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Land Usage

Swimming Pools

§ 150.065 SWIMMING POOLS RESTRICTIONS.

(A) It shall be unlawful for any person to construct or maintain a swimming pool, hot tub, whirlpool or spa in the front or side yards of any lot with the city.

(B) There shall be allowed in the city only permanent in-ground swimming pools, constructed in a rear yard and subject to the limitations hereinafter set forth.

(C) No inflatable domes, covers or other raised structures over a swimming pool shall be allowed. (Ord. 90-09, passed 12-17-90) Penalty, see § 150.999

§ 150.066 PERMIT REQUIRED.

(A) No person shall construct or maintain a swimming pool or outdoor hot but, whirlpool or spa as provided for herein without first making application and obtaining a permit therefore from the City Commission.

(B) No swimming pool shall be constructed nor shall a permit therefore be granted unless there is provided a drain in the pool, which drain shall be connected underground directly to the sanitary sewer system. (Ord. 90-09, passed 12-17-90) Penalty, see § 150.999

§ 150.067 PERMIT APPLICATION.

An application for a permit, signed by the owner or his authorized agent, shall be filed with the City Engineer, or Commissioner responsible for that function. It shall provide information as may be reasonably required for a clear understanding of the proposed work and its effect on the surrounding properties. The written application shall contain at least the following information:

(A) The kind of pool, outdoor hot tub, whirlpool or spa, herein referred to as “pool” to be constructed;

(B) The pool’s overall dimensions of length, width and depth, and a description of any proposed exterior lighting, including provisions for the shielding of the lighting;

(C) A plat, drawn to scale, showing the installation’s location in relation to existing structures, easements, boundary lines and existing or proposed fences. The plat shall also show the location of any proposed exterior lighting;

(D) Its effect, if any, on adjacent properties which can be reasonably expected to result from the construction;

(E) The provisions to be made fro supplying the pool with potable water and for the drainage thereof;

(F) The substance which will be used as fill and the anticipated disposition of any earth removed; and

(G) When construction is expected to begin and length of time it will take before it is completed. (Ord. 90-09, passed 12-17-90)

§ 150.068 ISSUANCE OF PERMIT.

(A) Other requirements. Any person requesting a permit must, prior to requesting a permit from the city, obtain all other permits which may be required.

(B) Examination of application. The City Engineer shall examine or cause to be examined each application and the information furnished in connection therewith; shall ascertain by such examination that the construction of the pool will not adversely affect the public safety, health, convenience, comfort and general welfare of the city and will be in accordance with the requirements of this chapter and all other pertinent laws, ordinances and deed restrictions.

(C) Action on application.

(1) Approval. The City Engineer shall act upon the application for a permit without unreasonable or unnecessary delay. If satisfied that the pool, hot tub, whirlpool or spa as described in the application and information furnished in connection therewith will not adversely affect the public safety, health, convenience, comfort and general welfare of the residents of the city; conforms to the requirements of this chapter and all other pertinent laws, ordinances, and deed restrictions, he or she shall so report to the City Commission which, if it concurs, shall issue a permit therefore.

(2) Disapproval. If the application for a permit and the information filed therewith describe work that does conform to the requirements of this chapter or all other pertinent laws, ordinances and deed restrictions, or does not contain sufficient information, the City Engineer shall so report to the City Commission, and, if the report is concurred in by the City Commission, no permit shall be issued and the applicant shall be so notified. The refusal shall be in writing and shall contain the reasons therefore. (Ord. 90-09, passed 12-17-90)

§ 150.069 FENCES AROUND SWIMMING POOLS.

All pools or pool areas within the city shall be enclosed by fence at least 40 inches in height. Any gate or other entry through the fence must be capable of being locked.

(Ord. 90-09, passed 1217-90) Penalty, see § 150.999

§ 150.080 PERMIT FOR “PULL-OFFS.”

(A) No person shall construct or permit any paved or gravel “pull-offs,” parking areas or curved or circular drive to be constructed or maintained in the front yard of any residential lot within the city without first obtaining a permit therefore from the City Commission.

(B) No permit referred to in division (A) of this section shall be issued until a plan of the “pull-off,” parking area, or curved or circular drive showing the size, location and type of construction is delivered to and approved by the City Commission and the body determines that the construction will improve the free passage and flow of traffic on the roadway adjacent thereto; is essential to the full use and enjoyment of the property which the “pull-off,” parking area or curved or circular drive are designed to serve; and is in keeping with and does not detract from the surrounding neighborhood. (Ord. 90-09, passed 12-17-90) Penalty, see § 150.999

§ 150.081 PERMIT FOR STREET CURB.

(A) No person shall construct or permit any curb to be constructed or maintained at the edge of any paved portion of any street within the city without first obtaining a permit therefore from the City Commission.

(B) No permit referred to in division (A) of this section shall be issued until a plan of the curb showing the location and material and type of construction is delivered to the City Commission and the Commission determines that the curb will be not more than six inches in height; is located in line with existing curbs at or near the location; will not impede surface water drainage; and will be in keeping with and will not detract from the surrounding neighborhood.

(C) Upon the failure of any person to comply with these regulations, the City Commission may send city employees or agents of the city upon the property to remedy the situation and city shall have a lien against the property for the reasonable value of labor and materials used in so doing.

(Ord. 90-09, passed 12-17-90) Penalty, see § 150.999

§ 150.097 ISSUANCE OF PERMIT.

(A) Approval. If the City Commission is satisfied that the proposed light will not adversely affect the safety, health, convenience, comfort and general welfare of the city and the premises adjoining the lot on which the light is be located it shall issue a permit for the light, which permit shall specify what “shielding” of the light, if any, shall be supplied by the applicant.

(B) Disapproval. If the application is incomplete or the City Commission determines that the proposed light would adversely affect the safety, health, convenience, comfort and general welfare of the city or the premises adjoining the lot on which the light is to be located or that owners of all adjoining premises have not consented to the installation of the light, the City Commission shall disapprove the permit and inform the applicant of the decision along with the reasons for disapproval. (Ord. 90-09, passed 12-17-90)

§ 150.999 PENALTY.

Any person who violates any provision of the state codes adopted in § 150.001 shall be subject to the following penalties:

(A) Violators of the State Building Code shall, upon conviction, be subject to a fine of not less than $10 nor more than $1000 for each offense. (KRS 198B.990(1))

(B) Violators of the State Standards of Safety shall, upon conviction, be subject to a fine of not less than $25 nor more than $100, imprisonment for not more than 60 days, or both, for each offense. (KRS 227.990(1))

(C) Violators of the State Plumbing Code shall, upon conviction, be subject to a fine of not les than $10 nor more than $100, imprisonment for not more than 90 days, or both, for each offense. (KRS 318.990)

Flood Lights

§ 150.095 PERMIT REQUIRED.

It shall be unlawful for any person to install or permit any permanent flood, mercury vapor or similar light exceeding 150 watts per bulb to be installed on any lot within the city without first making application and obtaining a permit therefore from the City Commission.

(Ord. 90-09, passed 12-17-90)  Penalty, see § 150.999

§ 150.096 PERMIT APPLICATION.

Any application for a permit, signed by the person desiring to install a permanent floor or similar light shall be filed with the City Commission, together with the information as may be required by the City Commission, including:

(A) A plat showing the location of the proposed light in relation to existing structures on the lot;

(B) The type, name and manufacturer and candle power of the proposed light as well as a picture or likeness of the proposed light;

(C) The written consent of all occupants of premises adjoining the lot on which the light is to be installed, indicating when the consent is conditioned upon adequate “shielding” of the light; and

(D) What provisions are to be made for “shielding” the light from adjoining premises, when appropriate. (Ord. 90-09, passed 12-17-90)