It is the intent of this Chapter to establish regulations for the construction and use of sports courts within the City of Monte Sereno in order to permit the reasonable enjoyment of private property without adverse impact on the environment or the public health, safety or welfare because of excessive and annoying noise and glare, impairment of natural scenic beauty and hazardous construction.

(Ord. 121 § 3 (part), 2000)

A sports court is any nonenclosed structure or improvement which exceeds three thousand (3,000) square feet in size built for the purpose of and upon which any form of athletic activity requiring skill or physical prowess is carried on or conducted in the out-of-doors including, but not limited to, basketball, lawn tennis, squash racquets, squash tennis and tennis.

(Ord. 121 § 3 (part), 2000)

A use permit shall be secured as provided for in Chapter 10.10 of this Code for the installation or construction or maintenance of any sports court. Any use permit granted for a sports court shall be for the sole use and enjoyment of the owner thereof, or his resident tenant, and their guests, and not for any commercial purpose.

(Ord. 121 § 3 (part), 2000)

All sports courts shall comply with each of the following requirements:

A.

A building permit shall be obtained for any wall, fence, enclosure or other structure regulated by the Uniform Building Code and/or applicable requirements of Title 9 of this Code.

B.

Grading for the sports court shall not exceed one thousand (1,000) cubic yards combined cut and fill and any grading in excess of fifty (50) cubic yards shall require a grading permit from the City.

C.

No fence or other enclosure of the sports court shall be higher than ten (10) feet and enclosures in excess of six (6) feet in height shall be constructed of galvanized or dark plastic-coated wire fabric. All sports courts shall be screened from view by suitable landscaping.

D.

All sports courts shall comply with the standard setback provisions for main dwelling units in the zoning district in which they are located.

(Ord. 121 § 3 (part), 2000)

No sports court shall be artificially lighted.

(Ord. 121 § 3 (part), 2000)

Any sports court already constructed on January 7, 1977, may continue to be used without further regulation except that it cannot be used for any commercial purpose.

(Ord. 121 § 3 (part), 2000)

Any structure set up, erected, built, moved or maintained and/or any use of property contrary to the provisions of this Chapter shall be, and the same is hereby declared to be unlawful and a public nuisance. The City Attorney shall immediately commence an action or actions, a proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as needed and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such structures or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such structures or using any property contrary to the provisions of this Chapter.

(Ord. 121 § 3 (part), 2000)