Fox Point Village City Zoning Code
§ 745-10
Outdoor recreational areas and facilities.
Swimming pools, tennis courts, athletic fields, and other buildings or grounds used for leisure-time activities of a predominantly outdoor nature shall be permitted in those districts and subject to such regulations as are hereinafter designated.
A.
General.
(1)
No such use shall be permitted in any case where it shall create a nuisance, a hazard, or otherwise result in a substantial adverse effect on the surrounding property values or on the enjoyment of such property, or be in any other way detrimental to the general public welfare. Every reasonable effort shall be made to prevent such effect through control of lighting, attractive design and maintenance of structures, use of planting screens or attractive fences, careful placement on the site, and sensible regulation of use.
(2)
Adequate provision shall be made for off-street parking consistent with the need generated by the facility.
B.
Classification. For purposes of regulation, such uses shall be classified as follows:
(1)
Public. Facilities owned and operated by a governmental agency for limited or general public use.
(2)
Private commercial. Facilities owned and operated by an individual or group for profit as a business, whether or not open to general public use.
(3)
Private noncommercial group. Facilities owned and operated by a group for exclusive use of the members of such group and their guests and not for profit as a business.
(4)
Private residential. Facilities owned by the individual, located on the same or adjoining lot to his residence, and intended solely for the use of his family and guests.
C.
Public facilities. Such facilities may be permitted in any district as a principal or accessory use subject to the procedure hereinafter set forth.
D.
Private commercial facilities. Such facilities may be permitted in an Institutional District as an accessory use, and in a "D" Business or "E" Semi-Business District as a principal or accessory use subject to the procedure hereinafter set forth.
E.
Private noncommercial group facilities. Such facilities may be permitted in any district as a principal or accessory use subject to the procedure hereinafter set forth.
F.
Procedure. The following procedure shall be complied with before public facilities, private commercial facilities, or private noncommercial group facilities are permitted.
(1)
The request for such use, together with site, building and operational plans, shall be submitted to the Village Board and shall be referred to the Plan Commission for its study and recommendation to the Village Board.
(2)
Any active use area or structure shall conform to the appropriate open area, height, and front, side and rear setback requirements of the district in which located, provided, however, that in no case shall a swimming pool, athletic field, or game court be permitted closer than 100 feet to an adjoining property line of a property in a residence district.
(3)
As a special exception, open area, height, front, side and rear setback requirements in effect pursuant to Subsection F(2) above may be reduced.
(4)
In acting on a request pursuant to Subsection F(1) above or on the question of granting a special exception pursuant to Subsection F(3) above the Plan Commission shall take into consideration the requirements of Subsection A above and shall also consider whether or not the proposed use is compatible with the area, is in keeping with the unique residential character of the community, and would result in substantial adverse effect upon surrounding properties.
(5)
The Plan Commission shall make its recommendation to the Village Board.
(a)
The Village Board, taking into consideration the requirements above set forth and the recommendation of the Plan Commission, shall reject, grant, or grant with modification the request; provided that if the request includes a request for a special exception under Subsection F(3) above, it shall not be granted until after a public hearing has been held by the Village Board. Notice of such hearing shall be given as required for Board meetings, and in addition thereto, written notice shall be given to the owners of property abutting that on which the special exception would exist at least five days before such hearing by delivering such notice to a person of suitable age residing on the premises, or by mailing such notice to the person residing on the premises as appears in the records of the Village for sending water bills, or if vacant property to the person who appears as owner on the records of the Village for real estate taxes. If notice is given by mail, it shall be mailed not less than seven days before the meeting.
(b)
The notice shall give the time and place of the hearing and describe the special exception that has been requested.
(c)
After such hearing, the Village Board, applying the requirements above set forth, shall reject, grant or grant with modification the special exception requested.
G.
Private residential facilities. Such facilities may be permitted as an accessory use in any district permitting residential use, subject to the following:
(1)
Backboards shall comply with the setback regulations and shall be in such location or so screened by building or vegetation that it will not substantially adversely affect the value or reasonable enjoyment or use of adjoining property, and will not present an unattractive appearance from the street or adjoining property. The Village Manager shall determine that the provisions of this subsection are complied with before a building permit is issued.
(2)
Any active use area or structure shall conform to the open area, height, and front, side and rear setback regulations of the district in which located except as is otherwise provided.
(3)
In the case of tennis, badminton or other similar areas for court games where size and proper orientation limit suitable locations, the aforesaid regulations may be modified by the Village Manager upon his determination that, as the regulations are modified, the facility will not substantially adversely affect the value or reasonable enjoyment or use of adjoining property and will not present an unattractive appearance from the street or adjoining property. In addition to this general requirement, the following requirements must be met:
(a)
The location as proposed is justified in terms of logical utilization of the site.
(b)
In no case shall any portion of the court area be closer than five feet to a lot line.
(c)
Appropriate landscaping shall be provided.
[1]
The plan for such landscaping shall be submitted to and approved by the Village Manager as meeting these requirements. Such landscaping shall thereafter be continuously maintained in good condition, so long as such court continues in existence.
[2]
The Village Manager may from time to time instruct the owner to make changes in or additions to the landscaping when the Village Manager determines that because of the use being made of the court or adjoining premises, changes or additions to the landscaping are necessary for continued compliance with these provisions. Such instructions shall be promptly complied with.
(d)
In those cases where the Village Manager has modified the height or any setback requirement (front, side or rear), every enclosure around a court for the containment of balls or birds, etc., shall be as open as reasonably possible to permit the passage of light and air, provided that the Village Manager may permit a canvas or plastic windbreak on such court enclosure upon his determination that there will still be compliance with these provisions.
(4)
The power here given to the Village Manager to modify regulations does not apply to the above regulations in respect to backboards.
H.
Swimming pools. In addition to the foregoing, swimming pools shall be subject to the following:
(1)
Pumps, filter, and heating equipment shall in no case be closer than 20 feet to a property line and shall be adequately housed or screened and muffled.
(2)
Surfaced terraces, sundecks, and walks may be permitted no closer than five feet to a lot line where accessory to a private residential pool. In the case of public, private commercial or private noncommercial group pools, such accessory uses may be permitted no closer than 10 feet to a lot line.
(3)
Reasonable precautions shall be taken to insure the safety of the pool area and to prevent it from becoming an "attractive nuisance." Pools other than those classified as "private residential" shall be completely fenced so as to prevent the unregulated entrance of young children to the pool area.
(4)
Pools erected on top of the surface of the ground shall have the pool construction completely and adequately screened from the view of abutting properties by means of combined fence and landscape screen.
(5)
Pools other than those classified as "private residential" or "private noncommercial group" shall conform to the following:
(a)
Water supplied to the pool shall meet state standards for pure drinking water.
(b)
Adequate provision shall be made for separate shower, lavatory, and dressing facilities for men and women which are well lighted, ventilated and properly equipped.
(c)
Pool construction shall be of concrete, steel, or other material having an impervious smooth surface and approved by the Director of Public Works/Village Engineer.
(d)
Pool shape, design, depth, and slopes shall be such as to promote safe control of the bathers in the pool.
(e)
Inlets must be submerged and produce uniform circulation without "dead" spots.
(f)
Outlets must be of ample size and located at the pool low points.
(g)
Hose connections must be of ample size and pressure to clean all the pool area.
(h)
Overflow gutters must surround the pool and have a pitch adequate to carry off all overflow.
(i)
Adequate steps or ladders shall be provided to allow safe emergence from the pool and shall be made of impervious material, easily cleaned, and must not collect water or retain water.
(j)
A suction cleaner must be used to remove sludge, sediment and other accumulations.
(k)
Recirculation systems shall consist of pumping equipment, hair and lint catcher, filters, and all necessary fixtures and connections; must be capable of a six-hour turnover of water; and must include disinfecting equipment.
(l)
All equipment must be accessible, satisfactorily located and the equipment room adequately drained.
(m)
Each pool shall have available a pH and residual determination outfit.
(n)
If used at night, the pool shall be adequately lighted.
