Memo2•
- expensive
MEMORANDUM
DATE: May 18, 1988
TO: Zoning & Planning Commission
FROM: Nancy S. Anderson /5.>4
SUBJECT: Swimming Pool Fencing Ordinance
At the last meeting the swimming pool fencing ordinance was
continued for the staff to research the following:
- the effect of making the ordinance retroactive
- if the opening at the bottom of the fencing
could be changed from 5 inches to 3 inches
The staff is recommending that the ordinance not be
retroactive for the following reasons:
- enforcement problem of making everyone
for existing pool owners
comply
cannot enforce all of ordinance, for example
setbacks because pool is already built
- City Attorney stated that existing owners would
be allowed many years in which to comply
The staff is recommending that the opening at the bottom of
the fence remain at 5 inches. The Building Inspector stated
that a child cannot climb under a 5 inch opening and this
was an acceptable standard.
The action for the Commission would be to forward the
proposed ordinance to Council for first reading.
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO: 88 -613
AN ORDINANCE AMENDING HOPKINS ZONING
ORDINANCE NO: 515 -570
That the Hopkins Zoning Ordinance No: 515 -570 be
and the same is hereby amended by adding the following
provisions:
515.07 Swimming Pool: Subdivision 104. Is any
permanent or temporary structure, basin, chamber,
or tank containing water used for swimming,
diving, or recreational bathing and having a depth
of more than two feet at any point and a surface
area exceeding 250 sq. ft., or a total volume in
excess of 3,000 gallons.
Subd. 105. Swimming Pool - Private: Is any
swimming pool permanent or temporary located on
private property and under the control of the
owner of a single family dwelling or owner -
occupant of a two dwelling unit and for the
exclusive use by his family or invited guests.
520.20 Swimming Pools: Permit Required -
Subdivision 1. No person, firm, or corporation
shall construct, repair, enlarge, alter, change,
remodel or otherwise improve a swimming pool
within the city without first having been issued a
permit therefore from the city. Pools shall be
constructed and maintained in accordance with this
section and all other applicable city or state
regulations.
Subd. 2. Setbacks and other Restrictions: Every
permit issued under this chapter shall be subject
to the following provisions which shall govern the
issuance and continued validity of all permits.
a. No portion of a swimming pool or appurtenances
thereto shall be located less than 10 feet from
any side or rear property line, nor in front of
any building.
b. No filtering unit, pump, heating unit, or other
noise making equipment shall be located less
than 10 feet from any lot line nor 20 feet from
any adjacent or nearby residential structure.
Mechanical equipment noise shall not exceed the
noise standards as specified in Section 555.01
of this code. Mechanical equipment shall be
protected from the weather by suitable
materials.
c. Outdoor pools shall not be located beneath
overhead utility lines. Underground utility
lines may not be located under nor within 15
feet of any pool. Utility connections for pool
lighting and accessories are permitted if
installed in accordance with the electrical
code.
d. Drainage of swimming pools shall be directed
toward the pool and away from adjacent
properties.
e. All lighting for outdoor pools shall be
directed toward the pool and away from adjacent
properties.
f. A non- climbable structure or fence, with no
hand or foot holds, at least 5' in height,
shall completely surround outdoor swimming
pools. All fence openings shall be equipped
with a self locking, self closing gate. The
locking device shall be openable by key only.
Fence and gates shall not permit an opening
greater than 511 at the bottom.
g. All swimming pools must be installed in
conformance with all other applicable city
and state laws.
h. Aground level deck at least 3 feet in width
measured from the pool waters edge shall be
provided and completely surround the pool.
Above ground pools shall be provided with
decking of a minimum size 4 4' x 4 4' at all pool
entry pointslUd'\ 0. rdTc cjbt
Subd. 3. Public Pools: In addition to the requirements of
Section 520.20 Subdivision 4. Public swimming pools shall be
considered structures as defined in this ordinance. Public
swimming pools shall require a conditional use permit and
meet the requirements of Section 530.09.
First read and adopted at a regular meeting of the
Council of the City of Hopkins on , 1988 and finally
read, adopted and ordered published on , 1988.
JAMES A. GENELLIE, DONALD J. MILBERT,
City Clerk Mayor
JERRE MILLER
City Attorney