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Memo2MEMORANDUM DATE: June 20, 1988 TO: Zoning & Planning Commission FROM: Nancy S. Anderson SUBJECT: Fencing around swimming pools The pool owners were notified during this past month that the proposed ordinance to require fencing around pools would be an item at the Zoning and Planning meeting. As of the date of this memo, two pool owners have contacted me. They objected to the non - climbable fencing around their pools. If objections are raised by the pool owners that cannot be answered at this meeting, the item should be continfued. 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. Anon- 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 5" at the bottom. g. All. swimming pools must be installed in conformance with all other applicable city and state laws. h. A ground 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' x 4' at all pool entry points. All ladders shall be retractable. 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