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HomeMy Public PortalAbout1991-09ORDINANCE NO. 1991 -9 S AN ORDINANCE AMENDING THE GREENCASTLE PLANNING AND ZONING ORDINANCE SWIMMING POOL REGULATIONS WHEREAS, the Plan Commission of the City of Greencastle, has initiated and prepared this ordinance to amend the Greencastle Planning and Zoning Ordinance; WHEREAS, the Greencastle Plan Commission has reported that it held a public hearing concerning this ordinance on March 26, 1991, after timely notice of the hearing was given by publication in the Banner - Graphic Greencastle, Indiana on March 15, 1991; WHEREAS, the Greencastle Plan Commission has reported that it paid reasonable regard to the factors enumerated in IC 36 -7 -4- 603 in consideration of the ordinance and determination of a''" recommendation made to the Common Council; ® WHEREAS, the Greencastle Plan Commission has certified this ordinance to the Common Council with a recommendation by a majority vote in favor of adoption; WHEREAS, the Common Council has considered the recommendation of the Greencastle Plan Commission and has paid reasonable regard to the factors enumerated in IC- 36 -7 -4 -603 before acting on this ordinance; WHEREAS, the Common Council has determined that this ordinance should be adopted without amendment as certified by the Greencastle Plan Commission. Therefore, BE IT ORDAINED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF GREENCASTLE, INDIANA: �J SECTION That the Chapter 801 -5 by adding the SWIMMING L. DEFINITIONS City of Greencastle Planning and Zoning Ordinance, of the City of Greencastle Code, is hereby amended following definition: POOL, PRIVATE -- Any constructed or non - portable pool, above or below ground, 10 or more feet in diameter or greater than 75 square feet in area with a depth of 2 or more feet intended for non - commercial use by not more than two families and their guests. SECTION II. That the City of Greencastle Planning and Zoning Ordinance is hereby amended by adding the following subchapter. 821 -40 STANDARDS FOR PRIVATE SWIMMING POOLS A. The owner of a private swimming pool shall comply with all applicable state regulations. • B. Access to the swimming pool shall be restricted by one of the following means: 1. Walls., fencing, or other means not less than five (5) feet in height deemed impenetrable by the Board of Zoning Appeals and completely surrounding the pool and deck area. 2. Above - ground pools with self - closing and latching gates and doors, capable of being locked. C. Pools shall be located so as to comply with the side- yard and rear -yard requirement of the zone in which the pool is located. No pool shall be located in a front yard. SECTION III. DELETIONS. That the City of Greencastle Planning and Zoning Ordinance is hereby amended as follows: (1) Chapter 821 -25: • "Private Swimming Pool, if accessible to public -- 6 -foot chain link fence" is deleted. (2) Chapter 821 -30: "Private Swimming Pool -- 8 feet high; 3 feet wide" is deleted. SECTION IV. EFFECTIVE DATE; PUBLICATION. This ordinance takes effect upon passage. The Clerk- Treasurer of the City of Greencastle is ordered to THIS ORDINANCE was passed and adopted this 9th d of April, 1991. / Z� Michael M. Harmless, ATTEST: Presiding Officer J ith Berry • lerk- Treasurer Presented by me to the Mayor of Greencastle, Indiana, this 9th day of April, 1991, at ) o .m. ith Ber y erk- Treasurer Approved and signed by me this 9th day of Apr' 1991, at lLaa o'clock, 6- M. `J Michael M. Harmless, Mayor ATTEST: u ith Berry erk- Treasurer have this ordinance published by inserting a copy of the ordinance in each of the two (2) sets of the City of Greencastle Code maintained on file for public inspection in the office of the Clerk- Treasurer. •