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.
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