TITLE 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.04
Kentucky Building Code Adopted15.06
New Building Construction – Automatic Sprinklers required.15.08
Building Permits15.12
Fences15.16
Signs15.20
Swimming Pools
Chapter 15.04
KENTUCKY BUILDING CODE ADOPTED
Sections:
15.04.010 Adoption of Kentucky Building Code and Standards of Safety--Enforcement agents.
15.04.020 Application.
15.04.030 Appeals.
15.04.040 Penalty
15.04.010 Adoption of Kentucky Building Code and Standards of Safety--Enforcement agents.
A. The Kentucky Building Code, as contained in Chapter 7, Title 815 of the Kentucky Administrative Regulations; the Kentucky Plumbing Code, as contained in Chapter 20, Title 815 of the Kentucky Administrative Regulations; the Kentucky Standards of Safety, as contained in Chapter 10, Title 815 of the Kentucky Administrative Regulations, together with any amendments, are adopted by reference as if fully set forth in this code. Copies of the above codes and any amendments thereto shall be placed on file in the office of the city clerk where they shall be available for public inspection during normal business hours.
B. The Louisville Metro building inspector shall be designated as the local enforcement agent for the Kentucky Building Code.
15.04.020 Application.
The application of the State Building Code shall be extended to all single-family dwellings in the city which are to be constructed or remodeled. (CC § 150.02)
15.04.030 Appeals.
Appeals from decisions made by the building inspector under this chapter may be taken to the State Board of Housing, Buildings and Construction unless and/or until a local board of housing appeals, as set forth in KRS Chapter 198B, is established to hear such appeals. (CC § 150.03)
(A) Any person who violates any provision of the site codes adopted herein shall be subject to the following penalties:
(1) Violators of the State Building Code shall, upon conviction, be subject to a fine of not less than $10.00 nor more than $1000 for each offense. *KRS198B.990(1).
(2) Violators of the State Standards of Safety shall, upon conviction, be subject to a fine of not less than $225 nor more than $1000, imprisonment for not less than 60 days, or both, for each offense. *KRS 277.990(1))
(3) Violators of the State Plumbing Code shall , upon convict ion, be subject to a fine of not less than $10 nor more than $100, imprisonment for not more than 90 days, or both, for each offense. (KRS 318.990)
(B) Any person who violates any provision of Chapter 15 of this Code of Ordinances or fails to conform to any of the provisions of these sections, or fails to obey any order of any officer charged with the enforcement of the
provisions of these sections in relation to matters or thing herein contained shall be guilty of a misdemeanor and shall be fined not more than $500 for each offense. Each day’s continued violation shall constitute a separate offense.
Chapter 15.06
Automatic Fire Sprinkler Systems Required in New Single Family Home Construction.
Sections:
15.06.010 New Building Construction – Automatic Sprinklers required.
15.06.020 Definitions
15.06.040 Additional Requirements
15.06.050 Fire Inspection
15.06.060 Enforcement
15.06.070 Authority and Purpose
15.06.080 Severability
15.06.010 New Building Construction – Automatic Sprinklers required.
For the purpose of this Ordinance the term "building" shall mean any structure having a roof supported by columns or walls and intended for the shelter, housing use, or enclosure of persons.
An Approved Automatic Sprinkler System shall be installed in all areas of all new dwellings in accordance with the 2007 edition of NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, published by the National Fire Protection Association (NFPA).
15.06.020 Definitions
(1) “An Approved Automatic Sprinkler System" means a system installed in accordance with National Fire Protection Association Standards.
(2) “Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing, use or enclosure of persons.
15.06.040 Additional Requirements
Plans for an Approved Automatic Sprinkler System shall be certified engineered plans and shall be subject to a plans review fee of $250.00.
15.06.050 Fire Inspection
The Fire Marshal of the St. Matthews Fire Department or his/her designee and/or the Fire Marshal of the Harrods Creek Fire Department or his/her designee and/or the Code Enforcement Officer of the City of Indian Hills or his/her designee shall provide an initial inspection of the automatic sprinkler system. This inspection shall not guarantee proper installation of said system, but will insure that the system exists. This inspection shall also afford the property owner a safety inspection to provide proactive planning for fire prevention.
All Automatic Sprinkler Systems and appurtenances shall be installed, tested, inspected, and maintained in accordance with NFPA Standards.
15.06.060 Enforcement
(1) Any person, firm or corporation being the owner or having control or use of any building or premises who violates any of the provisions of this ordinance, shall be guilty of a Civil Offense and shall be fined not in excess of $100.00 for each offense. Each day such violation is permitted to exist after notification shall constitute a separate offense.
(2) When any violation of any provision of this ordinance shall be found to exist, the Code Enforcement Officer of the City of Indian Hills, or his/her designee, is hereby authorized and directed to institute any and all actions and proceedings either legal or equitable, that may be appropriate or necessary to enforce the provisions of this ordinance in the name of the City of Indian Hills, including but not limited to the issuance of a "stop work" order to aid in the enforcement any of the provision of this ordinance.
15.06.070 Authority and Purpose
This ordinance is adopted pursuant to the Home Rule authority of the City of Indian Hills, Kentucky, and all applicable laws of the State of Kentucky.
15.06.080 Severability
If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. (Ordinance 07-03)
Chapter 15.08
Building Permits
Sections:
Article I. Generally
15.08.010 Scope of chapter.
15.08.020 Definitions.
15.08.030 Building permit required--Regulations to be met before issuance.
15.08.040 Submission of plans--Building permit fee.
15.08.050 Issuance of building permit--Certificate from board of health required.
Article II. Builders--Conduct--Bonds
15.08.060 Builder--Conduct required.
15.08.070 Builder--Commitment and bond requirement.
15.08.080 Builder’s release.
15.08.090 Release of bond.
15.08.100 Property owner’s obligation not to damage or alter improvements.
15.08.110 Declaration of default--Collection of bonds.
15.08.120 Stop orders.
Article III. Construction Site Standards
15.08.130 Scope of article--Definitions.
15.08.140 Prevention of mud flow onto neighboring lots and city streets.
15.08.150 Vehicles tracking mud from construction site onto streets prohibited--Inspection.
Article I. Generally
15.08.010 Scope of chapter.
All persons, including individuals, firms and corporations owning or controlling property within the city, and all contractors as defined herein, shall be subject to the requirements of this chapter and shall conform to its provisions and be subject to the penalties imposed by it. (CC § 150.15)
15.08.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Builder” means any person, firm or corporation, including individuals and contractors, who shall engage in construction as defined in this section.
“Construction” means the erection of any new structure and the erection of any addition to an existing structure. “Construction” further includes engaging in site preparation, the layout of streets, drainage, sewer construction and other such acts usually performed in preparing property for improvements and/or the erection of structures.
“Contractor” means any individual, firm or corporation engaged in building a structure or otherwise improving property within the city.
“Structure” means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including buildings and signs. (CC § 150.16)
15.08.030 Building permit required--Regulations to be met before issuance.
No new construction and/or additions or alterations to existing structures shall be started within the city without a building permit issued by the city. The requirements set forth in the planning and zoning regulations must be met before such building permit will be issued, provided, however, that the minimum side line set back in the Country Club Section shall be 15 feet, and in other areas, 10 feet. (CC § 151.015)
15.08.040 Submission of plans - Building permit fee.
A. Two sets of detailed plans and specifications for
i. construction of any new structure (as such term is defined in Section 15.08.130(B)) or
ii. the reconstruction, remodeling, improving or changing of the footprint or exterior configuration or appearance of any existing structure (as such term is defined in Section 15.08.130(B)) or
iii. the interior remodeling or reconstruction of any existing structure which requires Louisville Metro/Jefferson County permit(s) or
iv. the movement of earth, or construction or reconstruction of any land feature that may impact drainage
shall be submitted to the city before any construction is begun, and no construction shall begin before a permit is issued by the city. The plans and specifications shall also clearly designate each structure or area for which the permit is being sought, and its location in a plat view of the property.
B. Upon approval of the plans, a building permit shall be issued by the city covering the construction requested, and the applications, plans and specifications shall be referred to the Louisville Metro/Jefferson County building permit office for the issuance of the required permit(s). No construction shall begin until all applicable governing bodies have issued the required permits.
C. Any changes to the plans and specifications submitted to the city for a new construction permit or a reconstruction permit must be submitted to the city for approval in advance of any construction based on such changes. No construction based on such changes shall begin until a new or revised permit is issued.
D. Copies of all permits issued by the city shall be provided to and maintained by the city clerk.
E. Fee required. There shall be paid to the city a non-refundable permit fee in amounts and forms fixed by the city to address the costs of plan analysis, permit issuance, compliance monitoring, and completion inspection. The permit fee shall be paid before a permit may be issued.
F. Fee Amounts. The required permit fees are set as follows. The assessed fee for any given project shall be determined by the Public Works Director (Code Enforcement Officer per Ord 2.25.090) based on the extent, complexity, inspection requirements, and public risk of the project. Fees shall be paid in cash or by check. In the case of a check which is returned for insufficient funds, the fee shall be deemed not paid and the permit is void.
Type of Construction Permit Fee
New Residence Not to exceed $100
New Condominium Not to exceed $100 per residence unit
Remodeling/Addition of Existing Not to exceed $100
Demolition Not to exceed $100
Drainage Work Not to exceed $100
Swimming Pool $25 to $100 (see Ord 15.20.020)
Fence Not to exceed $100 (see Ord 15.12.040)
Driveway Not to exceed $50 (see Ord 12.16.020 2.)
One permit shall suffice for a given, continuous project, e.g., demolition required for remodeling will be covered by the remodeling permit provided it is so noted in the permit.
(Ord. 10-01, 2-18-10)
15.08.050 Issuance of building permit--Certificate from board of health required.
A satisfactory certificate from the board of health shall be furnished to the city before a building permit is issued for residence construction except where a subdivision has received approval from the board of health, the individual builder will not be required to obtain a certificate. (CC § 151.017)
Article II. Builders--Conduct—Bonds
15.08.060 Builder--Conduct required.
Every builder shall commit to the completion of his/her construction and shall post bond as set forth in this chapter. (CC § 150.17)
15.08.070 Builder--Commitment and bond requirement.
Before receiving construction approval and the issuance of a building permit from the city, the builder shall deliver to the city the following items;
A. Builder’s Commitment. In his/her construction, the builder shall meet all of the requirements of applicable city, state and county statutes, ordinances, regulations and codes. The builder shall be responsible for the installation, good repair, proper functioning and completion of all improvements required by the city for approval of the building permit. The builder shall further be responsible for cleaning up the building site and returning the land and landscape to its preconstruction condition or better. The builder shall also be responsible for any damage to city property, including streets, caused by the construction, whether such damage be caused by the builder, or his/her employees, agents or subcontractors. The construction shall proceed in a manner which in the judgment of the city and/or its designated representative does not cause unreasonable harm, inconvenience or annoyance to any other property owner. The builder shall execute and deliver written evidence of his/her awareness and commitment to fulfill the obligations set forth above with his/her application for a building permit. This obligation of the builder shall continue until the city has granted a release as set forth in this chapter. The required construction shall be completed and properly functioning and all other obligations satisfied at the end of nine months or such shorter period as may be required by the city. At any time thereafter, the city may declare the obligation to be in default.
B. Security Required. There shall be filed with the city a cash bond in amounts and forms fixed by the city to insure completion of the construction commitment as stated above. (Amended during 2002 codification; CC § 150.18)
C. Bond Amounts. The required bond amounts are set as follows. The assessed bond amount for any given project shall be determined by the Public Works Director (Code Enforcement Officer per Ord 2.25.090) based on the extent, complexity, and public risk of the project. Bond amounts shall be paid in cash or by check. In the case of a check which is returned for insufficient funds, the bond shall be deemed not paid, the associated permit is suspended, and all work shall be stopped until the bond is satisfied. (Ord. 10-01, 2-18-10)
Type of Construction Security Deposit
New Residence Not to exceed $5,000
New Condominium Not to exceed $5,000
Remodeling/Addition of Existing See scale below
Demolition Not to exceed $1,000
Drainage Work Not to exceed $500
Swimming Pool Not to exceed $2,500
Fence See scale below
Driveway See scale below
Cost of Project Security Deposit
$0 to $25,000 Not to exceed $500
$25,001 to $100,000 Not to exceed $1,000
$100,001 and up Not to exceed $2,500
15.08.080 Builder’s release.
A builder may request from the city a determination that he/she has satisfied his/her responsibility for the obligations set forth in Section 15.08.070(A) in accordance with the following procedures:
A. The builder may submit the certificate of the architect or engineer stating that the construction is complete and in good working order.
B. The builder shall submit his/her written certificate that construction is complete and in good working order as provided by the form attached hereto and that each and every obligation set forth in Section 15.08.070(A) has been satisfied.
C. Upon receipt of the certificate of completion from the builder, the city shall approve or disapprove construction and shall make a determination with respect to a requested release of surety. In all cases a Certificate of Occupancy is required. (CC § 150.19)
15.08.090 Release of bond.
Within thirty (30) days from receipt of an application for release of a builder’s bond, the city and/or its designate may make an inspection of the construction and shall grant the release where it appears to the city or designate’s reasonable satisfaction that the required construction and improvements are installed and in good repair and functioning properly, that the builder has fulfilled all of the obligations of his/her commitment, and that there is no reason to believe that construction on the lot has or will cause malfunctioning or damage to improvements in the area, including drainage. (CC § 150.20)
15.08.100 Property owner’s obligation not to damage or alter improvements.
It shall be the obligation of the property owner not to damage, destroy, or significantly alter the improvements and not to allow any condition or activity upon his/her property that will impair the proper functioning of the improvements. For violation of this section, the property shall be subject to the imposition of a lien for the amount necessary to remedy the violations, which lien may be enforced in the same manner that mortgages are enforced in addition to other remedies available. (CC § 150.21)
15.08.110 Declaration of default--Collection of bonds.
A. If at any time the city finds that the required improvements have not been installed, that construction is not progressing, that the improvements are not in good repair, that the improvements are not functioning properly or that any of the other obligations of Section 15.08.070(A) have not been satisfied and if the city also finds that it does not appear to its satisfaction that the construction will be completed within a reasonable time considering the potential for harm, inconvenience or annoyance to others, the city shall declare the obligation of the builder, as well as the obligation of the owner and any others that may appear to the city to be reasonable, to be in default.
B. Upon declaration and default, the city shall collect such amounts from bonds or otherwise as is required to remedy the default. Such bond shall be collected and used in full or in such proportions as the city determines to be just and equitable based upon the cost of completion. If the Bond is insufficient to pay for the damages the Owner is responsible for the difference. (CC § 150.22)
15.08.120 Stop orders.
At the option of the city, any construction as defined in this chapter may be ordered stopped. Upon notice from the city that any violation exists or is being maintained contrary to the provisions of this subchapter or the regulations of the city, such violation shall be remedied immediately but in no event later than thirty (30) days for notice thereof. If more than thirty (30) days, the deposit may be forfeited. Such notice shall be in writing and shall be given to the owner of the property or his/her agent, or to the person so using the property and shall state specifically the regulation being violated. The notice may also be given by posting upon the subject property or by certified mail, return receipt requested, effective one day after mailing to the person so violating after two reasonable efforts personally to serve the notice have failed, or may be served by facsimile. (CC § 150.23)
Article III. Construction Site Standards
15.08.130 Scope of article--Definitions.
A. Scope. All persons including individuals, firms and corporations owning or controlling property in the city and all contractors as defined in this article, shall be subject to the requirements of this article and shall conform to its provisions and be subject to the penalties imposed by it.
B. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Contractor” means any individual, firm or corporation engaged in building a structure or otherwise improving property.
“Owner” means the holder of any interest of record in the subject property.
“Structure” means any combination of materials to form a construction, including but not limited to buildings, platforms, foundations and fences; the terms “structure” shall be construed as though followed by the words “or part thereof.” (CC §§ 150.35, 150.36 )
15.08.140 Prevention of mud flow onto neighboring lots and city streets.
A. Any owner or contractor erecting a structure or otherwise improving a lot within the city shall maintain the site of such activity in such a manner that mud therefrom will not flow onto, across or over any other lot.
B. Any owner or contractor erecting a structure or otherwise improving a lot within the city shall, insofar as it is technically possible, maintain the site in such a manner that mud therefrom will not flow into the city streets.
C. Notwithstanding the technical feasibility of preventing the flow of mud into the street as required by subsection B of this section, should any such flow occur the owner and/or contractor shall clear any such mud from the street as soon as is practicable. (CC § 150.37)
15.08.150 Vehicles tracking mud from construction site onto streets prohibited--Inspection.
A. No vehicle shall enter any city streets from a lot described in Section 15.08.140 in such condition that it will dispense and deposit mud from the site onto the city streets.
B. All vehicles entering or leaving a lot or site described in this section shall be subject to inspection by such persons as are designated by the city. (CC § 150.38)
Chapter 15.12 (Ord. 09-05)
FENCES
Sections:
15.12.005 Definitions
15.12.010 Extension of fences not on corner lots.
15.12.020 Extension of fences on corner lots.
15.12.030 Additions to fences--Compliance required.
15.12.040 Building permit and Completion required.
15.12.050 Height restrictions.
15.12.060 Types and Maintenance
15.12.070 Installation
15.12.080 Penalty
15.12.005 Definitions. The following words and terms, for purposes of this Ordinance, shall have the meanings herein provided:
"Arbor" A decorative solid or latticework structure or trellis which is used as an entrance focal point along a barrier which serves the purpose of a fence.
"Berm" A mound of earth higher than the general finished grade of a lot.
"Fence" Fence means a generally self supporting, vertical screen device used to provide privacy, visual or otherwise, or for containment. Fence includes but is not limited to trellises, railings and walls. Trellises affixed flat to a structure's wall for the sole purpose of training decorative plantings are excluded from this ordinance.
"Retaining Wall" A structure that holds back soil or rock from a building, structure or area. Retaining walls provide support for vertical or near-vertical grade changes, and prevent down slope movement or erosion.
"Trellis" A frame or structure of open latticework.
15.12.010 Extension of fences not on corner lots.
A. As to all houses which are not erected on a corner lot, any fence constructed shall not extend toward the front of the house beyond a point one-half the distance of the side walls of such house, it being the intent and purpose of this subsection, that there be no fence constructed near the front of the house at a point beyond one-half of the distance of the side wall, all fences are to be built in the rear behind this point.
B. The front of a house as referred to in subsection A of this section, means the side most often seen or used as the main entrance, and/or would be shown as the "front view" in a real estate depiction.
C. For purposes of this Chapter 15.12, the words “front,” “rear,” and sides of a house shall refer to those respective sides of a house, regardless of its positioning on the lot and is not to be confused with the definitions of the sides of a lot as opposed to the sides of a house.
15.12.020 Extension of fences on corner lots.
A. As to all houses erected on a corner lot:
1. Any fence constructed to the side of the house farthest from the side street shall not extend toward the front of the house beyond a point one-half the distance of such side wall of the house, it being the intent and purpose of this section that the fence constructed on such side of the house shall not be constructed near the front of the house at a point beyond one-half the distance of such side wall, such portion of the fence to be built in the rear behind this point. (CC § 151.071)
2. Any fence constructed to the side of the house closest to the side street which such side faces, shall not extend toward the front of the house beyond the rearmost corner of the house/garage on such side, and shall not extend toward the side street beyond the shortest distance between the side street and the rearmost corner of the house/garage at any point, it being the intent and purpose of this section that the fence constructed on such side of the house shall be entirely to the rear of the house and no closer to the side street than the rearmost corner of the house on such side. In no case shall any portion of any fence extend beyond the allowable building line on the side of a property that is bounded by a street.
B. The front of a house as referred to in subsection A of this section, means the side most often seen or used as the main entrance, and/or would be shown as the "front view" in a real estate depiction.. The rear of a house means the wall opposite the front, and the side(s) mean the wall(s) which connect the front and rear walls.
15.12.030 Additions to fences--Compliance required.
Any additions to fences erected prior to the enactment of this chapter, and contrary hereto, shall not be permitted.
15.12.040 Building permit and Completion required.
A. PERMIT - Prior to any fence being constructed, the owner of the lot on which the fence is to be constructed shall submit the description and specifications of the fence to the city, and must secure a building permit based on the fence description and specifications. The description shall include a drawing, site plan or plat map displaying property boundaries, the location of the fence and structures on the property, the proposed location of the fence and its distances from the existing structures on and boundaries of the property. Such building permit shall cost one hundred dollars ($100.00).
B. COMPLETION - Completion of Installation. A fence authorized by a fence permit shall be fully installed in accordance with this Ordinance and permit conditions, within ninety (90) days of the date of permit issuance. A Fence Permit shall expire ninety (90) days after the date of issuance. After a Fence Permit expires, no work requiring such a permit shall be commenced, resumed or undertaken until a new permit is issued or the original permit is extended. The owner may file a written request for an extension of the fence permit stating the reason for the request, for up to ninety (90) additional days to complete the fence installation. The Council may grant the request if good cause is shown.
C. COMPLIANCE – All fences permitted per this chapter shall comply with all requirements and restrictions enumerated herein unless otherwise approved by the City Council.
15.12.050 Height restrictions
A. Restriction. A fence may not exceed six (6) feet above the finished grade in the area in which it is placed. The height of a fence shall be measured from the finished grade at the base of the fence; except that where the fence is on or immediately adjacent to the high side of a retaining wall or other nearly vertical change in grade, the height shall be measured from the average of the finished grade levels at each side of the change in grade; and further excepted that any fence on the uphill side of such change in grade may, for safety considerations, be at least three feet, six inches (3’6”) high, notwithstanding any other height restrictions herein. Berms, fill or other methods to raise the elevation at the base of the fence above that of the general finished grade shall not be used to circumvent the height restriction and their height will be included in the measurement of the fence height.
15.12.060 Types and Maintenance
A. Permitted Materials and Placement - Fences shall be constructed using materials suitable for residential-style fencing, including:
1. Wood
2. Wood-polymer
3. Masonry (brick or stone) or stucco wall
4. Chain link, minimum 9 gauge, provided it is vinyl clad of either black or dark green color. Chain link fence must also be constructed with a top rail and installed such that the knuckled edge of the chain link fabric is at the top. Fence posts and rails must be of the same color as the chain link fabric. Chain link fence shall not be equipped with privacy slats of any type.
5. PVC (PolyVinyl Chloride)
6. Wrought iron
7. Aluminum
B. Non-permitted Materials include, but are not limited to, the following:
1. Unfinished concrete or cinder block
2. Bare wire, either single or multi-strand, whether electrified or not.
3. Barbed or razor wire; however, such may be permitted on commercial or industrial property for security purposes where it is atop a fence of at least six (6) feet in height and in a non-residentially populated area.
4. Materials not generally considered appropriate for residential fencing.
C. Color
1. Unfinished natural wood or natural wood colored stains.
2. Vinyl cladding of black or dark green for chain link.
3. Black or white, either where it is the native material color, or painted. Other colors as may be indicated to blend with adjacent structures or landscaping may be allowed, but only if specifically authorized by the fence permit.
4. Any change in fence color after the completion of construction, from that specified in the fence permit, shall require a new permit. Where the only change is color, the permit fee will be waived.
D. Prohibitions – No owner shall install or allow to exist:
1. A chain link fence with the cut or salvage end of the fence exposed at the top.
2. A fence which creates a hazard to users of the street, sidewalk or to nearby property.
3. A fence composed solely of fence posts.
4. An incomplete fence.
E. Maintenance - Fences shall be maintained in a manner as to prevent rust, corrosion, rot and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not present a patchwork appearance, which is indicative of a state of disrepair. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair including, but not limited to, noticeable leaning, missing sections, broken supports, non-uniform height, or noxious or overgrowth of vegetation.
15.12.070 Installation
A. General Requirements - No Fence shall be installed, except in strict compliance with this Ordinance, site specific permit conditions, and the following requirements:
1. Structural and support components of a fence shall face away from adjacent properties.
2. Fences shall be installed with the finished side facing the adjacent property or public right-of-way, and the fence posts must be located on the inside of the fence facing the property on which the fence is located.
3. Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.
B. Obstruction of Ingress/Egress Area of a Dwelling. No fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three (3) feet shall be maintained between any solid fence and any such window or opening in a dwelling.
15.12.080 Penalty Any person who violates any provision of Chapter 15.12 of this Code of Ordinances or fails to conform to any of the provisions of these sections, or fails to obey any order of any officer charged with the enforcement of the provisions of these sections in relation to matters or things herein contained shall be guilty of a misdemeanor and shall be fined not more than $500 for each offense. Each day’s continued violation shall constitute a separate offense.
Chapter 15.16
SIGNS
Sections:
15.16.010 Sign restrictions.
15.16.010 Sign restrictions.
A. Only such signs as are permitted by the applicable zoning district regulations of Metro Louisville Planning Commission and adopted by the city shall be permitted in the city.
B. Any sign erected or displayed upon a lot in violation of this chapter shall be immediately removed by the owner, occupant or agent. In the event of non-removal, it may be removed by a representative or official of the City.
C. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with this chapter shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00.) Each day that a violation occurs or continues to exist shall constitute a separate offense.
D. Violation of this chapter shall also be deemed a civil offense. (Added during 2002 codification)
Chapter 15.20
SWIMMING POOLS
Sections:
15.20.010 Permanent, in-ground swimming pools--Technical regulations.
15.20.020 Permits required--Application--Fee.
15.20.030 Inspectors to be permitted access--Inspection reports.
15.20.040 Drainage.
15.20.050 Conduct around swimming pools--Nuisances.
15.20.060 Hot tubs and spas.
15.20.070 Exemptions.
15.20.080 Objectionable Swimming Pools
15.20.010 Permanent, in-ground swimming pools--Technical regulations.
There shall be allowed in the city only permanent, in-ground swimming pools, constructed in a rear yard and subject to the following limitations:
A. The minimum lot size shall be that of the applicable zoning district.
B. The distance from any edge of the pool to any property line shall be at least ten (10) feet.
C. If a swimming pool is detached from the main building on the lot, the distance from that main building to the nearest point of the swimming pool shall be at least fifteen (15) feet. A swimming pool may be a part of the main building on the lot, such as, within a wall enclosure of the main building.
D. A security fence at least four feet in height, but no more than six feet in length shall surround the pool for safety purposes. Any gate or other entry through the fence must be capable of being locked.
E. No inflatable domes, covers or other raised structures over the pool shall be allowed.
F. Landscaping adequate to provide those using the pool with privacy from the street and from adjoining houses shall be effected. Plans for the landscaping must be included with the application for a building permit filed with the city.
G. Adequate screening shall be provided for all pool equipment such as heaters and chlorinators. and at least 10 feet from the nearest property line.
H.
1. External lighting may be permitted at the pool site. Plans for any such external lighting must be included with the application for a building permit filed with the city;
2. External pool lighting shall be permitted only when such lights are directed at the pool and are arranged so as not to cause a nuisance to neighboring residences, or the traveling public;
3. External pool lighting shall be terminated at eleven p.m.
I. Construction of any swimming pool shall be in accordance with the applicable provisions of the BOCA Code for swimming pools, the National Electrical Code for swimming pools and the Louisville Metro health department regulations on swimming pools. (CC § 151.05)
15.20.020 Permits required--Application--Fee.
A. No person shall construct or substantially change any swimming pool unless and until he/she has applied for and received permits from the following:
1. The City Council;
2. Louisville Metro health department; and
3. Metropolitan Sewer District (if required); and
4. Louisville Metro building department
B. The permits from the Louisville Metro building department and the Louisville Metro County health department shall be obtained first and shall be presented along with any reports from these agencies to the city council for its consideration prior to issuance of the permit on behalf of the city.
C. The application for the permits required by this section shall include all information required by the body issuing the permit. The application submitted to the city council shall further contain a simple site plan sketch, which will also include a landscaping plan sufficient to meet the requirements of Section 15.20.010(G) and a plan for external pool lighting, if any is to be constructed or used.
D. The permits will be issued, subject to site inspections, after application in the form set out above.
E. The fee for the building permit from the city shall be twenty-five ($25.00) dollars to one hundred ($100.00) dollars, plus a $2,500.00 bond. (CC § 151.106)
15.20.030 Inspectors to be permitted access--Inspection reports.
A. Inspectors from the Louisville Metro building department, the Louisville Metro Health Department and the city shall be permitted access to the swimming pool site at all reasonable times for the purpose of assuring compliance with this chapter and all other applicable laws, ordinances and regulations.
B. Copies of all inspection reports shall be furnished to the city Code Enforcement Officer. (CC § 151.107)
15.20.040 Drainage.
A. Normal overflow drainage (backwash) shall be permitted into the sanitary sewer system. Drainage other than the normal overflow drainage shall be into the storm sewer system at its nearest entry point, unless otherwise required by the Louisville and Jefferson County Metropolitan Sewer District..
B.
1. In draining into the storm sewer system, the water shall follow the normal flow of surface water over the normal drainage easement and the flow shall be of a minimum velocity so as not to create any danger of water erosion to adjoining property;
2. The owner must provide suitable drainage from the pool to the normal drainage easement. (CC § 151.108)
15.20.050 Conduct around swimming pools--Nuisances.
Loud and boisterous conduct in or around a swimming pool shall be considered a nuisance. Police officers are designated as the proper authorities to determine when such nuisance exists and are authorized to order it to cease. (CC § 151.109)
15.20.060 Hot tubs and spas.
For the purpose of this chapter, “swimming pool” includes those vats or tubs commonly known as hot tubs or spas, and the requirements of this chapter shall be applicable to the installation and construction of such hot tubs and spas. (CC § 151.110)
15.20.070 Exemptions.
A. This chapter is not intended to prohibit children’s wading pools when located in the rear yard, however, it is intended to apply to any other construction on a lot intended to contain water, whether it be known as a pool, a pond or by some other name.
B. As an alternative to the security fence required by Section 15.20.010(E), the pond or other open water encompassed by this section may be secured by a grate or other similar cover located at or immediately below water level. To the extent such alternative is not feasible, a variance may be requested from the city council. (CO 111-95 § 2; CC § 151.111)
15.20.080 Objectionable Swimming Pools
Above-ground swimming pools shall not be permitted at any location in the city, provided, however, that nothing contained herein shall prohibit the use of a child’s wading pool less than six feet in diameter and less than twelve inches deep.