Chapter 16-68
FENCES AND SWIMMING POOLS

Sections:

Article I. Fence Regulations

16-68-010    Purpose for fence regulations.

16-68-020    General regulations—All districts.

16-68-030    Fence regulations for residential districts.

16-68-040    Fence regulations for commercial, industrial and institutional districts.

16-68-050    Intersection visibility requirements.

16-68-060    Nonconforming fences.

Article II. Swimming Pool Regulations

16-68-070    Purpose.

16-68-080    Access ladders.

16-68-090    Classification.

16-68-100    Covers.

16-68-110    Drainage.

16-68-120    Electrical clearance.

16-68-130    Enclosure.

16-68-140    Filters.

16-68-150    Permits.

16-68-160    Safety requirements.

16-68-170    Setback requirements.

Article I. Fence Regulations

16-68-010 Purpose for fence regulations.

The purpose for establishing fence control legislation is to provide orderly development of fences, hedges, walls or similar structures that prevent ingress or egress to or from a premises. The intent of this provision is to establish height and visibility requirements for fences erected in the city. Any fence, hedge, wall or similar structure that does not comply with this chapter will be prohibited. (Ord. 2286 § 22.0, 1982)

16-68-020 General regulations—All districts.

A.    No fence, hedge, wall or similar continuous structure shall be erected, placed or allowed to grow within three feet of the right-of-way of a public alley from a premises.

B.    No fence or wall shall be electrically charged or contain broken glass, spikes or sharp and dangerous objects.

C.    Barb wire may be used on the top portion of a permitted fence or wall if located six feet above the ground level and approval has been granted from the director of planning. Barb wire fences are not permitted on any residential lot.

D.    No fence shall be erected without a permit issued by the planning department.

E.    All fences, hedges, walls or similar structures permitted in this chapter shall be located entirely on the zoning lot of the permittee. (Ord. 2286 § 22.1, 1982)

16-68-030 Fence regulations for residential districts.

Fences, walls, hedges or similar continuous structures erected in the residential district shall not exceed the following height requirements:

Rear

six feet;

Side

four feet.

(Ord. 2286 § 22.2, 1982)

16-68-040 Fence regulations for commercial, industrial and institutional districts.

Fences erected in the commercial, industrial and institutional districts shall not exceed the following height requirements:

Front

six feet;

Rear

six feet;

Side

six feet.

(Ord. 2286 § 22.3, 1982)

16-68-050 Intersection visibility requirements.

A.    A corner lot in any district shall maintain a clear line of site from the approach of a intersection fifty (50) feet to the line of intersection. (See figure below.)

B.    Intersections of driveways and alleys with streets; the minimum clear line of site permitted is eight feet from the point of intersection of such driveway or alley lines and such lot lines. (See figure below.)

C.    No fence, hedge, wall or similar structure shall be erected, placed or allowed to grow in such a manner as to impede vision between a height of three feet and eight feet above the established road bed.

(Ord. 2286 § 22.4, 1982)

16-68-060 Nonconforming fences.

A fence lawfully existing or under construction on the adoptive date of the ordinance codified in this title, which does not conform to the regulations contained herein, may be continued or maintained, but may not be replaced, structurally altered, reestablished if destroyed or damaged to the extent of fifty (50) percent or more of its value. (Ord. 2286 § 22.5, 1982)

Article II. Swimming Pool Regulations

16-68-070 Purpose.

The purpose for establishing swimming pool regulations is to provide minimum safety standards and setback requirements. The intent of the legislation is to protect the health, safety, morals and general welfare of the citizens of Harvey. Any swimming pool that does not comply with this chapter will be prohibited. (Ord. 2286 § 22.6, 1982)

16-68-080 Access ladders.

Access ladders installed to provide access to the pool surface shall be locked or otherwise secured, when the pool is unattended and out of use beyond a reasonable period of time. (Ord. 2286 § 22.7(1), 1982)

16-68-090 Classification.

Any aboveground fixed or portable swimming pool or built-in-the-ground swimming pool will be considered as a permitted accessory structure in all residential districts. (Ord. 2286 § 22.7(2), 1982)

16-68-100 Covers.

Swimming pools shall be covered with covers specifically designed for the purpose when the pool is unattended and out of use beyond a reasonable period of time. (Ord. 2286 § 22.7(3), 1982)

16-68-110 Drainage.

Swimming pools and equipment shall be designed to be completely emptied of water and discharged water shall be disposed of in an approved manner that will not create nuisance to adjoining property. (Ord. 2286 § 22.7(4), 1982)

16-68-120 Electrical clearance.

Service drop connectors shall not be installed above the swimming pool or surrounding area extending ten feet horizontally from the pool edge, or diving structure, obstruction stands, towers or platforms. No open overhead wiring shall be installed in the pool area. All portable swimming pools requiring electrical equipment shall have no electrical outlet located closer than ten feet from the pool and constructed of weatherproof type of wiring. (Ord. 2286 § 22.7(5), 1982)

16-68-130 Enclosure.

The pool area surrounding a swimming pool shall be completely enclosed by a fence, wall or childproof protected barrier to the height of four feet above the pool level. A self-closing gate must be attached to the enclosing structure and furnished with a lock or catch. Placed at least forty (40) inches above the ground level. (Ord. 2286 § 22.7(6), 1982)

16-68-140 Filters.

Swimming pools shall be equipped so that there is a pool water turnover at least once every twelve (12) hours and that the filtering rate shall not exceed fifteen (15) gallons per minute per square foot of surface area. (Ord. 2286 § 22.7(7), 1982)

16-68-150 Permits.

No swimming pool shall be constructed or erected without a permit issued by the planning department. (Ord. 2286 § 22.7(8), 1982)

16-68-160 Safety requirements.

Swimming pool construction and operation shall comply with all municipal, county or state health and safety requirements. (Ord. 2286 § 22.7(9), 1982)

16-68-170 Setback requirements.

All swimming pools constructed in the city must comply with the regular setback requirements established for accessory structures. (Ord. 2286 § 22.7(10), 1982)