Grantsburg City Zoning Code
ARTICLE XI
Accessory Uses and Structures; Fences; Swimming Pools
§ 595-99 Accessory uses and structures.
A.
Building permit required for accessory buildings.
(1)
Permit required. No owner shall, within the Village of Grantsburg, build, construct, use or place any type of an accessory structure or building, including prefabricated accessory buildings, until a building permit shall have first been obtained from the Building Inspector. Application for an accessory structure permit shall be made in writing to the Building Inspector. With such application, there shall be submitted a fee pursuant to the Village of Grantsburg's Schedule of Fees and a complete set of plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory structure with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
(2)
Applicability to temporary, movable and permanent buildings. For purposes of this Zoning Code, no regulatory distinction is made between temporary, permanent, prefabricated or movable accessory buildings (such as those mounted on skids).
B.
Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction, unless a special, limited duration, one-time waiver is granted by the Village Board due to unique circumstances. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.
C.
Number of permitted garages and accessory buildings on residential lots.
(1)
Placement restrictions. Residential accessory buildings, which are not a part of the main building, shall not be permitted in the front yard. Accessory buildings and structures such as swimming pools, heating/air-conditioning equipment and wind and solar energy conversion equipment are permitted, provided that such buildings, structures or equipment:
(a)
In the aggregate, shall not occupy more than 35% of any required rear yard area. Each building cannot be larger than 1,500 square feet. Attached garages shall not be larger than 50% of the total area measured on the main floor of the garage and house area combined. If an attached garage exists, two additional buildings are permitted in the rear yard. If there is no attached garage, three buildings are allowed. All accessory building permits need to be issued by the Village Board.
(b)
Shall comply with all applicable Village setback requirements in that zoning district.
[Amended 11-24-2021 by Ord. No. 21-04[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection C(1)(b), regarding the distance required from other buildings or structures, and renumbered Subsection C(1)(c) as Subsection C(1)(b).
(2)
Carports. For purposes of this section, a carport, as defined in § 595-126, shall be considered to be a garage.
D.
Standards for attached accessory buildings/garages.
(1)
Setback requirements. All accessory buildings which are attached to the principal building shall comply with the yard/setback requirements of the principal building.
(2)
Determination of attached status. When accessory buildings are attached to the principal building by a breezeway, passageway or similar means, or are separated by a nominal gap, they are considered to be a part of the principal building and shall comply in all respects with the yard/setback requirements and local Building Code requirements for the principal building.
(3)
Square footage limits. Accessory structures attached to the principal building shall not exceed the square footage of the nonaccessory portion of the principal building.
E.
Standards for detached accessory buildings; lot area coverage; square footage.
(1)
Front yard placement prohibited. No detached accessory building shall occupy any portion of the required front yard.
[Amended 11-24-2021 by Ord. No. 21-04]
(2)
Height. Single-story garages and other single-story detached accessory buildings shall be 20 feet or less in height. Two-story garages and other detached accessory buildings shall be 25 feet or less in height.
(3)
Setback from other accessory buildings. No detached accessory buildings shall be located within five feet of any other accessory building.
(4)
Exterior finishes; setbacks. Galvanized exterior finishes are not permitted on detached accessory structures. Setbacks shall be as prescribed by district regulations. All accessory structures and garages shall be constructed of durable materials and shall not utilize fabric/plastic/rubber materials used in such a fashion or manner so as to be a substitute for building walls and/or roof of said accessory structure or garage.
(5)
Lot area coverage determination. The dimensions of any swimming pool, children's play structure, detached garage, tennis court and other detached accessory buildings/structures shall be included in the determination of available lot area coverage for accessory structures.
(6)
Setback from principal structure. An accessory building shall not be nearer than 10 feet to the principal structure unless the applicable Building Code regulations in regard to one-hour fire-resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure.
(7)
Required roof overhangs. All detached structures over 150 square feet in size, in a residential district, must have a minimum one-foot overhang with fascia and soffit on all sides, unless an alternative option is approved by the Village Board, upon the recommendation of the Plan Commission.
(8)
Setback/yard requirements. Except where a zoning district requires specific setback standards, detached accessory structures shall not be closer than three feet to any lot line. The rear yard setback for detached garages and accessory buildings in the R-1, R-2, R-3 and R-4 Districts shall be 12 feet.
F.
Use restrictions in residential districts. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as defined herein and shall not be occupied as a dwelling unit. Accessory buildings shall not be used for residential purposes.
G.
Placement restrictions in nonresidential districts. Except where a zoning district requires specific setback standards, an accessory use or structure in a business, industrial or other nonagricultural zoning district may be established in the rear yard or side yard and shall not be nearer than five feet to any side or rear lot line.
H.
Corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear or nearer than three feet to the side line of the adjacent structure.
I.
Landscaping uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, fountains, statuary, bird baths, trees, shrubs and flowers and gardens, pursuant to Subsection M below.
J.
Temporary accessory uses. Temporary accessory uses such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure may be permitted by the Zoning Administrator.
K.
Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, provided that:
(1)
Such private garage shall be located not less than five feet from the front lot line;
(2)
The floor level of such private garage shall be not more than one foot above the curb level; and
(3)
At least 1/2 the height of such private garage shall be below the mean grade of the front yard.
L.
Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties and shall not register more than 1/2 footcandle at the property line.
M.
Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, sundials, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.
N.
Children's play structures. For purposes of this section, children's play structures, including play houses, tree houses or elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section, specifically setback standards, whether such play structures are placed on a foundation or not. Swing sets, slides and sandboxes are not considered children's play structures for purposes of this section. A building permit is not required for the construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance.
O.
Terrace area restrictions. No person shall place any accessory structure or use, including landscaping ornaments, stones and basketball backboards/hoops, in the terrace area.
P.
Offensive uses prohibited. No accessory use shall be dangerous, obnoxious or offensive to persons residing in the vicinity, nor shall it impair the use, enjoyment or value of any property.
Q.
Gardening. Home gardening is a permitted accessory use on any residential lot with a dwelling or principal use on any vacant lot or parcel.
R.
Dog houses/runs. Dog houses and/or runs shall comply with the setback requirements of § 595-101N.
[Amended 11-24-2021 by Ord. No. 21-04]
S.
Agricultural structures. Agricultural structures in properly zoned agricultural districts, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.
T.
Tents; fabric-covered structures; hoop-supported structures.
(1)
Prohibited use as permanent accessory structure. No tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame may be used as a permanent accessory structure in a nonagricultural district; such structures may be erected and used no more than six months per year without being removed. An exception is that a plastic or fabric-covered hoop-supported or tubular greenhouse may be maintained if used exclusively for personal greenhouse use.
(2)
Anchoring requirement. Any permitted tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame shall be fastened or anchored in a stable manner to the ground.
(3)
Limitations on utility service. No plumbing, electrical, heating or other utility service may be installed in a tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame except for seasonal use in personal greenhouses. A tent shall not be used as a dwelling other than for temporary recreational use.
(4)
Compliance with accessory building requirements. Any tent, plastic or fabric-covered structure, or a structure supported by hoops or a tubular frame shall comply with the dimensional and yard/setback requirements of this section.
§ 595-100 Outside storage of firewood.
A.
No person shall store firewood in the street yard on residentially zoned property, except that firewood may be temporarily stored in the street yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may be stacked not closer than two feet to any lot line and not higher than six feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. "Fence" as used in this section shall not include hedges and other vegetation. Any structures erected to shelter firewood are accessory structures subject to the standards in § 595-99.
C.
All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code of Ordinances.
E.
Not more than 20% of the side and rear yard may be used for storage of firewood at any one time.
§ 595-101 Fences.
A.
Definitions. The following words and terms shall have the meanings herein provided in this section:
ARBOR
A decorative solid or latticework structure or trellis which is used as an entrance focal point along a barrier which serves the purpose of a fence.
BERM
A mound of earth higher than the final elevation of a lot.
FENCE
An enclosed barrier or vertical screen device consisting of wood, stone, vinyl or metal intended to limit ingress or egress and/or provide privacy and containment. This definition also includes, but is not limited to, trellises, railings and walls when used around the perimeter of a property.
FENCE, AGRICULTURAL FARM
A fence meeting the agricultural fence standards of Ch. 90, Wis. Stats., consisting of wire strands, high tensile strands or other types of material used for agricultural purposes meeting the statutory requirements.
FENCE, ARCHITECTURAL OR AESTHETIC
A fence constructed to enhance the appearance of the structure or the landscape.
FENCE, BOUNDARY
A fence placed on or within five feet of the property lines of adjacent properties.
FENCE, GOOD NEIGHBOR
A fence constructed of solid or spaced boards where the face boards are installed at the center of the posts so that the fence looks the same from both sides.
FENCE, PROTECTIVE
A fence constructed to enclose a hazard to the public health, safety and welfare.
FENCE, SECURITY
A fence designed for protection of a site, of an open type similar to woven wire or wrought iron fencing, not exceeding eight feet in height.
INSTALL, INSTALLATION and INSTALLED
To construct, erect, install, place, or replace over 16 linear feet.
LOT, DOUBLE FRONTAGE
An interior lot having street frontage on the front and the rear of a lot.
TRELLIS
A frame or structure of open latticework.
B.
Compliance required. No person shall install a fence in the Village of Grantsburg without first obtaining a permit from the Village Clerk/Treasurer and complying in all respects with the terms and conditions of this section.
[Amended 6-13-2022 by Ord. No. 22-05]
C.
Responsibilities of property owner; location determination.
(1)
Proper location responsibility. The property owner installing a fence is solely responsible for ensuring that the fence is properly located on his property and is in compliance with height, setback, vision clearance and materials requirements. If uncertainty exists regarding the actual location of lot lines, it is the owner's responsibility to secure a lot survey.
(2)
Covenant/easement compliance. The property owner is responsible for complying with any private subdivision covenants or deed restrictions or utility easement(s) restrictions, including any applicable plan review/approval requirements.
D.
Fence installation general requirements. No fence shall be installed except in strict compliance with this section:
(1)
Diggers Hotline. Prior to fence installation, the applicant shall contact Diggers Hotline service to have the project site marked.
(2)
Good neighbor placement requirement. Structural and support components of a fence shall face internally into the applicant's lot, facing away from adjacent properties. Fences shall be installed with the finished side facing adjacent properties or the public right-of-way. Fence posts shall be located on the inside of the fence facing the property on which the fence is located, except when the style of fence is of a design commonly known as a "good neighbor fence."
(3)
Grade; contour. Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.
(4)
Height. Fence height shall be measured from the surface of the ground immediately below the fence. Berms, retaining walls or other methods to raise the elevation of the fence site shall require approval by the Building Inspector prior to installation. The height of fences and walls shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a fence is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height will be measured vertically from the base of the berm.
(5)
Placement near sidewalks. Fences shall be installed no closer than six inches to a public sidewalk.
E.
Approved fence materials.
(1)
Proper materials. Fences located in side and/or rear yards of residential parcels shall be constructed using materials suitable for residential-style fencing, including but not limited to brick, fieldstone, wrought iron, vinyl, chain link (with a required top rail support and a minimum nine-gauge thickness), split rail wood, stockade or board-on-board wood.
(2)
Open visibility standard. Residential front yard fences shall be 50% open (see-through) and be of wrought iron, picket or split rail design. Chain-link fencing is permitted in side or rear yards only and its use is not permitted in residential front yards.
(3)
Agricultural fences. Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts, as determined by the Village, and shall comply with Ch. 90, Wis. Stats.
(4)
Improper materials. No fence shall be constructed of used, discarded or scrap materials in disrepair, including but not limited to pallets, tree branches/stumps, crates, vehicle parts, refuse or other similar items. Materials not specifically manufactured for fencing, such as doors, railroad ties, landscape timbers or utility poles, shall not be used in fences. Fences shall not be constructed of luminous materials or smooth or corrugated metal materials.
(5)
Finish. All fences, including privacy fences, shall only be painted or stained in neutral colors.
F.
Modifications to existing fences. All modifications to a preexisting fence shall comply with this section. Any existing fence shall not be enlarged, extended or replaced for more than 16 linear feet in a three-year period except in compliance with this section.
G.
Height and placement of residential fences regulated.
(1)
Height. Residential fences six feet or less in height are permitted on rear and side lot lines but shall not continue beyond the front of the principal structure or the required front yard setback, whichever is furthest from the street right-of-way. Residential fences less than or equal to four feet in height are permitted in the street/front yard setback area but shall not be closer than two feet to any public right-of-way and shall not exceed 2 1/2 feet in height in a vision clearance triangle (see Subsection J below).
(2)
Narrow lot standards. In any residential district or on any lot or premises the principal use of which is for residential purposes, no lengthwise fence or other lengthwise barrier or obstruction shall be erected, placed, installed or reinstalled in any area where there is a distance between main residential buildings of 10 feet or less.
(3)
Nonresidential fences adjacent to residential parcels. No fence or wall shall be erected, placed or maintained along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
H.
Setback for residential fences.
(1)
Fence setback with no adjacent owner consent. Fences in or adjacent to a residential property (or property primarily residential in use) are permitted along lot lines with a minimum two-foot side and rear yard setback without permission from adjacent property owners.
(2)
Fence setback with adjacent owner consent.
(a)
Fences may be placed on property lines only with the written approval of adjoining property owners, a copy of which shall be provided to the Village; such fences shall fully comply with the permit and standards requirements of this section.
(b)
If a new fence is constructed or erected on a property line without the express written consent of the adjoining property owner, whether proper permits have been issued or not, a written complaint may be filed with the Zoning Administrator, who shall give notice to the owner of the fence to remove the fence. If the owner does not comply within 30 days from the date of notification, the Zoning Administrator may request the Village of Grantsburg to remove it at the owner's expense.
(3)
Front setback areas. Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.
I.
Industrial/commercial security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
J.
Corner lot vision clearance requirements. See § 595-70 of this chapter.
K.
Prohibited fences.
(1)
Dangerous condition; barbed wire. No fence shall be constructed which is of a dangerous condition or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are eight feet above the ground in height and project toward the fenced property and away from any public area.
(2)
Electric fences. Although fences which conduct electricity or are designed to electrically shock are generally prohibited, such fences using smooth wire are allowed for the limited purpose of deer control if located five feet from a lot line.
(3)
Improper wire fencing. No woven, twisted, welded or interlaced wire fence or farm-type woven wire, such as using chicken wire, shall be located in a nonindustrial district, unless such fencing is ornamental in character.
(4)
Improper wood-slat fencing. No wood-slat or plastic snow fence shall be permitted as a regular use in a residential district, except as a temporary use under Subsection M.
(5)
Post-only fences. No fence shall consist solely of fence posts or be maintained as an incompletely constructed fence consisting only of posts and supporting members.
L.
Fences to be repaired; corrective action.
(1)
Good repair requirement. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property. Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair. Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair.
(2)
Compliance standards for existing fences. When any existing fence does not conform to the requirements of this section and is damaged or in need of repair to an extent that exceeds 50% of the then value of the fence, said entire fence shall either be completely dismantled or reconstructed in compliance with the provision of this section.
(3)
Failure to maintain. All new and existing fences shall be maintained in such a manner so as not to allow rust, dents or deterioration to take place. Failure to maintain a fence in good condition and repair will result in the Village issuing an order to the property owner to take whatever steps are necessary to correct the condition. Said notice shall set forth a reasonable time for compliance and shall set forth a notice that failure to comply will result in a violation and a penalty set forth in § 595-116 of this chapter.
M.
Temporary fences; permit not required.
(1)
Standards. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.
(2)
Seasonal fences. This section is not intended to regulate seasonal or temporary fences such as garden or snow fences, except that such fences shall be removed when the condition or season for which the fence was erected no longer exists. Under no circumstances shall a snow fence be erected for more than five months.
N.
Special purpose fences.
(1)
Swimming pool/hot tub fences. Swimming pool and hot tub fences shall comply with the requirements of § 595-102.
(2)
Pet enclosures; dog runs. Pet enclosures and dog runs shall be permitted in residential districts subject to the following conditions:
(a)
No fence permit is required prior to installation of a pet enclosure or dog run.
(b)
No pet enclosure or dog run shall be in excess of 250 square feet in area or be more than six feet in height above the surface of the ground.
(c)
Pet enclosures and dog runs may be constructed of any material permitted for a residential fence.
(d)
No pet enclosure or dog run shall be constructed contrary to required vision clearance area requirements.
(e)
Pet enclosures and dog runs shall be located no closer than 10 feet to a side or rear lot line and shall not be located to the front of the principal structure.
O.
Nonconforming fences. Any fence existing on the effective date of this chapter and not in conformance with this section may be maintained, but alterations, modifications or improvements of more than 50% of said fence shall require the owner to bring the fence into compliance with this section.
§ 595-102 Swimming pools and hot tubs.
A.
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 of water at any point greater than 1 1/2 feet located above or below the surface of ground elevation, having an area greater than 150 square feet, used or intended to be used solely by the owner, operator or lessee thereof and his/her 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. Such pool is installed in such a manner that the pool will remain in a place as a fixture throughout the full year and be considered as a permanent or semi-permanent structure on the land.
B.
Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 24 inches and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity are exempt from the provisions of this section. Inflatable pools of all types are exempt.
C.
Permit; construction requirements.
(1)
Permit required. Before work is commenced on the construction or erection of private or residential swimming pools or hot tubs or on any alterations, additions, remodeling or other improvements, an application for a swimming pool or hot tub building permit to construct, erect, alter, remodel or add must be submitted in writing to the Zoning Administrator. Plans and specifications and pertinent explanatory data shall be submitted to the Zoning Administrator at the time of the application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee pursuant to the Village of Grantsburg's Schedule of Fees shall accompany such application.
(2)
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, the Zoning Administrator shall not issue a permit for construction or installation of a swimming pool or hot tub unless the following construction requirements are observed and the fee as prescribed in the Village of Grantsburg's Schedule of Fees is paid:
(a)
All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements for pool or hot tub installation shall be in accord with all state regulations and with any and all ordinances of the Village of Grantsburg now in effect or hereafter enacted.
(b)
All plumbing work shall be in accordance with all applicable ordinances of the Village of Grantsburg and all state codes. Every private or residential swimming pool or hot tub shall be provided with a suitable draining method, and in no case shall waters from any pool or hot tub be drained into the sanitary sewer system or onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.
(c)
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 or hot tub shall be in conformance with the state laws and Village ordinances regulating electrical installations.
D.
Setbacks and other requirements.
(1)
Permissible locations. Private swimming pools or hot tubs shall be erected or constructed in rear or side yards only and only on a lot occupied by a principal building. No swimming pool or hot tub 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)
Setbacks. All swimming pools and outdoor hot tubs shall be at least 10 feet from any lot line or building, measured at the water line, unless designed and approved by the Village as an addition to a building.
(3)
Prohibited placement areas. Swimming pools and hot tubs shall not be constructed in the front yard or in a required corner side yard.
(4)
Area calculations. Swimming pools, either open or enclosed, shall be considered the same as accessory buildings for purposes of calculating the maximum area that they may occupy in a required rear yard.
E.
Enclosure.
(1)
In-ground pools. All outdoor, below-grade swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.
(2)
Aboveground pools; pool wall barrier.
(a)
An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend more than three feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.
(b)
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 a minimum of 36 inches high on the top.
(3)
Miscellaneous requirements.
(a)
Swimming pools and hot tubs surrounded in whole or in part by a deck which has steps leading to the swimming pool or hot tub shall be equipped with a gate a minimum of four feet in height and capable of being latched and locked with a combination lock or by a lock worked by a key to secure access to the swimming pool or hot tub when not in use.
(b)
Service gates and gates which are part of a fence or wall enclosing a swimming pool or hot tub which are located across a driveway shall be kept closed and latched at all times by the property owner or occupier when not in use for ingress or egress. When such areas are not in use, such gates shall be locked with a combination lock or by a lock worked by a key.
(c)
Hot tubs equipped with a fitted cover and capable of supporting a minimum of 200 pounds shall be exempt from required fencing.
F.
Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or 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 Director of Public Works.
G.
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.
H.
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.
I.
Compliance. All swimming pools and outdoor hot tubs existing at the time of original passage of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
§ 595-103 Retaining walls.
A.
Purpose. The purpose of this section is to protect public and private property from the effects of poorly designed and constructed retaining walls.
B.
Permit required. A permit shall be required for all retaining walls constructed that exceed 24 inches in height, including terraced retaining wall projects where the total height of all walls exceeds 24 inches, and are closer than 15 feet to a property line.
C.
Application. Application shall be made to the Zoning Administrator on forms provided and shall include a site plan and a set of construction plans. Plans sealed by a professional engineer registered in the state and/or other information necessary to adequately review the proposed retaining wall may also be required by the Zoning Administrator.
D.
Performance standards. A retaining wall shall be designed to resist the lateral pressure of the retained material in accordance with accepted engineering practice. Walls retaining drained earth may be designed for pressure equivalent to that exerted by an equivalent fluid weighing not less than 30 pounds per cubic foot and having a depth equal to that of the retained earth. Any surcharge shall be in addition to the equivalent fluid pressure.
E.
Requirements. Setbacks for retaining walls shall be the same as for fences under § 595-101. No individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls.