HomeMy WebLinkAboutZ-309 Swim Pool Accessory UseORDINANCE Z-309
AN ORDINANCE TO AMEND THE ZONING ORDINANCE
OF THE CITY OF CARMEL, Z-259,
AS AMENDED, WHICH REPEALS AND REPLACES
EXISTING SECTIONS 5.3.1 & 5.3.2 ENTITLED
SWIMIVflNG POOL ACCESSORY USE ORDINANCE
AN ORDINANCE OF THE COM/VlON COUNCIL OF THE
CITY OF CARMEL, ]INDIANA, AMENDING CHAPTER 10,
ARTICLE , BY THE INCLUSION OF CHAPTER 10, SECTION 5,
ENTITLED ACCESSORY USE ORDINANCE
WHEREAS, the Carmel\Clay Plan Commission established a Comprehensive Plan as
required by statute; and
WHEREAS, pursuant to I.C. 36-7-4-601, in order to secure adequate lighting, air,
convenience of access, and safety from fire, flood, and other damage; lessen avoid congestion
in public way; promote the public health, safety, comfort, morals, convenience and general
welfare; and
WHEREAS, the Carmel\Clay Plan Commission has determined that it be in the best
interest of the Zoning Ordinance to amend Sections 5.3.1 & 5.3.2.
NOW, THEREFORE, BE IT ORDAINED BY THE COlVfMON COUNCIL OF TH2E
CITY OF CARMEL, INDIANA, that it approves the amendment to the Carmel\Clay Zoning
Ordinance Z-289, as amended, and repeals and replaces existing Sections 5.3.1 & 5.3.2, which
reads as follows:
5.3.1 Accessory uses and structures are permitted under the following conditions:
(1) They do not alter or change the character of the premises;
(2) They are on the same property as the principal structure to which they are
accessory;
(3) They are not attached to the principal structure, with the exception of an
allowable uniform and continuous roof supported by customary supports or joists,
and no other connection or attachment between the structures exists;
(4) They are not erected prior to the erection of the principal building;
(5) They do not exceed eighteen (18) feet in height;
(6) When detached from the principal building, they are set back seventy-five
(75) feet or more from the front lot line. Comer lots and through lots are exempt
from this paragraph 6.
(7) When closer than ten (10) feet to main building, they shall be considered as
part of the main building and shall be provided with the side and rear yards
required for the main building; and
($) When more than ten (10) feet from a main building, they may be erected
within five (5) feet, or easement plus three (3) feet, of a side or rear lot line, but
not within any easement.
5.3.2 A private swimming pool may be permitted as an accessory use.. No swimming
pool or its deck shall be closer than ten (10) feet to the property line or less than the
minimum setback, whichever is greater. For purposes for safety, the following shall
apply:
(1) wails or fencing deemed to be impenetrable by the enforcing authority, that is
not less than five (5) feet high completely surrounding the swimming pool and the
deck area with exception of self-closing and latching gates and doors, both capable
of being locked;
(2) other means not less than five (5) feet high and deemed impenetrable by the
enforcing authority at the time of construction and completely surrounding the
pool and deck area when the pool is not used; and
(3) a combination of subdivisions (1) through (2) that completely surrounds the
pool and deck with the exception of self-closing and latching gates and doors
which are capable of being locked;-an~t-c>~. 1~
(4) a safety pool cover may be used provided that:
A. there is a continuous connection between the cover and the deck, so as
to prohibit access to the pool when the cover is completely drawn over the
pool;
B. it is mechanically operated by key or key and switch such that the
cover cannot be drawn upon or retracted without the use of a key;
C. it is capable of supporting a four hundred pound imposed load upon a
completely drawn cover;
D. it is installed with a track, rollers, rails or guides; and
E. it bears an identification tag indicating the name of the manufacturer,
name of the installer, installation date, and applicable safety standards, if
any. AMENDED BY Z-261 & Z-272.
F. that it is in compliance with the Indiana swimming pool code, 2d
Edition, effective date September 13, 1989, as amended.
This zoning ordinance shall repeal and replace the existing Sections 5.3.1 & 5.3.2 of Z-289, as
amended.
ATTESTATION:
COMMON COUNCIL' FOR THE
Presi~r
CITY OF
_~.~_. ..... .~..~,~r^.,~ Clerk-Treasurer
City of Carmel
Date: ~ I I?,c) Iqq
~
APPROVED:
By: Te~
City of C~
ATTESTATION:
~e~ Clerk-Treasurer
City of Cannel