Zoneomics Logo
search icon

Wells City Zoning Code

GENERAL PERFORMANCE

STANDARDS

§ 152.125 COMPLIANCE REQUIRED.

   No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining property. Any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are used to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance standards.
(Ord. 239, § 1000, passed 1-22-2000) Penalty, see § 10.99

§ 152.126 NONCONFORMING USES AND STRUCTURES.

   (A)   Where at the time of adoption of this chapter, lawful uses of land or structures exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they conform to the following requirements.
   (B)   (1)   A nonconforming use or structure may be continued but may not be altered or extended. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming at the time of passage of this chapter is not an enlargement or expansion of a nonconforming use. A nonconforming structure, which conforms with respect to use, may be altered or extended if the alteration or extension does not cause the structure to deviate further from the standards of this chapter.
      (2)   If a nonconforming use is discontinued for a period of 1 year, further use of the property shall conform to the requirements of the district in which it resides.
      (3)   If a nonconforming use is replaced by another use, the new use shall conform to this chapter.
      (4)   If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to the extent exceeding 50% of its fair market value as indicated by the records of the County Assessor, and no building permit has been applied for within 180 days of when the property is damaged, a future structure or use on the site shall conform to the chapter in both use and structure.
(Am. #4, passed - -2004; Am. #5, passed - -2005)
      (5)   Any new structure which will, under this chapter, become nonconforming but for which a building permit has been lawfully granted prior to the effective date of this chapter or amendment, if continued to completion within 1 year, shall be a legally existing nonconforming structure.
      (6)   Normal maintenance of a building or other structure containing or related to a lawful nonconforming use and incidental alterations which do not extend or intensify the nonconforming use.
      (7)   Lots of record that are nonconforming in area can be built on with proper variances. However, all the lots that are contiguous and with a common owner at the time of the adoption of this chapter shall be combined to create lots of proper size in order to receive a building permit.
(Ord. 239, § 1001, passed 1-22-2000) Penalty, see § 10.99

§ 152.127 HOME OCCUPATIONS.

   (A)   It shall be the purpose of this section to permit only those home occupations compatible with uses in residential districts.
   (B)   (1)   Valid permit. No one shall conduct a home occupation without a valid home occupation permit. Permits are issued to the applicant for a specific use and site and are non-transferable to new property owners. Discontinuance of a home occupation of more than a 6-month period shall void the permit.
(Am. #5, passed - -2005)
      (2)   Permit application and review. Application for issuance of a home occupation permit shall be made to the Planning and Zoning Commission. The Planning and Zoning Commission will review the application for compliance with performance standards listed in this section. The Board of Adjustment and Appeals shall hear and decide appeals for home occupations permits.
      (3)   Performance standards. The following standards shall be followed in the issuance of home occupation permits.
         (a)   No more than 1 person other than a member of the immediate family occupying the dwelling shall be employed on the premises at any 1 time.
         (b)   The appearance of the structure shall not be altered, nor shall the occupation be conducted in a manner which would cause the dwelling to differ from its residential character either by use of colors, materials, construction, lighting, advertising signs, or the emission of sounds, odors, noise, vibration, heat, glare, or electrical disturbances.
         (c)   The use shall not create substantial traffic. More than 15 vehicles coming to the dwelling for service or products in any 1 day shall be considered substantial additional traffic. Any need for parking shall be met off the street, and other than in the front yard.
         (d)   There shall be no storage or display of any kind connected with the home occupation visible from outside of the dwelling.
         (e)   Any construction, alteration, addition of electrical or mechanical equipment, storage of chemicals or materials shall not change the fire rating of the structure.
         (f)   Any other standards deemed necessary by the Planning and Zoning Commission to preserve the residential character of the neighborhood.
      (4)   Permitted home occupations.
         (a)   Dressmakers, seamstresses, and tailors;
         (b)   Music, art, or dancing teachers (limited to not more than 5 students at any 1 time);
         (c)   Artists, sculptors, authors, or composers;
         (d)   Office facility of physicians, dentists, or other licensed medical practitioners;
         (e)   Office facility of lawyers, architects, contractors, engineers, realtors, insurance agents, brokers, salespeople, and members of similar professions;
         (f)   Office facility of ministers, rabbis, priests, or members of religious orders;
         (g)   Office facility of door to door salespersons;
         (h)   Home crafts, such as model-making, rug weaving, and lapidary work;
         (i)   Barber or beauty shops;
         (j)   Limited photo studio, developing, or processing;
         (k)   Limited upholstering;
         (l)   Limited carpentry work; and/or
         (m)   Repair shops (limited to bicycles, small engine, lawn mowers, small electrical appliances, typewriters, cameras, or other similar items).
      (5)   Prohibited home occupations.
         (a)   Animal hospital or pet shop;
         (b)   Clinics or hospital;
         (c)   Mortuaries;
         (d)   Private clubs;
         (e)   Rental operations;
         (f)   Automobile repair, major or minor;
         (g)   Major appliance repair or service;
         (h)   Painting and restoration of vehicles, trailers, or boats;
         (i)   Retail or wholesale sales;
         (j)   Manufacturing; and/or
         (k)   Warehousing or on-site storage of goods for redistribution.
      (6)   Previous permit. Home occupations permitted by previous issuance of a special use permit shall be allowed to continue without issuance of a home occupation permit. These uses shall follow all conditions attached to their special use permit, as well as performance standards and regulations listed in this section and chapter.
(Ord. 239, § 1002, passed 1-22-2000) Penalty, see § 10.99

§ 152.128 PARKING.

   (A)   Surface and drainage. Off-street parking areas shall be improved with a durable material. Parking areas shall be graded and drained to dispose of all surface water without damage to adjoining property. These requirements also apply to open sales lots.
   (B)   Location. Parking areas for single-, 2-, and multi-family dwellings shall be adjacent to the principal use. Parking areas for commercial and industrial uses shall be within 300 feet of the principal building. There shall be no off-street parking area within any street right-of-way, except with specific City Council approval.
   (C)   Parking stall size. Each parking stall shall, at minimum, have 162 square feet, shall be 9 feet in width, and 18 feet in length. Handicapped parking stalls shall meet the square footage, width, and length found in § 152.003.
   (D)   Parking areas. Parking areas shall not be utilized for storage of goods.
      (1)   Where a commercial use establishes a reciprocating parking agreement with a commercial or industrial use that is within 300 feet, only 1/3 of the required parking need be provided on site. However, the parking area as a whole shall be equal to the requirements for each use.
      (2)   No truck-tractor or motor vehicle over 1-ton capacity bearing a commercial license and/or a commercially licensed trailer shall be parked on any street, highway, or alley within or abutting a residential district, except when loading, unloading, or rendering a service. Recreation vehicles and pickups are not restricted by the terms of this provision.
      (3)   Any area designated as a parking area to meet off-street parking requirements shall not be converted to another use, or be used by another, unless eligible parking area is obtained and meet off-street parking requirements.
   (E)   Design and maintenance. All off-street parking areas shall be designed, laid out and maintained as designated by the City of Wells. The minimum curb cut for driveways at the right-of-way line shall be 16 feet. It shall be the joint and several responsibility of the operator and owner of the principal building to maintain in a neat and adequate manner, the parking area, driveways, landscaping, and screening.
   (F)   Off-street parking requirements. Off-street parking requirements shall apply to all zones with the exception of the C-1 Central Business District Zone:
      (1)   Single-family dwellings - shall have 2 stalls per dwelling unit and 1 stall per accessory apartment;
      (2)   Duplex - 2 stalls per dwelling unit;
      (3)   Townhouses and condominiums - 2 stalls per dwelling unit;
      (4)   Multi-family - 2 stalls per dwelling unit up to an 8-plex; dwellings having more than 8 dwelling units shall have 1.5 stalls per dwelling unit;
      (5)   General business district - 1 stall per 400 square feet of sales floor area plus 1 per employee on the maximum shift;
      (6)   Commercial business district - 1 stall per 1,000 square feet of sales floor area plus 1 stall per employee on the maximum shift, subject to the specific uses set below in divisions (F)(8) through (F)(19).
      (7)   Industrial district - 1 stall per 2 employees on the maximum shift and 1 stall per commercial vehicle;
      (8)   Bar - 1 stall per 3 seats based on the design capacity of the establishment;
      (9)   Cafes, restaurants, and clubs - 1 stall per 75 square feet of dining area plus 1 stall per 2 employees on the maximum shift;
      (10)   Theaters - 1 stall per 3 fixed seats;
      (11)   Professional offices - 1 stall per 400 square feet of floor area, plus 1 stall per 2 employees;
      (12)   Motels and hotels - 1 stall per rental unit plus 5 stalls for employees;
      (13)   Home occupation - 1 stall per 300 square feet of home occupation area;
      (14)   Schools - college and high schools shall have 3 stalls per classroom and 1 for each teacher;
      (15)   Junior and elementary schools shall have 1 stall per teacher;
      (16)   Federal, state, city, and county buildings - shall have 10 stalls plus 1 per 2 employees;
      (17)   Elderly housing - 1 stall per 3 dwelling units;
      (18)   Hospitals, rest homes, and nursing homes - 2 stalls per 1,000 square feet of gross floor area; and/or
      (19)   Churches, auditoriums, and mortuaries - 1 stall per 6 seats.
(Ord. 239, § 1003, passed 1-22-2000) Penalty, see § 10.99

§ 152.129 FIRE HAZARDS.

   Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire fighting and fire prevention equipment and the safety devices as are normally used in the handling of the material. The hazards shall be kept removed from adjacent activities to a distance, which is compatible with the potential danger involved. No liquid propane tanks are allowed in or attached to residential structures.
(Ord. 239, § 1004, passed 1-22-2000) Penalty, see § 10.99

§ 152.130 NOISE.

   Any use established shall be so operated that no undue or objectionable noise, as measured at any property line, shall exceed the minimum standards established by Minn. Rules, Ch. 7030, as it may be amended from time to time. This shall not apply to incidental traffic, parking loading construction, or maintenance operations.
(Ord. 239, § 1005, passed 1-22-2000) Penalty, see § 10.99

§ 152.131 VIBRATION.

   No vibration shall be permitted which is discernible without instruments on any adjoining lot or property. The standard shall not apply to vibrations created during the process of construction.
(Ord. 239, § 1006, passed 1-22-2000) Penalty, see § 10.99

§ 152.132 AIR POLLUTION.

   No pollution of air by fly ash, dust, vapors, odors, smoke, or other substances shall be permitted which are harmful to health, animals, vegetation, or other property, or which can cause excessive soiling. For the purpose of this chapter, the regulations and standards adopted by the Minnesota Pollution Control Agency shall apply.
(Ord. 239, § 1007, passed 1-22-2000) Penalty, see § 10.99

§ 152.133 REFUSE.

   All waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for the purposes. The owner of vacant property shall be responsible for keeping the land or property free of refuse.
(Ord. 239, § 1008, passed 1-22-2000) Penalty, see § 10.99

§ 152.134 ELECTRICAL DISTURBANCES.

   No activity shall emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment on any lot other than that of the creator of the disturbance.
(Ord. 239, § 1009, passed 1-22-2000) Penalty, see § 10.99

§ 152.135 SIGNS.

   (A)   All signs erected or maintained after 1-1-2000, except official, public traffic, and street signs, shall conform with the provisions of this section and other city code provisions. The following regulations shall apply to all signs hereinafter permitted in all zoning districts.
      (1)   Signs shall not be permitted within the public right-of-way or easements.
      (2)   Flashing or rotating signs resembling emergency vehicles shall not be permitted.
      (3)   No sign shall be permitted to obstruct any window, door, fire escape, stairway, or opening intended to provide light, air, or access to any building or structure.
      (4)   Upon notification by the City Council or Zoning Administrator that a sign is rotted, unsafe, or unsightly, the owner of the sign or owner of the property where the sign is located shall remove or repair the sign. If the sign is not removed or repaired, the city shall remove the sign at the owners' expense after notice to the owner of the sign and like notice to owner of the property and hearing thereon.
      (5)   The owner, lessee, or manager of any ground sign and owner of the land on which the same is located shall keep grass or weeds and other growth cut and shall clean and remove debris and rubbish from the lot on which a sign is located.
      (6)   Political signs are allowed in any district on private property with the consent of the owner of the property. The signs must be removed within 7 days following the election to which they apply. All political signs of any size may be posted from August 1 until 10 days following the election.
   (B)   Signs in residential districts shall conform to the following regulations:
      (1)   A nameplate sign identifying the owner or occupant of a building or dwelling unit, provided the sign does not exceed 2 square feet in surface area. The signs may be illuminated;
      (2)   A sign pertaining to the lease or sale of the building or property, provided the sign does not exceed 6 square feet in surface area. The signs may not be illuminated;
      (3)   A temporary sign identifying an engineer, architect, contractor, or product engaged in or use in the construction of a building. This sign may not exceed 4 square feet and must be removed before occupancy of the building. The signs may not be illuminated;
      (4)   One identification sign not exceed 24 square feet in surface area displaying location information for churches, schools, hospitals, nursing homes, clubs, libraries, or similar uses. The signs may be illuminated;
      (5)   Directional, non-illuminated signs not exceeding 2 square feet in surface area displaying directional information for churches, schools, hospitals, nursing homes, clubs, libraries, or similar uses excluding office or commercial establishments. Each use shall be limited to 1 sign per thoroughfare approach; and
      (6)   Public street identification signs, traffic signs, and directional signs in any parking area when the signs are necessary for the orderly movement of traffic.
   (C)   Signs in the commercial districts may be erected in subject to the following provisions.
      (1)   The total surface area of all business signs on a lot shall not exceed 2 square feet per lineal foot of lot frontage or 10% of the building frontage area or 75 feet in area, whichever is less. Signs may be illuminated.
      (2)   Advertising sign structures shall be limited to 1 for a lot of 100-foot frontage or less and to only 1 for each additional 100 feet of additional lot frontage.
      (3)   The advertising structure may not contain more than 2 signs per facing, nor exceed 55 feet in total length.
      (4)   No advertising sign may be erected within 100 feet of an adjoining residential district.
      (5)   For corner lots, the frontage used to determine allowable sign area shall be the least dimension along a street, but an equivalent sign area shall be allowed facing the intersecting street.
      (6)   No sign shall project higher than 6 feet above the height of the building or 32 feet above the average grade at the building line, whichever is greater.
      (7)   Signs painted on a building shall be governed by the square footage limitations specified in this section. The signs shall be maintained in good condition and shall be repainted, removed, or painted out when, in the opinion of the City Council or Zoning Administrator, they are not so maintained.
      (8)   Where a sign is illuminated, the source of light shall not be visible from any public right of way, and the light shall be directed away from any residential district.
      (9)   No signs shall project more than 1-foot perpendicular to the building.
      (10)   Rotating or flashing signs shall not be permitted.
   (D)   Signs in the industrial districts may be erected subject to the following.
      (1)   Advertising sign structures shall be limited to 1 for a lot of 100-foot frontage or less, and to only 1 for each additional 100 feet of additional lot frontage. The structures shall not exceed 55 feet in length. No advertising sign may be erected within 100 feet of a residential district. The signs may be illuminated.
      (2)   Sign lighting shall not be directed toward public rights-of-way or any residential district.
      (3)   The total surface area of all business signs on a lot shall not exceed 3 square feet per lineal foot of lot frontage or 20% of the building frontage or 300 square feet in area, whichever is less. The signs may be illuminated.
(Ord. 239, § 1010, passed 1-22-2000) Penalty, see § 10.99

§ 152.136 AWNINGS, MARQUEES, AND CANOPIES.

   (A)   This section shall apply to all commercial districts with the following provisions.
   (B)   (1)   Movable awnings of cloth supported on metal frames may project to street curb lines when lowered for use. No awnings shall be less than 7 feet above the level of the sidewalk. This includes the metal frame of the awning.
      (2)   No marquee or fixed awning shall be erected as to project over the street line, unless permission shall have been secured by the City Council.
      (3)   Every marquee or fixed awning shall have its framework constructed of products approved by the City Building Inspector and shall be so designed as to safely sustain a load of at least 50 pounds per superficial foot of its upper surface. Whenever glass is used as the roof of a marquee or fixed awning, it shall be wire glass and not less than 3/8 inch in thickness.
      (4)   In the case of roadway of any public street is widened hereinafter, all existing marquee, awnings, or fixed awnings extending or projecting over the street shall either be removed or brought into conformity with the requirements of this section.
      (5)   No marquee or fixed awning shall be less than 7 feet above the level of the sidewalk. Each marquee or fixed awning shall have rain gutters and drainpipe to direct rain or snow melt away from the street and sidewalk.
      (6)   No marquee or fixed awning may be supported by columns or posts that are located within the street.
      (7)   Where a marquee or fixed awning is to be supported by beams, columns, rod, or chain to the building, the marquee or fixed awning shall receive written approval from the City Building Official and shall be subject to a city building permit.
(Ord. 239, § 1011, passed 1-22-2000) Penalty, see § 10.99

§ 152.137 BUILDING PERMITS.

   Building and/or land use permits are required for remodeling, building, relocation and demolishing a structure within the city limits. Building and/or land use permits are required for the construction or relocation of storage building and private swimming pools within the city limits.
(Ord. 239, § 1012, Am. #4, passed - -2004; Am. Ord. 7, Second Series, passed 9-24-2007) Penalty, see § 10.99

§ 152.138 RELOCATION OF STRUCTURES.

   (A)   Permit required. A building permit is required before raising, holding up or moving any building. An application for the permit shall designate the origin and destination fo such building, the route over which it is to be moved and the time in which the moving of such building shall be issued.
   (B)   Value of building. The building to be moved, after being moved, must be worth at least 50% of the cost of a similar new building, as determined by the Zoning Administrator.
   (C)   Sewer charges, water bills and the like. All sewer charges and water bills payable against the property from which the building is to be moved have been paid and that all sewer and water connections have been plugged or discontinued at the main, that all cess pools, septic tanks and cisterns have been filled, all other hazards have been eliminated and all taxes against the property have been paid in full.
   (D)   Compliance with Building Code, ordinances and the like.
      (1)   The building to be moved must comply in all respects with the State Building Code and other applicable ordinances; provided, the person proposing the structure relocation may present to the Zoning Administrator and the Building Official complete and detailed plans showing changes which will be mad in order to attain compliance with the ordinances.
      (2)   In the event that such changes are proposed, a permit authorizing the moving of the building shall not be issued until the owner has agreed in writing to complete the necessary changes within a period of 1 year, the Zoning Administrator has approved the plans, the building permit fee has been paid and the building permit issued, and a performance bond guaranteeing completion of the changes, and equal to at least 1½ times the cost of the proposed work as estimated by the Zoning Administrator and the Building Official has been posted with the city. That upon compliance with divisions (B) and (C) the Zoning Administrator, licensee and applicant shall submit the application to the Planning Commission for approval and recommendations to the City Council at the next stated meeting of the Commission.
   (3)   The Planning Commission shall determine whether such application shall conform to the immediate surrounding community. In every case in which a permit is issued, as herein provided, for the removal required or the displacement of any overhead electrical or other wires, it shall be the duty of the person, association, or corporation owning, operating or controlling such wires to remove or displace the same, so far as the same may be necessary to effect the removal thereof, shall be authorized by the permit.
   (E)   Notice. The person to whom the permit shall have been issued shall notify the person, association, or corporation owning, operating or controlling the wire to remove or displace the same to facilitate the removal of the building, and shall at the same time exhibit to the person, association, or corporation the properly issued permit authorizing the removal of the wires sufficiently to allow the passage of the building along the street over which the wires are suspended.
   (F)   Any expenses incurred or to be incurred in the moving, removing or displacing of the wire shall be paid for by the person who make application for the permit.
(Ord. 239, § 1013, Am. #4, passed - -2004) Penalty, see § 10.99

§ 152.139 PRIVATE SWIMMING POOL.

   (A)   Definition. In this chapter PRIVATE SWIMMING POOL means any pool, tank, depression or excavation in or above ground, or other structure which shall cause retaining of water over a greater depth than 18 inches and/or having a larger plane surface of water greater than 150 square feet and which shall be designed or used for swimming, wading or immersion purposes by individuals, used or intended to be used solely by the owner, lessee or tenant thereof and his or her family and by friends invited to use it without payment of any fees.
   (B)   Permit.
      (1)   It shall be unlawful for any person to construct, alter or repair a private swimming pool within the city without first having secured a permit therefor from the Building Official. An application for this permit shall be made on such forms as may be furnished by the city, and shall be accompanied by complete plans and specifications for the pool including the type and location thereof with respect to the boundary lies of the land of the applicant. The applicant shall pay the fees established by resolution for such permit.
      (2)   The Building Official may revoke any permit for failure to comply with this chapter. Before a permit is revoked, the pool owner shall have notice in writing listing and describing the instances of failure to comply with this chapter. The permit shall be reissued upon proper application and upon presentation that the deficiencies causing revocation have been corrected.
      (3)   It is unlawful for any person to own or maintain a private swimming pool that does not comply with this section.
      (4)   Setback requirements; location generally; drainage generally.
   (C)   Location of pool. Pools for which a permit is required under this article shall not be located within 10 feet of any side or rear lot line not within 6 feet of any principal structure or frost footing. Pools shall not be located closer than 10 feet to any portion of a private sewage system. Pools shall not be located within any required front yard. Pools shall be drained to the street storm sewer system unless otherwise authorized by the city.
   (D)   Fences.
      (1)   All private swimming pools shall be completely surrounded by a fence or wall not less than 4 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in vertical or horizontal direction, except for doors and gates. The fence shall be of a type not readily climbed by children. A dwelling or accessory building may be used as part of such enclosure. An above-ground pool with a wall greater than 4 feet in height does not require a fence if the wall cannot be readily climbed by children.
      (2)   All gates or doors opening through the enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all time when not in actual use and be provided with hardware for permanent locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates shall be locked when the pool is not in use.
   (E)   Temporary fences. When it is necessary to fill the pool prior to installation of the required fencing, a temporary fence (such as a snow fence) may be installed in a substantial manner; with the approval of the Building Official. The maximum time allowed for a temporary fence shall be 30 days.
   (F)   Fencing standards. Fences must comply with the fence standards specified in this chapter.
   (G)   Outdoor pool enclosures. Outdoor pool enclosures, permanent or inflated shall be constructed in accordance with the Minnesota State Building Code including appendix Chapter 55 (membrane structures). Enclosures shall be of a neutral color and designed to blend with the existing surroundings. The enclosure shall not exceed in height, the principal structure on the property nor shall the enclosure be more than 18 feet in height.
   (H)   Above ground pools. Above ground private swimming pools shall be protected in such a way that access ways, other than those afforded by the dwelling house or accessory buildings, shall be equipped with self-closing and self-latching gates or doors so these gates or doors are kept securely closed at all times when not in actual use.
   (I)   Pool covers. Pool covers, whether they can be locked or not, do not alone meet public safety requirements if the cover is of the type that can collect and hold natural water.
   (J)   Lighting, ventilation and electrical requirements.
      (1)   Underwater lighting. Where underwater lighting is used, the lights shall be spaced to provide illumination so that all portions of the pool and pool bottom may be readily seen without glare.
      (2)   Electrical wiring. All electrical wiring shall conform with the National Electrical Code approved by the National Fire Protection Association and shall be approved by the National Underwriters Laboratory and the state electrical inspector, with particular reference to Article 680-20 of the National Electric Code.
      (3)   Grounding underwater lights. Each underwater light shall be individually grounded by means of a crewed or bolted connection the metal junction boxes which the branch circuit to the individual light precedes. Such junction boxes shall not be located in the pool deck.
      (4)   Location of wiring. Service drop conductors and any other open overhead wiring shall not be installed above the swimming pool or surrounding area extending 10 feet horizontally from the pool edge, or dividing structure, observation stands, towers or platforms.
      (5)   Shielding lights. Lights used to illuminate any private swimming pool shall be so arranged and shaded as to reflect light away from adjoining premises.
   (K)   Life-saving and emergency equipment.
      (1)   All private swimming pools shall have life-saving equipment consisting of at least:
         (a)   One ring buoy not more than 15 inches in diameter to which is attached a rope 3/16-inch in diameter and of a length at least equal to the greatest dimension of the swimming pool.
         (b)   One life pole, or shepherd’s crook type of pole at least 10 feet long and having blunted ends, shall be provided.
         (c)   Emergency flood lighting that is electrically connected to a different circuit than used by the pool.
      (2)   The emergency equipment shall be used for emergency purposes only.
   (L)   Polluted water. No body of water whether it be natural or an artificial body of water in the city, which contains sewage, waste, or other contaminating or polluting ingredients rendering the water hazardous to health shall be used for swimming or bathing by any person or persons.
   (M)   Water left standing. Water shall not be allowed to remain in any unused or abandoned pool.
   (N)   City water supply.
      (1)   Cross connections. There will be no cross-connections of the city water supply with any other source of water supply for the pool. The line from the city water supply to the pool shall be protected against backflow of polluted water by means of either an air gap, vacuum breaker or other adequate device to prevent back siphonage.
      (2)   Bacteriological quality of water. A sample of private swimming pool water shall be considered satisfactory when the total bacterial count at 35 degrees centigrade does not exceed 200 colonies per milliliter and no organisms of the E.Coli group are present in a 10 milliliter portion or 100 milliliter portion as determined by the membrane filter method. If more than 1 sample out of 7 collected on different dates is unsatisfactory procedures and interpretations relating to bacteriological quality shall be done in accordance with the Standard Methods for the Examination of Water, Sewage and Industrial Wastes, 11th Edition.
   (O)   Pool filters.
      (1)   Every private swimming pool shall be equipped with a recirculating system capable of filtering the entire contents of the pool in 12 hours or less.
      (2)   Filters shall be capable of maintaining the clarity of the water to permit the ready identification, through an 8-foot depth of water, of a disc 2 inches in diameter which is divided into 4 quadrants in alternate colors of red and white.
      (3)   Filter capacity shall be such that it need not be cleaned more frequently than once every 4 days under proper conditions of water and operation.
      (4)   All pressure filters shall be equipped with influent and effluent pressure gages to determine the pressure differential and frequency of cleaning. All other filters shall be equipped with at least 1 pressure vacuum or compound gauge, as applicable, which shall be positioned in such a way as to determine the differential across the filter and the need of cleaning.
      (5)   All pressure filter systems shall be equipped with an air release at the high point in the system.
      (6)   Operating instructions shall be posted on every filter system. All valves shall be properly designated, indicating their purpose.
      (7)   When dissimilar metals are used in the construction of the filter, which may set up galvanic currents, then suitable provision shall be made to resist electrolytic corrosion.
      (8)   Filters so designated and installed that they can be readily disassembled and the filter elements removed.
      (9)   Disinfection and chemical conditioning: Provisions shall be made for the introduction into each private swimming pool water of accurate and controlled applications of a disinfectant in sufficient quantities to attain and maintain efficient bactericidal action while the pool is in use.
      (10)   Suitable methods shall be available to maintain a pH of the pool water between 7.2 and 8.2 and to maintain an alkalinity of not less than 50 ppm.
      (11)   The devices used to apply chlorine or its equivalent as a disinfectant shall be of such capacity as to maintain in all areas of the swimming pool at all times at least 0.5 ppm of free available residual chlorine or a residual level of another approved disinfectant which shall be of at least a proven equivalent disinfecting strength as 0.5 ppm of fee available residual chlorine.
   (P)   Chemical storage. The storage of chemicals shall meet the requirements of the Uniform Fire Code.
   (Q)   Unnecessary noise. It shall be unnecessary for any person to make, continue or cause to be made or continue at any private swimming pool or family pool any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In the operation of a swimming pool, the use of permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool premises shall be unlawful.
(Ord. 239, § 1014, Am. #4, passed - -2004) Penalty, see § 10.99

§ 152.140 DEMOLITION PERMITS.

   (A)   It is unlawful for any person to demolish or cause to be demolished any building or structure without first obtaining a permit therefor from the city. Application for this permit shall be made at least 10 days prior to commencement of the demolition, together with payment of the required fee and deposit.
   (B)   It is the responsibility of the party holding the permit to complete the following:
      (1)   The removal of all resulting debris, including but not limited to foundations, footings, floor slabs, chimneys and stairs, and the transportation and deposition of this material in an appropriate licensed landfill; and
      (2)   The termination of utility service in a manner and form satisfactory to the City Council.
(Ord. 239, § 1015, Am. #5, passed - -2005) Penalty, see § 10.99