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HomeMy WebLinkAbout2006-06 Amending Section Regarding Temporary Above Ground Swimming Pools EDINA ORDINANCE NO. 2006-06 An Ordinance Amending Section 450 of the City Code to Permit Certain Above Ground Swimming Pools THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The definitions of "Residential Special Purpose Pool" and "Swimming Pool" contained in Subsection 450.01 of the City Code are hereby amended to read as follows: "Residential Special Purpose Pool. Any basin for holding water which is designed for human use, 100 square feet or less in water surface area with a water depth greater than 24 inches at any point and which is accessory to a single family residence. This definition includes, but is not limited to treatment pools, therapeutic pools, whirlpools, spa pools, hot tubs and wading pools. This definition does not include temporary above ground swimming pools. Swimming Pool. Any basin for holding water, designed for human use, with a water depth greater than 24 inches. Swimming pools include public or semi- public special purpose pools, public or semi-public swimming pools, residential swimming pools, residential special purpose pools and temporary above ground swimming pools." Section 2. Subsection 450.01 of the City Code is hereby amended by adding the following definition: "Temporary Above Ground Swimming Pool. A swimming pool which is inflated or assembled above ground or on the ground and is intended by design to be seasonal in nature and available only to the occupants of a residence and their guests." Section 3. Subd 11 of Subsection 450.06 is hereby amended to read as follows: Subd 11. Above Ground Swimming Pools; Fill. Except for residential special purpose pools and temporary above ground swimming pools allowed by Subsection 450.07, swimming pools that are constructed or erected above ground or are designed to be constructed on the ground or above the ground are and shall be prohibited. No fill shall be placed or grading done on a property to raise the ground elevation for the purpose of raising the top elevation of the pool walls. Section 4. Subsections 450.07 through Subsection 450.27 are hereby renumbered Subsection 450.08 through Subsection 450.28. Section 5. Section 450 of the City Code is amended by inserting a new Subsection 450.07 as follows: "450.07 Temporary Above Ground Swimming Pools. Temporary above ground swimming pools are permitted subject to the following restrictions: A. Temporary above ground swimming pools shall be removed and stored indoors between October 15 and April 15. B. Temporary above ground swimming pools shall not have a water surface area in excess of 255 square feet and shall not be capable of having a water depth greater than 48 inches. C. Drainage from a temporary above ground swimming pool shall be directed to the sanitary sewer or onto the property where such a pool is located in a manner which prevents runoff onto adjoining properties. Drainage onto a public street or storm sewer system is prohibited. D. Diving boards appurtenant to temporary above ground swimming pools are prohibited. E. Temporary above ground swimming pools shall be equipped with a ring buoy with not less than 15 feet of line attached or a pole or shepherds crook not less than 10 feet in length. F. Temporary above ground swimming pools are exempt from the requirements of the following Subsections: 450.02 Construction Permit Approval , 450.03 Plans to be Submitted, 450.04 Construction in Accordance with Approved Plans;Deviation, 450.05 Permit Fee, 450.06 Construction except Subd 11 thereof, 450.08 Recirculation System, 450.09 Recirculation Pump, 450.10 Pool Piping, 450.11 Recirculating Skimming Device, 450.12 Inlets, 450.13 Outlets, 450.16 Test, 450.19 Safety Rope and Anchors, 450.26 Safety Precautions, and 450.28 Public or Semi-Public Swimming pool and Special Purpose Pool." Section 6. Subsection 450.20 (as renumbered by Section 6 of this ordinance) is amended to read as follows: "Subd. 1 Code Conformance. All electrical installations provided for, installed and used in conjunction with a swimming pool shall conform with the provisions of Section 410 of this Code. Subd. 2 Electrical Conductors. No current carrying electrical conductors shall cross a swimming pool, either overhead or underground or within ten feet of a swimming pool except for pool lighting or pool accessories. Subd. 3 Grounding. All metal fences, enclosures or railings near or adjacent to a swimming pool which might become electrically alive as a result of contact with broken overhead conductors, or from any other cause, shall be effectively grounded." Section 7. Subsection 450.21 (as renumbered by Section 4 of this ordinance) is amended by deleting the word "residential" from the first line thereof. Section 8. The first sentence of Subsection 450.24 (as renumbered by Section 4 of this ordinance) is amended to read as follows: "No portion of a swimming pool, except a residential special purpose pool, or any appurtenance shall be located within 10 feet of any side or rear lot line, nor in the required front yard as provided in Section 850 of this Code. No portion of a residential special purpose pool or any appurtenance shall be located within five feet of any side or rear lot line, nor in the required front yard as provided in Section 850 of this Code." Section 9. Subsection 450.25 (as renumbered by Section 4 of this ordinance) is amended by deleting the words "and special purpose pools" from the first line thereof. Section 10. This ordinance shall be in full force and effect upon passage. First Reading: November 21, 2006 Second Reading: December 5, 2006 Published: December 14, 2006 Attest Debra A. Mangen, Cit lerk James B. Hovland, Mayor newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn.Stat.§331A.02,§331A.07, and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 14 day of December , 2006, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2006;and printed below is a copy of the lower case alphabet from A to Z, both inclusive,which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefgh ij kl mnopq rstuvwxyz BY: FO Subscribed and sworn to or affirmed before me on this 14 day of December ,2006. Notary ublic MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 1.91-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line In the Community,With the Community,For the Community City of Edina pool or any appurtenance shall be located within five feet of any side or rear lot line,nor in the required front (Official Publication) yard as provided in Section 850 of this Code" EDINA ORDINANCE NO.2006-06 Section 9. Subsection 450.25(as renumbered by Section An Ordinance Amending Section 450 of the City 4 of this ordinance)is amended by deleting the words"and Code to Permit Certain Above Ground Swimming special purpose pools"from the first line thereof.' Pools Section 10. This ordinance shall be in full force and effect THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: upon passage. Section 1. The definitions of"Residential Special Purpose First Reading: November 21,2006 Pool" and "Swimming Pool" contained in Subsection Second Reading: December 5,2006 450.01 of the City Code are hereby amended to read as Published: December 14,2006 follows: Attest "Residential Special Purpose Pool.Any basin for hold- Debra A.Mangen,City Clerk James B.Hovland,Mayor ing water which is designed for human use, 100 Square feet or less in water surface area with a water (Dec.14,2006)dl-Ord 2006-06 Swim Pools depth greater than 24 inches at any point and which is accessory to a single family residence. This defin- ition includes, but is not limited to treatment pools, therapeutic pools,whirlpools,spa pools,hot tubs and wading pools. This definition does not include tem- porary above ground swimming pools,` Swimming Pool Anybasin for holding water, de- signed for human yse,with a water depth greater than 24 inches. Swimming Pools include public or Semi'- public special purpose pools, public or semi-public. swimming pools,residential swimming pools,residen- tial special purpose pools and temporary above ground swimming.pools! Section 2. Subsection 450.01 of the City Code is hereby amended by adding the following definition: "Temporary Above Ground Swimming,Pool..A swim-- ming pool which is inflated or assembled above - ground or on the ground and is intended by design to be seasonal in nature and available only to the occu- pants of a residence and their guests." Section 3. Subd11of Subsection 450.06-is hereby amended to read as follows: Subd 11. Above Ground Swimming Pools;Fill. Ex- cept for residential special purpose pools and tempo-_ rary aboveground swimming pools allowed by Sub- section 450.07,swimming pools that are constructed or erected above ground or are designed to be con- structed on the ground or above the ground are and shall be prohibited. No fill shall be placed or grading done on a property to raise the ground elevation for the purpose of:raising the top elevation of the pool walls. Section 4. Subsections 450.07 through Subsection 450.27 are hereby renumbered Subsection 450.08 through Subsection 450.28. Section 5:_Section 450 of the City Code is amended by ,�•i�' - _"' -t�eeF_4.o41:.450¢7 as�llnws- _ '---,. "450.07 Temporary Above Ground Swimming Pools. Temporaryabove ground swimming pools are permit- ted subject to the following restrictions: A Temporary above ground swimming pools shall be removed-And stored indoors between October.15 and April 15. B. Temporary above ground swimming pools shall not have a water surface area in excess of 255 square feet and shall not be capable of having a water depth,greater than 48 inches. C. Drainage from a temporary above ground swim- ming pool shall be directed to the sanitary sewer or onto the property Where such a pool is located in a manner which prevents runoff.onto adjoining properties..Drainage onto a public street or storm sewer system is prohibited. D. Diving boards appurtenant to temporary above ground swimming pools are prohibited. E. Temporary above ground swimming poois shall be equipped with a ring buoy with not less than 15 feet of line,attached or a pole or shepherds crook not less than-_10 feet in length. " F Temporary aove ground swimming pools are ex- empt from the requirements of the following Sub- sections.450.02 Construction Permit Approval, 450.03 Plans to be Submitted,450.04 Construc- tion in Accordance with Approved Plans;Devia- tion,450.05 Permit Fee,450.06 Construction ex- cept Subd 11 thereof,450.08.Recirculation Sys- tem,450.09 Recirculation Pump,450.10 Pool Pip- ing, 450.11 Recirculating Skimming Device, 450:1.2 Inlets, 450.13 Outlets, 450.16 Test, 450.19S afely Rope and Anchors, 450.26 Safety Precautions, and 450.28 Public or Semi-Public Swimming pool and Special Purpose Pool" . Section 6. Subsection 450.20(as renumbered by Section 6 of this ordinance)is amended to read as follows: Subd 1 Code Conformance. All electrical installa- her overhead or underground or within teri feet of a swimming pool except for pool lighting or pool acces- sories." Subd.3 Grounding. All metal fences,enclosures or railings near or adjacent to a swimming pool which might become electrically alive;as a result of contact with broken overhead conductors,or from any other cause,shall be`effectively grounded' Section 7. Subsection;450.21(as renumbered by Section 4 of this ordinance)is amended by.deleting the word"res- idential"from the first line thereof._ Section 8. The first sentence of Subsection 450.24(as renumbered by Section 4 of this ordinance)is amended to read as follows: "No portion of a swimming pool,except a residential special purposepool;orany appurtenance shall be lo- cated within 40 feet;of any side or rear lot line,nor in the required front yard as provided in Section 850 of this Code.-No portion of a residential special purpose I