5.11. PCSR 09-28-2004 Item # 5.1 I.
a
River
MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Planne tI�®
DATE: September 28, 2004
SUBJECT: Case No. OA 04-03
Request by City of Elk River for Ordinance Amendment
Request
Consider an ordinance amendment regarding fencing around pools
Attachment
• Current ordinance
Overview
The current ordinance is not clear about fencing requirement around pools. Fencing is only
referenced as a note in the dimensional regulations chart. It only states that pools shall be
completely enclosed with an opaque chainlink or equivalent fence at least four feet high with
a lockable gate.
Issues
What is opaque?
It is not clear why this term is included. Is it to screen the pool or is it an attempt to make
the fence non-climbable. If a resident wants privacy they can install a stockade fence or
utilize landscaping.A four-foot high fence, even with slates,would still be climbable for a
determined child.
What about above ground pools?
Memo to Planning Commission/Case No.OA 04-03
September 28,2004 Page 2
The current ordinance requires all pools have a fence. If a resident has a two foot deep
portable pool it has to be fenced.There is no distinction between a portable wading pool or
a permanent in ground pool.
At what point does the fence have to be installed?
The current ordinance does not identify a specific time frame for when the fence has to be
installed.A resident can install the pool, fill it and begin using it prior to the fence being
installed. It will not be caught until the resident calls for final inspection;they have up to a
year to do this.
Proposed Ordinance
POOLS
All below ground pools that require a building permit shall be enclosed with a fence that is a
minimum four feet high and includes lockable gates. The fence shall be installed prior to
filling the pool. Fencing shall be chain link,vertical pickets or solid. Spaces between the
bottom of the fence and the ground or between the pickets shall not exceed 4 inches.
All above ground pools that require a building permit shall be enclosed with a fence,that
complies with standards for below ground pools, or has access controlled with a lockable or
removable ladder.
The above ordinance is proposed to address the issues outline above.
What is opaque?
The reference to opaque was eliminated.The intent of the fence is to prevent young children
from accessing the pool. This can be accomplished without requiring that the fence be
opaque.
What about abate ground pools?
Pools 5000 gallons and larger require building permit. This criteria was used as the base for
when a fence is required around a pool. For above ground pools, a fence is not needed if
access to the pool is controlled with a lockable gate, or lockable or removable ladder
At what point does the fence haze to be installed?
The fence will have to be installed prior to filling the pool.
S:\PLANNING\Case Files\2004\OA 04-03 City of ER Pools\OA04-03PC9-28.doc
§30-1007 ELK RIVER CODE
s Swimming pools shall be set back a minimum of eight feet from the side yard and rear yard lot lines
and must comply with the required front yard setback as this subdivision II. Swimming pools must be
completely enclosed with an opaque chainlink or equivalent fence at least four feet high with a lockable
gate.
(Code 1982, § 900.18(2); Ord. No. 01-15, § 1, 10-15-2001)
Secs. 30-1008-30-1021. Reserved.
DIVISION 7. COMMERCIAL OR BUSINESS district are Accessory
follows:
Accessory uses in the C-1
DISTRICTS*
(1) Temporary signs as permitted in section
Subdivision L In General 30-851 et seq.
Sec. 30-1022. C-1 central business district. (2) Permanent signs.
a. One permanent area identification
(a) Purpose. The C-1 central business district sign per neighborhood, subdivision,
is appropriate for retail, service, and commercial or development, not to exceed 64
uses to serve the shopping and service needs of square feet in sign area. The area
the residents and surrounding community, as identification sign shall be located
distinguished from highway commercial uses.The on the same premises as the devel-
central business district is intended to encourage opment it identifies.
uses and designs that are consistent with the
historic character of the central business district. b. One on-premises freestanding busi-
Emphasis shall be placed on pedestrian access ness sign per premises,not to exceed
and design standards with flexibility to preserve one square foot in sign area for each
the historic character of the central business linear foot of street frontage up to a
district. Uses shall be designed to eliminate any maximum of 64 square feet. Such
nuisance or incompatibility with surrounding uses. signs may not exceed the lower of
the height of the roofline or a maxi-
(b) Permitted uses. Permitted uses in the C-1 mum of 20 feet. Freestanding signs
district are as follows: shall have a minimum setback of ten
feet from any public right-of-way mea-
(1) Governmental, business and professional sured to any portion of the sign, and
offices. a minimum clearance of eight feet
(2) Financial institutions. over any vehicular use area and any
pedestrian use area.
(3) Retail stores and shops. c. Two on-premises business wall signs
(4) Personal service establishments. per occupancy, not to exceed one
square foot in combined sign area for
(5) Outpatient health care facilities. each linear foot of the building front-
(6) up to a maximum accumulation
(6) Hotels. of 128 square feet per occupancy.
(7) Class I restaurants. Businesses shall be allowed at least
32 square feet of wall signage regard-
(8) Public parks. less of building dimensions.No indi-
vidual sign shall exceed 64 square
(9) Sale of firearms. feet and no occupant shall have more
than one wall sign on a building
*Cross reference—Licenses and business regulations,ch. face.
38.
CD30:128