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HomeMy WebLinkAboutOrdinance No. 1517 ORDINANCE NO. 1517 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING TO SWIMMING POOLS AND PORTABLE POOLS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.1 03 of the Columbia Heights City Code, IS thereby amended to read as follows: ~ 9.103 DEFINITIONS. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet or a capacity ofless than 3,000 gallons of water. Chapter 9, Article I, Section 9.106 (C)(4) of the Columbia Heights City Code, which currently reads to wit: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (C) Accessory uses and structures (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) The facility in not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (f) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Lighting shall be so oriented so as not to cast light on adjacent properties. (h) The facility shall not be located within any drainage or utility easement. (i) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. CD All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Is thereby amended to read as follows: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (C) Accessory uses and structures (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: (a) The facility in not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, polls sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (f) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Portable pools shall not be located within five (5) feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant cover in lieu of a six-foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner's consent. Portable pools shall not be in place longer than six (6) months in a calendar year. (h) Lighting shall be so oriented so as not to cast light on adjacent properties. (i) The facility shall not be located within any drainage or utility easement. (j) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: October 9, 2006 October 23,2006 October 23, 2006 Offered by: Diehm Seconded by: Kelzenberg Roll Call: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg C-2. --= Mayor Gary Attest: r--""~",,", ) VV'\ ' r;r;;~~ \' 'c~ \ 'Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary