West Unity City Zoning Code
CHAPTER 1153
Special Provisions For Residential Uses
1153.01 SWIMMING POOLS.
A private swimming pool not including farm ponds, shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet. No such swimming pool, exclusive of portable swimming pools with a diameter less than twelve feet or with an area of less than one hundred square feet, shall be allowed in any “C” or “R” District except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(b) It may not be located, including any walks or paved areas or accessory structure adjacent thereto, closer than six feet to a property line of the property on which located.
(Ord. 411. Passed 12-4-75.)
(c) The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall to be not less than four feet in height and maintained in good condition, with a gate and lock. Said fence or wall does not apply to pools entirely above ground.
(d) See yard requirements Section 1145.03(a)(9).
(Res. 2004-10. Passed 7-22-04.)
1153.02 OUTDOOR WHOLE HOUSE BURNING DEVICES.
(a) Any whole house burning device (alternative heat source) located and used within the Village of West Unity shall either be completely enclosed within a structure intended for human occupancy or enclosed in a permanent structure as defined in subsection (b) hereof.
(b) For the purpose of subsection (a), a permanent structure shall be deemed to be a structure completely enclosed, built on a foundation made of concrete, and otherwise constructed in conformance with all applicable zoning laws.
(c) Installation and operation of any whole house burning devices (alternative heat source).
(1) The whole house burning devices (alternative heat source) shall comply with manufacturer specifications with respect to installation and operation.
(2) The whole house burning devices (alternative heat source) shall comply with all applicable state and federal laws.
(3) Any whole house burning devices (alternative heat source) shall not be located within thirty feet from the front and side property line and 30 feet from the rear property line.
(4) Any whole house burning device (alternative heat source) located within a structure that is not intended for human occupancy shall have a chimney stack which is at least two feet above the roof line of the highest structure located within 250 feet of the subject property.
(5) Whole house burning devices (alternative heat source) which are designed to heat structures twenty-five percent (25%) greater than the size of any structure on the property shall not be permitted.
(6) No fuel other than natural wood, without additive, wood pellets without additives and agricultural seeds in their natural state may be burned in any whole house burning devices (alternative heat source).
(7) A whole house burning devices (alternative heat source) shall only be operated between November 1st through April 1st.
(8) To the extent a building permit is required to construct any permanent structure intended to enclose whole house burning devices (alternative heat source), at the time of application for such permit, there shall be submitted a copy of the manufacturer’s specifications and any owner’s manual pertaining to the subject whole house burning devices (alternative heat source).
(d) Nothing contained herein shall authorize any installation or operation of a whole house burning devices (alternative heat source) that constitutes a public or private nuisance. Compliance with this section shall not be a defense to any civil or criminal action for nuisance.
(e) “Whole house burning devices (alternative heat source)” means any device that is designed or intended to burn wood, wood by-product, agricultural materials, or any other similar material, for the purpose of providing a source of heat, either directly or indirectly, to any structure or appurtenance thereto.
(Ord. 01-2006-03. Passed 2-9-06.)