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1976-109A OrdinanceORDINANCE 1976- ~09A (Revised 11/15/76) Offered by Councilwoman McKinney AN ORDINANCE REPEALING SECTION 1276.01, 1276.02 AND 1276.05 OF THE CODIFIED ORDINANCES AND ENACTING SECTIONS 1276.01, THROUGH 1276.99 INCLUSIVE PERTAINING TO FAMILY SWIS~MING POOLS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN, OHIO; Section 1- Sections 1276.01, 1276.02 and 1276.05 of the Codified Ordinances of the City of Fairlawn, Ohio are hereby repealed. Section 2: Chapter 1276 of the Codified Ordinances of Fairlawn, Ohio, shall read as follows: CHAPTER 1276 Swimming Pools the City of 1276.01 Family Swimming Pool 1276.06 Defined 1276.07 1276.02 Permit Required 1276.08 ]276.05 Plans Submissi on 1276.0,~ Location 1276.09 1276.05 Enclosure of Pools 1276. lO 1276.99 General Provisions Building Permit Restriction on First Use Inspection Association Pool R. egulation' Penalty 1276. O1 FAMILY SWIMMING POOL DEFINED As used in this chapter "family swimming pool" means and includes the following: (a) The definition provided in Section 1250.05 (qT); (b) Any pool built and maintained upon land upon which is situated an apartment building or other multifamily project for the exclusive use of dwellers therein or their nonpaying guests; (c) Nonprofit associations composed exclusively of residents of the City joined together for recreational or athletic pur- poses, whether by corporate charter or by private agreement, limited or unlimited as to liability and owning or holding land wherein such swimming pool, for athletic purposes, may be constructed or maintained subject to the regulations set forth in Section 1276.10. As used in Chapter 12, Codified Ordinances of the City of Fairlawn, "family swimming pool" is declared to be an accessory use and Ohio, _ accessory building in residentially zoned use districts. 1276.02 PERMIT REQUIRED' No family swimming pool shall be constructed, installed or enlarged until a zoning permit of occupancy is first obtained from the Zoning Inspector. 1276.05 PLANS SUBMISSION Every applicant for a zoning permit of occupancy shall submit to the Zoning Inspector, as part of the application~ detail plans that accurately show each item required by this chapter. 1276.Oq (a) LOCATION No swimming pool or part thereof shall be located nearer than tern feet to the sides or rear line of the '}ot or parcel upon which it is situated, or nearer to any street on which such lot or parcel abuts than a distance ten feet greater than the building setback line as fixed by the Zoning Ordinance. The area of the pool proper, exclusive of decks, walks and other appurtenances, shall not exceed 15~ of the area of the lot or parcel on which it is situated. page one 1976-109A ORDINANCE 1976 - 109A (c) (a) Pumps, filters and pool water disinfection equipment instal- lations shall be located at a distance not less than ten (10) feet from any side or rear property line. No outdoor swimming pool or part thereof shall be installed within a front yard. 1276.05 (a) (b) 1276.06 (a) (b) (o) ENCLOSURE OF POOLS Every family swimming pool shall be completely surrounded by a permanent fence or wall not less than four feet in height, which shall be so constructed as not to have open- ings, holes or gaps larger than four inches in any dimension~ except for doors and gates. If a picket fence is erected or maintained~ the horizontal dimension shall not exceed four inches. All fences shall be constructed so that horizontal members are on the pool side of the enclosure. An accessory building or a dwelling house may be used as a part of such enclosure of a family pool. Fence m~y be around the yard or only the pool area. E~ch gate or door.opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling~ which forms a part of the enc losure~ need not be so equipped. GENERAL PROVISIONS All lights used for illuminating such pool or the surround- ing areas shall be so designed, located and installed as to confine the direct beams to the lot or parcel on which the pool is located~ and so as not to constitute a nuisance or undue annoyance to occupants of abutting property. It shall be unlawful for any person to make, continue or cause to be made or continued at any pool~ any loud~ unnec- essary or unusual noise or any noise which annoys~ disturbs.~ injures or endangers the comfort, repose, health, peace or safety of others. Every swimming pool shall be maintained in a clean and sanitary condition ; and all equipment shall be maintained in a satisfactory operating condition during periods the pool is in use. No swimming pool shall be used, kept, maintained or ope rated in the city, if such use~ keeping, maintaining or operating shall occasion a resultant nuisance or create a health detriment. 1276.07 (a) (b) (o) (d) BUILDING PERMIT Part lq of the Codified Ordinances of the City of Fairlawn shall be complied with prior to the commencement of any construction on a family swimming pool. Each applicant for a building permit for a family swimming pool shall be responsible for the payment of all inspection fees char~ed by any agency designated by the City of Fairlawn. Each applicant for a building permit for a family swimming pool shall submit detail plans that accurately show dimen- sions, and construction of the pool and all appurtenances and amenities thereto. No building permit shall be issued unless the plans comply fully with the provisions of Part lq and the applicable 5uilding code, electrical code~ plumbing code and pertinent rules and regulations of the.Summit County Health Department pertaining to swimming pools ]aw£ully adopted, enacted or in force at the time of said application. In no event shall any current aarrying electrical conductors cross a family swimming pool above ground, on the ground or underground, or within fifteen (15) feet of such pool except only for underwater lights which shall conform to the appli- cable electrical code. page two 1976- 109A I ORDINANCE 1976 - lC, (e) Pools shall be equipped with facilities for complete empty- ing of the pool and discharge of pool water into a storm sewer and shall be at a rate not exceeding two hundred fifty (250) gallons per minute. Water drained from a pool shall not be discharged directly into a storm sewer without prior approval from the Street Commissioner and the Summit County Health Department. Water shall not be drained from a pool during periods of rain or wi thin twenty- four (2~) hours after a period of rain. Construction must start within 90 days after obtaining of permits and be finished within 180 days after beginning of construction or all permits shall be cancel]ed. 1276.05 RESTRICTION ON FIRST USE No swimming pool shall be used until a final inspection and approval is obtained from the Building Commissioner, the Summit County Health Department and the designated electrical and plumbing inspection agency. 1276.09 INSPECTION The Building Commissioner and the Summit County Health Department shall have the right to inspect any swimming pool at any reasonable hour to ascertain compliance with the provisions of this chapter. 1276.10 ASSOCIATION POOL REGULATIONS No association swimming pool or other athletic grounds may be erected, constructed or maintained within an R-l, R-2, or R-~ Residence Dis'trict except in accordance with the following regulations: (a) A complete plot plan showing all pertinent dimensions together with all elevations and specifications shall be submitted to the Planning Commission, together with an application for such use. (b) No swimming pool or athletic field may be located within two hundred fifty (250) feet of any residence, home or multi-family use then existing. (c) No such use shall be granted unless all occupants and owners of lots within five hundred (500) feet of such proposed use have been served by certified mail, return receipt requested, with written notice together with a plot plan of such pro- jected use showing the location of the various activities thereon proposed as well as adjoining lando~mers. (d) A deposit of seventy-five dollars (~75.00) shall accompany the application to cover the cost of advertising and notices required herein. (e) The Planning Commission shall make a recommendation for or against the proposed uses prior to the public hearing before Council. (f) No use under this section may be granted except upon enact- ment of an ordinance by Council. 1276.99 PENALTY Whoever violates or fails to comply wi%h any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation or noncompliance occur~ or continues. Section ~- That it is hereby found and determined that this legisla- tion complies with Section 121.22, O.R.C. regardin~ notification of meetings and all deliberations of this Council pertainin~ hereto have been conducted in accordance therewith. Section ~- This ordinance shall be in full force and effect from and after thirty (~0) days after its first publication by posting. Enacted- December 20, 1976 Wi lliam F Clerk of Council ,, · - ~Riehard 12. Lowry Pres'ident of Council Approved- December 22. 1976 Approved as to Form- · .. .... .f -y .' .? .', -~obert H. Maxson Director of Law