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ORD 08-19ORDINANCE NO. 2008 -19 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO CITY CODE RELATED TO SWIMMING POOLS. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. Section 2-4-2.13 of the Otsego City Code is hereby amended to include the following provision: 8. Swimming Pool Administrative Permit $50.00 Section 2. Section 20-2-2.S of the Otsego Zoning Ordinance shall be amended to read as follows: Swimming Pool: Any pool, tank, depression or excavation in or above ground, including swimming pools, spas and hot tubs but not including stormwater facilities, which causes or has the capacity to retain water with a depth greater than thirty (30) inches and which is intended to be used by individuals for swimming, wading or immersion purposes. Section 3. Section 20-16-5 of the Otsego Zoning Ordinance shall be amended to read as follows: 20-16-5: SWIMMING POOLS: A. All above or below ground swimming pools shall be subject to the setback requirements for accessory structures established by Section 20-16-4 of this Chapter. B. Administrative Permit. An Administrative Permit shall be required for all swimming pools as defined by Section 20-2-2 of this Ordinance that do not require a building permit. Each application for an Administrative Permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show: 1.' The proposed location and its relationship to the other buildings and structures on the lot. 2. The size of the pool. 3. Fencing and other fixtures existing on the lot including utility locations and trees. 4. The location, size and types of equipment to be used in connection with the pool, including but not limited to, filter unit, pump, fencing and the pool itself. 5. A plan for drainage of the pool explaining drainage method and location. 6. That the requirements contained in Section 20-16-5.0 will be satisfied. C. All swimming pools as defined by this Ordinance shall be provided with safeguards to prevent children from gaining uncontrolled access. This may be accomplished with fencing or other enclosure of sufficient density as to be impenetrable. Fences. If fences are employed, they shall be at least four (4) feet in height. The opening between the bottom of the fence and the ground or other surfaces shall not be more than four (4) inches. Fences shall be of a non -corrosive material and shall be constructed so as to be not easily climbable. All fencing openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self -latching -devices placed at a sufficient height so as to be inaccessible to small children. All fence posts shall be decay or corrosion -resistant and shall be set in concrete bases or other suitable protection. 2. Accessory decks. Above ground pools with an accessory deck constructed within three (3) feet of the pool shall install a thirty-six (36) inch guard rail around the deck. All openings shall be equipped with self- closing and self -latching gates. 3. Pool covers. All above ground swimming pools shall be covered when not in use by a cover constructed of a material which prevents uncontrolled access. Pool covers, whether they can be locked or not, do not alone meet public safety requirements if the cover is of the type that can collect and hold natural water. 4. Ladders. For all above -ground swimming pools utilizing a ladder for pool access, ladders shall be removed from the pool area when not in use to prevent uncontrolled access. 2 Section 4. This Ordinance shall be in full force and effect from and after its passage and publication according to law. MOTION BY: Heidner SECOND BY: Scharber ALL IN FAVOR: Darkenwald, Heidner, Scharber, Stockamp, Thomted THOSE OPPOSED: None ADOPTED by the Otsego City Council this Ie day of October, 2008. CITY OF OTSEGO L , mi m 10% WIER ATTEST: jalnzw-, Tami Loff, Deputy City CTerk Published: 10-22-08 Star News