, or onto lands of other property owners adjacent to that on
which the pool is located on in the general vicinity.
(3) All electrical installations, including lighting and heating but
not limited thereto, which are provided for, installed and used in
conjunction with a private swimming pool shall be in conformance with
the state laws and city ordinances regulating electrical installations.
F. Setbacks and other requirements.
(1) Private swimming pools shall be erected or constructed on rear or
side lots only and only on a lot occupied by a principal building.
No swimming pool shall be erected or constructed on an otherwise vacant
lot. A lot shall not be considered vacant if the owner owns the contiguous
lot and said lot is occupied by a principal building.
(2) No swimming pool shall be located, constructed or maintained closer
to any side or rear lot line than is permitted in this chapter for
an accessory building, and in no case shall the waterline of any pool
be less than five feet from any lot line.
G. Fence requirement.
(1) Pools within the scope of this section which are not enclosed with
a permanent building shall be completely enclosed by a fence of sufficient
strength to prevent access to the pool, or shall have a cover or other
protective device over such swimming pool of such a design and material
that the same can be securely fastened in place and when in place
shall be capable of sustaining a person weighing 250 pounds. Such
cover or protective device shall be securely fastened in place at
all times when the swimming pool is not in actual use for swimming
or bathing purposes. Such fence or wall shall not be less than four
feet in height and so constructed as not to have voids, holes or openings
larger than four inches in one dimension. Gates or doors shall be
kept locked while the pool is not in actual use.
(2) The pool enclosure may be omitted where portable pools are installed
above ground and have a raised deck around the entire pool perimeter
with an attached enclosed railing which complies with the International
Building Code requirements as adopted by the state.
(3) All swimming pools existing as of the effective date of this chapter
not satisfactorily fenced shall comply with the fencing requirements
of this section or when water is placed in the pool.
H. Draining and approval thereof. No private swimming pool shall be
constructed so as to allow water therefrom to drain into any sanitary
sewer or septic tank nor to overflow upon or cause damage to any adjoining
property. Provisions may be made for draining the contents of any
swimming pool into a storm sewer, but such installation shall be subject
to prior approval by the Building Inspector. In all cases where a
private swimming pool is to be constructed on premises served by a
private sewage disposal system, approval of the State Board of Health
shall be necessary before the construction of any such pool may commence.
I. Filter system required. All private swimming pools within the meaning
of this chapter must have, in connection therewith, some filtration
system to assure proper circulation of the water therein and maintenance
of the proper bacterial quality thereof.
J. Dirt bottoms prohibited. All swimming pools of a permanent nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.