5.10. SR 10-18-2004
Item# 5.10
,
MEMORANDUM
FROM:
Mayor and City Council
Scott Harlicker, Senior Plann~~
October 18, 2004
TO:
DATE:
SUBJECT:
Case No. OA 04-03
Request by City of Elk River for Ordinance Amendment
Reauest
Consider an ordinance amendment regarding fencing around pools
Attachment
. Current ordinance
. Proposed 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. At the Planning Commission meeting, it was suggested that one possible
reason for including the term opaque was to address the issue of "attractable nuisance".
Memo to Mayor and City Council/Case No. OA 04-03
October 18, 2004
Page 2
What about above ground pools?
The cUttent 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
mininlUm 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. On above ground pools that are a
minimum of four feet above grade on all sides, access can 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 above 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 finee have to be installed?
The fence will have to be installed prior to filling the pool.
S:\pLANNING\Case Files\2004\OA 04-03 City ofER Pools\OA04-03CC10-18.doc
Memo to Mayor and City Council/Case No. QA 04--03
October 18, 2004
Page 3
Plannina Commission Meetina
At the Planning Commission meeting held on September 28th, no one spoke at the public
hearing. The Commission discussed how the height should be measured on above ground
pools. The height should be measured above grade and on all sides of the pool.
Recommendation
The Planning Commission and staff recommend that the City Council adopt the attached
ordinance amendment clarifying the fencing requirements for pools.
S:\PLANNING\Case Files\2004\OA04--03 City ofER Pools\OA04--03CC10-18.doc
~ 30-1007 ELK RIVER CODE
-7f 5 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)
Sees. 30_1008-30-1021. Reserved.
DMSION 7. COMMERCIAL OR BUSINESS
DISTRICTS'
Subdivision 1. In General
Sec. 30-1022. C-l central business district.
(a) Purpose. The C-1 central business district
is appropriate for retail, service, and commercial
uses to serve the shopping and service needs of
the residents and surrounding community, as
distinguished from highway commercial uses. The
central business district is intended to encourage
uses and designs that are consistent with the
historic character of the central business district.
Emphasis shall be placed on pedestrian access
and design standards with flexibility to preserve
the historic character of the central business
district. Uses shall be designed to eliminate any
nuisance or incompatibility with surrounding uses.
(b) Permitted uses. Permitted uses in the C-1
district are as follows:
(1) Governmental, business and professional
offices.
(2) Financial institutions.
(3) Retail stores and shops.
(4) Personal service establishments.
(5) Outpatient health care facilities.
(6) Hotels.
(7) Class I restaurants.
(8) Public parks.
(9) Sale of firearms.
"'Cross reference--Licenses and business regulations, ch.
38. '
(c) Accessory uses. Accessory uses in the C-1
district are as follows:
(1) Temporary signs as permitted in section
30-851 et seq.
(2) Permanent signs.
a. One permanent area identification
sign per neighborhood, subdivision,
or development, not to exceed 64
square feet in sign area. The area
identification sign shall be located
on the same premises as the devel-
opment it identifies.
b. One on-premises freestanding busi-
ness sign per premises, not to exceed
one square foot in sign area for each
linear foot of street frontage up to a
maximum of 64 square feet. Such
signs may not exceed the lower of
the height of the roofline or a maxi-
mum of 20 feet. Freestanding signs
shall have a minimum setback often
feet from any public right-of-way mea-
sured to any portion of the sign, and
a minimum clearance of eight feet
over any vehicular use area and any
pedestrian use area.
c. Two on-premises business wall signs
per occupancy, not to exceed one
square foot in combined sign area for
each linear foot of the building front-
age up to a maximum accumulation
of 128 square feet per occupancy.
Businesses shall be allowed at least
32 square feet of wall signage regard-
less of building dimensions. No indi-
vidual sign shall exceed 64 square
feet and no occupant shall have more
than one wall sign on a building
face.
CD30:128
ORDINANCE 04 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-796 AND 30-1007
OF THE CITY CODE OF ORDINANCES
RELATING TO FENCES AROUND SWIMMING POOLS
Case No. OA 04-03
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-796 titled Fences, visibility at intersections and driveways of the City
of Elk River Code of Ordinances shall be amended by adding the following:
Sec. 30-796. Fences. visibility at intersections and driveways.
(d) (4) (a) 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.
(b) All above ground pools that require a building permit shall be enclosed with a fence that
complies with standards for below ground pools. On above ground pools that are a
minimum of four feet above grade on all sides, access can conttolled with a lockable or
removable ladder.
Section 2. Section 30-1007 titled Accessory structures City of Elk River Code of
Ordinances shall be amended by amending the following:
Section 30-1007. Accessm:y structures
(5) Swimming pools. Swimming pools shall be setback 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 comply with the fencing requirements found in
Section 30-796.
Section 3. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 18th day of
October, 2004.
Attest:
Stephanie Klinzing
Mayor
Joan Schmidt
City Clerk