Chapter 17.40


17.40.010    Permitted uses.

17.40.020    Compliance.

17.40.030    Exemptions.

17.40.040    Associations, partnerships or corporations.

17.40.050    Deleted.

17.40.060    Fences.

17.40.070    Accessory structures.

17.40.080    Setbacks.

17.40.090    Retaining walls.

17.40.010 Permitted uses.

Noncommercial parks, playgrounds, swimming pools, tennis courts, badminton or other sports courts and similar recreational facilities are permissible uses in R-1, G-1, and S-1 zoning districts, subject, however, to all restrictions contained in the applicable zoning district. (Ord. 805 § 1, 1999; Ord. 553 § 1, 1986; Ord. 74 § 9(B)(1), 1959)

17.40.020 Compliance.

All recreational facilities must comply with all applicable state, county and local regulations and ordinances. Compliance shall be evidenced by the posting of a use and occupancy permit and the facility shall be subject to such inspections as the issuing authority shall deem necessary. (Ord. 805 § 1, 1999; Ord. 74 § 9(B)(2), 1959)

17.40.030 Exemptions.

Recreational facilities under single ownership and adjacent to the residence of the owner which are accessory to the residential use are not subject to a use and occupancy permit. (Ord. 805 § 1, 1999; Ord. 74 § 9(B)(3), 1959)

17.40.040 Associations, partnerships or corporations.

Associations, partnerships or corporations formed for the purpose of providing recreational facilities must satisfy the following requirements:

A. Be nonprofit;

B. All members must be residents of the city;

C. When applying for a building permit, present complete plans and specifications showing the ultimate development of the area zoned and showing compliance with Chapter 17.52 CHMC as well as other applicable regulations and ordinances;

D. Recreational facilities planned for the use of residents in the immediate vicinity and further planned in such a way that no present or future vehicular transportation is involved need not comply with the parking area requirements of Chapter 17.52 CHMC. In all cases where use or construction of this particular type of facility would require right of use of property owned by others, appropriate easements shall be executed and made a matter of record. Life of said easements shall be for the life of the facility where construction and utility features are involved. (Ord. 805 § 1, 1999; Ord. 74 § 9(B)(4), 1959)

17.40.050 Public hearing.

Deleted by Ord. 805. (Ord. 74 § 9(B)(5), 1959)

17.40.060 Fences.

Fences in excess of six feet shall be permitted around tennis courts, paddleball courts, squash courts, and game courts of similar nature, provided they meet setback requirements. Whenever a fence is placed on top of a retaining wall, the height of the fence and the retaining wall together shall be deemed to be the height of the fence as measured from the original grade. (Ord. 805 § 1, 1999; Ord. 430 § 3, 1981; Ord. 354 § 3, 1975; Ord. 74 § 9(B)(6), 1959)

17.40.070 Accessory structures.

Fences in excess of six feet in height, light standards, posts, and other related structures shall be classified as accessory structures, and shall therefore conform to the requirements for said structures as contained in this title, including setback requirements, along with the following restrictions:

A. Permitted recreational fences shall be limited in height to 12 feet above original grade. Fences shall be openwork. An openwork fence is one in which component solid portions are evenly distributed and constitute no more that 20 percent of the total surface of the face of the fence. Recreational fences in excess of six feet in height, including the height of any retaining wall, shall have a minimum setback of 10 feet from the property line. Whenever a recreational fence is placed on top of a retaining wall, the retaining wall shall not exceed 30 inches in height as measured from original grade in any of the required yard area, and whenever a fence is placed on top of a retaining wall the height of the fence and the retaining wall together shall not exceed said 12-foot height above original grade.

B. Light standards 12 feet or less in height shall have a minimum setback of three feet from any property line. Lights shall generally be oriented or shielded such that they do not shine onto neighboring properties, and in no event shall light standards have a maximum height exceeding 18 feet above original grade. (Ord. 805 § 1, 1999; Ord. 430 § 3, 1981; Ord. 354 § 3, 1975; Ord. 74 § 9(B)(7), 1959)

17.40.080 Setbacks.

Setbacks shall not be required for game courts in and of themselves. If fences and light standards and other accessory structures are used for game courts, then said accessory structures must meet the setback requirements of this title, as modified by CHMC 17.40.070. (Ord. 805 § 1, 1999; Ord. 430 § 3, 1981; Ord. 354 § 3, 1975; Ord. 74 § 9(B)(8), 1959)

17.40.090 Retaining walls.

Retaining walls used in the construction of recreational facilities shall meet the requirements of CHMC 17.37.010. (Ord. 805 § 1, 1999; Ord. 430 § 3, 1981; Ord. 354 § 3, 1975; Ord. 74 § 9(B)(9), 1959)