Ordinance No. 131 Consolidated Land Use Ordinance

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4. Location and specifications of protective fencing. 2. Construction setback requirements for pools. Private outdoor swimming pools shall be constructed as to avoid hazard or damage to the occupants of the subject property or the occupants of adjacent property and shall meet the following minimum requirements: 1. Underground or overhead utilities shall be located in conformance with the National Electric Code; 2. No pool shall be located within any private easement, public or private utility easement, ingress or egress easement, drainage way, marsh, or other location in which it will represent a threat to the natural environment; 3. In areas zoned or used for single family residential purposes, pools are prohibited in the front yard and shall not be located within thirty (30'0") feet of any lot lines, nor within ten (10'0") feet of any principal structure or accessory buildings except accessory building without frost footings. No mechanical equipment shall be located closer than thirty (301011) feet to any lot line; 4. No portion of any swimming pool or appurtenances thereto shall be located less than ten (10'0") feet to any portion of a sewage disposal line or sewage treatment system, nor shall any water supply line for a swimming pool be less than fifteen(15'0") feet from any portion of the sewage treatment system. 3. Safety Fence Required. A safety fence of at least four (4'0") feet in height shall completely enclose the outdoor pool. All openings or points of entry into the pool area shall be equipped with self -closing and self -latching gates or doors. All gates and doors shall have a latch which is no less than four (4'0") feet above the ground level and which shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall be latched when the pool is not in use or is unattended by an adult with demonstrated swimming ability. Any opening between the bottom of the fence and the ground level shall not exceed three (3") inches. 1. Safety fences shall be constructed of materials with minimum spaces between the materials and shall be constructed so as to inhibit the climbing thereof by any person. If a safety fence is located within an area subject to and covered by a homeowners association, and if such homeowners association has an architectural review committee, then the architectural review committee shall approve the location and style of the fence. 2. Above ground pools of four (4') feet or more in wall height shall be exempt from complete closure by a type of fence resistant to being climbed, however, above ground pools shall be equipped with a fence and gate system at all point of entry to the pool. Said fence and gate system shall effectively control access to the pool and shall be constructed pursuant to the specifications herein contain for underground pools. 3. Temporary fence. No person shall introduce or cause to be introduced any water to a depth of more than eighteen (18") inches into the shallowest portion of any swimming pool newly constructed or being constructed until such time as the Building Official authorizes the filling of such pool with water. Such authorization shall be withheld until, as a minimum, the permittee has caused such pool to be completely enclosed by a swimming pool construction fence. Said construction fence shall: 1. Be of snow fence like of similar design and be securely anchored in place; 2. Be constructed with its base flush to the ground; 3. Be at least four (4'0") feet in height and have supportive posts placed no more than eight (8'0") feet apart; 4. Remain in place until a permanent fence completely enclosing the swimming pool is installed. 4. All outdoor Spas shall either have a fence as described in this section for outdoor swimming pools or a latchable cover. The cover should be constructed of a material impenetrable by toddlers and subject to inspection by the City building Official. 4. Miscellaneous Requirements. Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 77