A.
Minimum and uniform regulations. The regulations set by this chapter
within each district shall be minimum regulations and shall apply
uniformly to each class or kind of structure or land.
B.
New uses and structures. In all districts, after the effective date
of this chapter, any new building or other structure on any tract
of land shall be constructed, developed and used only in accordance
with the regulations specified for each district.
C.
Existing uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure, or any tract of land which is not in conformity with the regulations for the district in which it is located, shall be deemed as nonconforming and subject to the regulations of Article IX of this chapter.
D.
Type of control. The following minimum and uniform regulations shall
apply in the respective districts:
(1)
Use regulation, including uses by right, uses by special exception
and conditional uses; area and bulk regulations, including required
front, side and rear yards.
(2)
Minimum lot size, minimum lot width and maximum lot coverage, and
maximum permitted height and floor area ratio requirements in those
districts in which they apply.
(3)
Off-street parking and loading regulations, general provisions.
(4)
Regulations for planned residential developments.
(5)
Sign regulations and special regulations dealing with landscaping,
storage, access and traffic control, lighting and slope areas.
For the purpose of this chapter, the entire City of Washington
and Borough of East Washington are hereby divided into the following
districts:
A.
Residential districts.
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C
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Conservation District
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R-1
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Low Density Residential
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R-1A
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Low Density Residential
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R-2
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Medium Density Residential
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R-2A
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Medium Density Residential
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R-3
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High Density Residential
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B.
Mixed-use/institutional districts.
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T-1
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Transitional District
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ED
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Educational District
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MD
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Medical District
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C.
Commercial and industrial districts.
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CBD
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Central Business District
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GB
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General Business
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D
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Development
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A.
The City and Borough are hereby divided into zoning districts, as
shown on the Official Zoning Map which, together with all explanatory
matter thereon, is hereby adopted by reference and declared to be
a part of this chapter.
B.
The Official Zoning District Map shall be identified by the signature of the City and Borough Mayor and City and Borough Council President, attested by the City Clerk and Borough Secretary and certified by the City and Borough Engineers, and shall bear the seal of the City and Borough under the following words: "This is to certify that this is the Official Zoning District Map referred to in Article III of Ordinance Number _____, as amended, of the City of Washington and Borough of East Washington, Washington County, Pennsylvania," together with the date of adoption of this chapter.
C.
All amendments affecting district boundaries shall be noted on the
Official Zoning District Map by the City and/or Borough Engineer,
including the date of adoption, and shall be attested by the City
Clerk and Borough Secretary.
D.
No change of any nature shall be made in the Official Zoning District Map or matter shown thereof except in conformity with the procedures set forth in this chapter. Any unauthorized change of any kind by any person shall be considered a violation of this chapter and punishable as provided under Article XII of this chapter.
E.
The Official Zoning District Map, which shall be located in the City
and Borough municipal buildings, shall be the final authority as to
the current zoning status of land and water areas, buildings and other
structures in the City and Borough.
F.
District boundaries. Where uncertainty exists with respect to the
boundaries of the various districts, as shown on the Zoning District
Map accompanying and made a part of this chapter, said district boundary
line shall be determined as follows:
(1)
Boundaries indicated as appearing to follow the center line of streets,
highways or alleys shall be construed to follow such center lines.
(2)
Boundaries indicated as appearing to be parallel to the center lines
or street lines of streets, the center lines or alley lines of alleys
or the center line, or right-of-way lines of highways, shall be constructed
to be parallel to such center lines.
(3)
Boundaries indicated as appearing to follow platted lot lines shall
be construed as following such lot lines.
(4)
Boundaries indicated as appearing to follow municipal boundaries
shall be construed as following municipal boundaries.
(5)
Boundaries indicated and following railroad lines shall be construed
to be midway between the main tracks.
(6)
Boundaries indicated am approximately following the center lines
of streams or other bodies of water shall be construed as moving with
the actual body of water and following the center lines.
(7)
Where one symbol is used on the Zoning District Map to indicate the
district classification of an area divided by a way or alley, said
symbol shall establish the classification of the whole of such tract.
(8)
In the event that a street, way or alley shown on the Zoning District
Map is vacated, the property formerly in said street or way shall
be included within the district of the adjoining property on either
side of said vacated street, alley or way. In the event said street,
alley or way was a boundary of one or more districts, said new district
boundary or boundaries shall be the former center line of said vacated
street.
(9)
Distances not specifically indicated on the Official Zoning District
Map shall be determined by use of the scale on the Zoning District
Map.
Each of the zoning districts has been established to protect
the character of existing neighborhoods while encouraging new development
and redevelopment that will implement the vision of the Joint Comprehensive
Plan. Specifically, each of the zoning districts was established as
follows:
A.
Conservation (C) District. It is the intent and purpose of the Conservation
District to preserve areas designated for public parks, recreation
and open space while allowing for future planned residential developments.
B.
Low Density Residential (R-1 and R-1-A) Districts. It is the intent
and purpose of the Low Density Residential Districts to provide for
and protect single-family residential development in established neighborhoods.
C.
Medium Density Residential (R-2 and R-2-A) Districts. It is the intent
and purpose of the Medium Density Residential Districts to provide
for single-family and two-family residential development in neighborhoods
that can accommodate a higher density than found in the R-1 Districts.
D.
High Density Residential (R-3) District. It is the intent and purpose
of the High Density Residential District to provide for higher density,
multifamily residential development in neighborhoods near the downtown
and major institutions.
E.
Transitional (T-1) District. It is the intent and purpose of the
Transitional District to provide for a mixture of office retail, commercial,
and residential uses to serve as a transition area between established
residential neighborhoods and more intense commercial/industrial areas.
F.
Educational (ED) District. It is the intent and purpose of the Educational
District to provide for a mixture of institutional, residential, and
limited commercial uses to establish a lively atmosphere surrounding
the college that serves as a buffer between the downtown and established
residential neighborhoods.
G.
Medical (MD) District. It is the intent and purpose of the Medical
District to provide for a mixture of institutional, residential, and
limited commercial uses to encourage compatible development in the
neighborhood surrounding the hospital.
H.
Central Business District (CBD). It is the intent and purpose of
the Central Business District to provide for a mixture of uses that
are compatible with the cultural, commercial, historical and governmental
significance of the downtown, promote the downtown area as a vital
commercial retail area, and create inviting public spaces and pedestrian
amenities.
I.
General Business (GB) District. It is the intent and purpose of the
General Business District to provide for commercial uses that serve
neighborhood and community needs along major corridors, while still
allowing for residential development to reduce the prevalence of nonconforming
uses.
J.
Development (D) District. It is the intent and purpose of the Development
District to provide for light and heavy industrial uses in areas that
have traditionally provided these types of uses and limit the impacts
to established residential neighborhoods.
B.
For the purposes of this article, the following abbreviations shall
have the following meanings:
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P
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=
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Permitted use by right (zoning determination by the Zoning Officer)
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SE
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=
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Special exception use (zoning decision by the Zoning Hearing
Board)
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C
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=
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Conditional use (zoning decision by Council)
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N
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=
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Use is not permitted
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(Subject to § 350-57)
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=
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Subject to additional requirements specified in § 350-57 of this chapter.
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C.
Unless otherwise provided by state or federal law or specifically
stated in this chapter, any land or structure shall only be used or
occupied for a use specifically listed in this section as being allowed
in the zoning district where the land or structure is located. Such
use shall only be permitted if the use complies with all other requirements
of this chapter.
Uses not specifically listed in any district as permitted by
right, special exception or conditional shall be prohibited in that
district.
Whenever a use is not specifically permitted in any district established under this chapter and an individual makes an application to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board, who may authorize the use by special exception in accordance with the applicable express standards and conditions for uses not specifically regulated, specified in § 350-58 of this chapter.
B.
Exception to height limitations. The height limitations of this chapter
shall not apply to church spires, belfries, domes, monuments, observation
towers, radio and television towers, chimneys, smokestacks, flagpoles,
masts and aerials, elevators, equipment towers, tanks and other projections
neither intended nor used for human occupancy.
C.
Lot and yard requirements.
(1)
Lots which abut on more than one street shall provide the required
front yard along every street.
(2)
One and only one principal structure, together with permitted accessory
structures, may be located on any lot, except that two or more principal
structures may be permitted as a planned residential development after
approval and recording of the development plan as required by this
chapter.
D.
Projections into yards. No structure, whether attached to the principal
structure or not and whether open or enclosed, including porches,
carports, balconies and platforms above basic grade level, shall project
into any required front, side or rear yard, except as provided below:
(1)
Shall not apply to terraces, steps, wheelchair ramps, uncovered porches,
or other similar features not over three feet high above grade level.
(2)
Minor utility fixtures, unenclosed patios and articles of decoration
around a main building may be located in any required yard.
(3)
A buttress, chimney, cornice, pier or pilaster extending no more
than two feet from the wall of the principal structure may be located
in any required yard.
(4)
As noted in Table 303,[2] the Zoning Officer may authorize the projection of a principal
residential structure into a required front yard on a lot located
between two structures which may be nonconforming with respect to
the front yard, provided that the resulting front yard shall not be
less than the average front yard of the two adjacent structures.
[2]
Editor's Note: Said table is included as an attachment to
this chapter.
E.
Parking and storage of vehicles in all residential districts. In
any residential district, the following restrictions shall apply.
The parking of any vehicle other than an automotive passenger vehicle,
station wagon, pickup truck, panel truck or recreational vehicle in
required front yards shall be prohibited. Parking of any other type
of truck, except for temporary loading or unloading, shall be prohibited.
A.
All accessory uses and structures shall meet the following criteria:
(1)
Such use is on the same lot as the principal use or structure and
is customarily incidental and subordinate to the principal use or
structure.
(2)
Such use is not intended to expand a use otherwise limited in that
area.
(3)
Such use is consistent with the normal requirements of the principal
use and is not excessive for such use or for that district.
(4)
Such use is not detrimental to the surrounding area or properties.
(5)
Adequate area is available without reducing the area requirements
set forth for the use in the district in which it lies.
B.
A zoning permit shall be required for every accessory use or structure.
D.
There must be a principal structure on the lot prior to the issuance
of a zoning permit for an accessory structure, except that accessory
structures customarily associated with parks and playgrounds shall
be allowed on site without a principal structure. Such structures
may include, but are not limited to, picnic pavilions, gazebos, and
equipment storage sheds.
E.
Backyard chickens. The outdoor keeping of chickens shall be permitted
as an accessory use to single-family homes in any conservation or
residential zoning district, provided the following requirements are
met:
(1)
A minimum lot size of 2,000 square feet is required. For property
with a minimum of 2,000 square feet in size, the property owner is
permitted to keep three chickens. For every additional 1,000 square
feet of property, the owner is permitted one additional chicken.
(2)
The maximum number of chickens permitted on any lot shall be six.
(3)
No mature roosters shall be permitted.
(4)
All structures related to the housing of chickens shall be at least
six square feet in size and a minimum of two square feet per additional
chicken.
(5)
All structures and roaming areas shall be kept sanitary and free
from accumulations of animal excrement and objectionable odor.
(6)
Outdoor roaming areas for chickens shall be sufficiently enclosed
and screened from the street and neighboring properties to protect
them from vehicular traffic, and to minimize external impacts of the
outdoor roaming areas.
(7)
All structures, including fences, necessary for and related to the
keeping of chickens shall be subject to any required setbacks of the
underlying zoning district, but shall in all cases be a minimum of
10 feet from any property line.
(8)
The killing or dressing of animals raised on the premises shall be
prohibited.
F.
Beekeeping. Beekeeping shall be permitted as an accessory use to
single-family homes in any conservation or residential zoning district,
provided the following requirements are met:
(1)
A minimum lot size of 2,000 square feet is required. For property
with a minimum of 2,000 square feet in size, the property owner is
permitted to keep two beehives. For every additional 2,000 square
feet of property, the owner is permitted two additional beehives.
(2)
All structures necessary for and related to the housing of honeybees
shall be subject to any required setbacks of the underlying zoning
district, but shall in all cases be a minimum of 10 feet from any
property line.
(3)
Ground-mounted beehives shall be located no higher than six feet
from grade.
(4)
Ground-mounted beehives shall be permitted in side and rear yards,
and shall be provided an enclosed barrier along the property line
six feet in height consisting of a solid fence, dense vegetation or
combination thereof, and in cases where there is ample yard area,
a flyway may be substituted for perimeter barriers, consisting of
six-foot-high barriers on both sides of the bee colony, creating a
channel extending 20 feet in each direction beyond each bee colony
entrance.
G.
Family and group day-care homes.
(1)
All child day-care facilities shall comply with all current Pennsylvania
Department of Public Welfare (DPW) regulations, including those standards
governing adequate indoor space, accessible outdoor play space and
any applicable state or local building and firesafety codes.
(2)
Group day-care homes must provide proof of an approved and currently
valid DPW license at the time of application and must provide proof
of annual license renewal to the Zoning Officer.
(3)
Family day-care homes must provide proof of an approved DPW registration
certificate at the time of application and must show proof of the
registration renewal every two years to the Zoning Officer.
(4)
All activities shall be conducted in an occupied, detached single-family
residence.
(5)
Activities shall be limited to functions normally associated with
the part-time tending of children and shall not include overnight
lodging.
(6)
No portion of a child day-care facility shall be located within a
three-hundred-foot distance from any potentially hazardous land use
or activity which could pose a threat to the safety and welfare of
the children, staff and other occupants at the facility. Hazardous
land uses or activities include, but shall not be limited to, gasoline
service stations, heavy industrial operations, storage of flammable
or high pressure underground pipelines, truck or rail loading yards,
etc.
(7)
The outdoor play space shall be completely enclosed by a safe and
adequate fence or wall a minimum of four feet in height, unless a
greater height is required by the governing body. Any outdoor play
area potentially susceptible to encountering vehicles leaving the
roadway, travel lanes, or accessways shall be protected by a barrier
capable of preventing the vehicle from entering the play area. Whenever
possible, the on-site outdoor play area shall not be located in the
front yard. Outdoor play shall be limited to the hours between 8:00
a.m. and sunset, as defined by the National Weather Service.
(8)
Any addition or improvement to an existing residential structure
or property for purposes of child day care shall preserve its residential
character. The scale, bulk, height and roof pitch of any addition
and the building materials used shall be compatible with the existing
structure. Any improvements to the structure shall be in compliance
with all other applicable City or Borough regulations relating to
building and/or zoning permits.
(9)
Family day-care homes shall provide one on-site drop-off space.
(a)
An existing driveway or common parking lot space may be used
as the drop-off area if it can be demonstrated that there is sufficient
space available in the driveway that is not otherwise occupied or
committed to safely accommodate a parked vehicle.
(b)
In cases where the drop-off area cannot be accompanied on the
site, the applicant shall demonstrate that there is on-street parking.
(c)
The required drop-off area may be waived by the City or Borough
if the applicant can demonstrate that the clients will walk to the
facility, thereby eliminating the need for the additional parking
space.
(10)
In addition to the off-street parking requirements required under Article IV, group day-care homes shall provide two additional on-site parking spaces for nonresident employees. The parking space shall conform to the required dimensional standards for residential parking spaces.
(11)
Group day-care homes shall provide an on-site drop-off area
with sufficient area to allow for the temporary parking of two vehicles.
(a)
An existing driveway or common parking lot space may be used
as the drop-off area if it can be demonstrated that there is sufficient
space available in the driveway that is not otherwise occupied or
committed to safely accommodate two parked vehicles.
(b)
In cases where the existing driveway cannot function as a drop-off
area, two new on-site drop-off spaces shall be provided. The drop-off
area shall conform to the required dimensional standards for residential
parking spaces.
(12)
Signs shall comply with standards governing signs for home occupations.
H.
Fences.
(1)
Fences shall be permitted as an accessory use for all residential
and nonresidential uses. For residential uses, their height shall
be limited to four feet in the front yard and six feet in side and
rear yards.
(2)
All fences shall be constructed of customary fencing materials, but
shall exclude chain link fencing in front yards. In no areas of any
yard shall fencing ordinarily used for construction activity, such
as silt fences or temporary construction fences be permitted, except
during the time when such construction activity is being performed.
(3)
A chain-link-type fence not more than 10 feet in height may be erected
in any required yard for schools, playgrounds or parks.
(4)
A chain-link-type fence not more than 10 feet in height may be erected
in any required yard for industrial uses or commercial uses. A solid
fence no more than 10 feet high may be erected in any required commercial
or industrial yard with the approval of the Zoning Officer.
I.
Home occupations.
(1)
No impact home based businesses shall satisfy the following requirements:
(a)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members
residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(h)
The business may not involve any illegal activity.
(2)
Minor home occupations shall meet all of the same regulations as
no impact home based businesses, except that the following standards
are modified:
(a)
The nature of the services rendered shall be of that type which
are primarily and customarily provided to clients on an individual
basis and by appointment only, or off-site; however, medical/dental
offices are not permitted.
(b)
Any tutoring or instruction shall be limited to a maximum of
three students at a time.
(c)
If the use will involve customers regularly visiting the property,
then another additional off-street parking space shall be provided.
(d)
The use shall not require delivery by tractor-trailer trucks.
(e)
The use shall not involve manufacturing, other than of custom
crafts and sewing. The use shall not involve commercial repair of
motor vehicles.
(f)
Parties for the purpose of selling merchandise or taking orders
shall not be held more than four times each month.
(g)
Notwithstanding any provision contained herein to the contrary,
garage, basement, yard or other similar sales shall not be allowed
more than twice each year, and each sale shall not last more than
72 consecutive hours.
(3)
Major home occupations shall meet all of the same regulations as
minor home occupations, except that the following standards are modified:
(a)
The business activity shall be conducted in the dwelling and/or
one accessory building on the lot and may not occupy more than 50%
of the gross floor area.
(b)
No more than one person who does not reside within the dwelling
may be employed on the premises, or use the property as a meeting
place for the purpose of traveling to a work site.
(c)
If the use will include a nonresident employee, then an additional
off-street parking space shall be provided in addition to the parking
for the dwelling. If the use will involve customers regularly visiting
the property, then another additional off-street parking space shall
be provided.
(d)
There shall be no signs present on the property except for one
wall sign, not to exceed one square foot, indicating the address and
the occupant's name; for example, "Joe Doe — Accountant."
(e)
Only minimum storage of supplies shall be allowed. No outside
storage of supplies nor of any highly explosive or combustible material
shall be allowed on the property. There shall be no parking of equipment
or storage trailers, construction or landscaping equipment, cement
mixers or other similar equipment on the property. No activity shall
be allowed which would interfere with radio or television transmission
in the area; nor shall there be any offensive noise, vibration, rob,
dust, odors, heat or glare noticeable at or beyond the property line.
(f)
There shall not be conducted on the premises the business of
selling stocks of merchandise, supplies or products, provided that
incidental retail sales may be made in connection with other permitted
home occupations.
(g)
Deliverables from commercial suppliers may not be made more
than once each week, and the deliveries shall not restrict traffic
circulation.
(h)
The Zoning Hearing Board shall deny a major home occupation
application or limit its intensity through conditions if the Board
determines the use would be too intense for the proposed location.
In making such determination, the Board may review such things as
the likely amounts of traffic, the types of deliveries needed, the
types of operations involved and related nuisances, the amount of
off-street and on-street parking that is available, the density of
the neighborhood, whether the use would be adjacent to another dwelling,
and setbacks from other dwellings.
J.
Residential accessory building and structures. Residential accessory
buildings shall meet the following requirements and conform to the
following performance standards:
(1)
Accessory buildings shall not exceed 150 square feet in area and
one story in height. Such accessory structures shall not be used for
garage purposes.
(2)
Impermanent structures or structures which are to be comprised of
makeshift materials or structures which are subject to extreme weathering
and unsightly conditions shall not be permitted.
K.
Swimming pools. Swimming pools shall meet the following requirements
and conform to the following performance standards:
(1)
Private swimming pools are intended and are to be used solely for
the enjoyment of the occupants of the principal use of the property
on which it is located.
(2)
Community or club swimming pools are 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.
(3)
The pool, including any deck areas and/or accessory structures shall
not be located closer than 10 feet of any property line.
(4)
The swimming pool, or the entire property on which it is located,
shall be so walled or fenced as to prevent uncontrolled access by
persons from the street or from adjacent properties. The swimming
pool shall be constructed in accordance with the provisions of the
Uniform Construction Code.
