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Item 3.2 Amending ZO Accessory Buildings3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 MEMORANDUM TO: Otsego Planning Commission FROM: D.Daniel Licht, AICP DATE: 3 February 2022 RE: Otsego – Zoning Ordinance; Accessory Uses TPC FILE:101.01 BACKGROUND A resident attended the 10 January 2022 City Council meeting with a request that the City consider changes to the current regulations for allowance of pole buildings as residential accessory structures and the City Council directed that the Planning Commission review the issue and make recommendations. There are two other accessory structure related issues that have been raised by residents that City staff is including as part of the Planning Commission discussion as it is within the same section of the Zoning Ordinance. A public hearing has been noticed for the Planning Commission meeting on 7 February 2022 for the Planning Commission discussion so as to allow for public input in considering possible amendments to the Zoning Ordinance. Exhibits: A1/A2 District Map Swimming pool information Draft ordinance ANALYSIS Pole Buildings. The Zoning Ordinance was amended on 14 October 2002 to establish provision for allowance of pole buildings as residential accessory structures. Section 11‐18‐2.G.3 of the Zoning Ordinance allows pole buildings provided that: Item 3.2 2  The property is within the Rural Residential Preserve or Urban Service Expansion Area guided by the Comprehensive Plan.  The property is zoned A1 District or A2 District.  The property has an area of five acres or greater. The third requirement is the issue to be reviewed by the Planning Commission and the resident that approached the City Council owns a lot within the Urban Service Expansion Area zoned A1 district that is 2.5 acres in area. There are 143 parcels located within the Rural Residential Preserve and Urban Service Expansion Area zoned A1 or A2 District that are less than five acres in area. The number of lots less than five acres in area are likely to increase based on the subdivision allowances for the Urban Service Expansion Area in accordance with the Interim Land Use Plan policies of the Comprehensive Plan. The Zoning Ordinance amendment adopted in 2002 established performance standards specific to the number, area, and construction standards for residential accessory buildings in place of a process that previously involved applications for conditional use permits for accessory buildings to allow multiple buildings, larger buildings, or pole building construction. The provisions addressing pole buildings are intended to limit their construction to rural areas of the City where they are more consistent aesthetically with the character of the area and, in consideration of the City’s Future Land Use Plan, considered to be interim structures mitigating concerns about the long‐term maintenance of this type of construction. Amending the Zoning Ordinance to remove the requirement that a property be a minimum of five acres in area is not likely to result in a significant increase in the number of accessory buildings or cause compatibility issues within what are rural areas of the City. Front Yard. The Zoning Ordinance was amended on 13 January 2014 to specify that a detached accessory building constructed on a residentially zoned property cannot be located between the front lot line and house. The intent of the provision is to minimize the visibility of the detached accessory structure relative to the house on the property as viewed from the public street to emphasize the residential character of the neighborhood. This provision was amended on 26 September 2016 to specify that the prohibition on detached accessory buildings within the front yard does not apply to the side yard of a corner lot abutting a public street. City staff has encountered several instances where a property owner is proposing to construct a detached accessory building for use as a garage (where no attached garage exists) within the front yard of the lot. In these instances, the property owner has objected to the requirement based on the number of other properties immediately surrounding their own lot having just that condition. To this end, City staff suggests amending the provision to allow one detached accessory building to be located in the front yard when no attached garage exists for lots within the R1, R2, and R3 District, which are older lots with minimum area of one acre generally within the Long Range Urban Service Area designated by the Comprehensive Plan. 3 Swimming Pools. Section 11‐18‐5.C of the Zoning Ordinance establishes provisions related to above and below swimming pools requiring safeguards to prevent uncontrolled access to protect public safety. The Zoning Ordinance specifies that for below ground pools, a fence at least four feet in height to be equipped with self‐closing and latching gates be installed at the perimeter of the pool area except where a wall or other impenetrable vertical structure prevents access. City staff frequently encounters questions from residents and pool installers regarding use of an automated cover for underground pools to meet the safeguard requirements of the Zoning Ordinance. City staff has not allowed use of an automated cover in lieu of a fence as an access safeguard for underground pools. A resident that has installed an inground pool has submitted information regarding automatic covers and is requesting consideration that the covers alone be allowed to meet the intent o the safeguard requirements of the Zoning Ordinance. Their cover installer identified the following Minnesota cities, townships and counties that allow covers as a stand‐alone safeguard. Afton Bayport (R2 only) Belle Plaine Twp. Belgrade Blaine Buffalo Cedar Lake Twp. Credit River Twp. Dayton Dahlgren Twp. Deephaven Dover Empire Twp Elko New Market Faribault Foley Gilman Grant Twp. Greenfield Hastings Hanover Helena Twp Holdingford Hudson Twp Independence Inver Grove Heights Jackson Twp Louisville Twp May Twp Medina Minnetrista Minnetonka Beach Mound New Market Twp Northfield Oakgrove Orono Ramsey Randolph Twp. Rice Rochester Rockford Rogers Royalton St. Augusta St. Cloud St. Croix Falls St. Lawrence Twp Sand Creek Twp. Sartell Scandia Scott County Sherburne County Spring Lake Twp. Stearns County Stillwater Twp. West Lakeland Wright County City staff verified the code allowance for automatic covers in lieu of fencing for those cities adjacent to Otsego or located in Wright County. Buffalo, Hanover, Rockford, and Rogers allow an exception to a fence provided that the automatic cover conform to the standards published as F1346‐91 of the American Society of Testing and Materials (ASTM). The other surveyed cities did not make a specific allowance for automatic covers within the text of their City Code. 4 The current requirements of the Zoning Ordinance requiring a fence for all pools is a safeguard that is passive in its function. It may be defeated but requires an action such as climbing the fence, propping a gate open, etc. Conversely, an automatic pool meeting appropriate specifications can provide a safeguard, but requires direct action to put the safeguard into place. The draft ordinance includes options to either clarify the existing provisions of the Zoning Ordinance or to make allowance of an automatic pool cover in lieu of a fence or other physical barrier. RECOMMENDATION City staff has drafted a possible amendment to the Zoning Ordinance to address the issues raised regarding residential pole buildings, residential accessory buildings in front yards, and swimming pool safety protections to facilitate Planning Commission discussion. The Planning Commission may make changes to the proposed ordinance amendment, accept the changes as written, or reject any or all of the changes. POSSIBLE ACTION 1. Motion to recommend City Council approval of an ordinance amending the Zoning Ordinance regarding accessory buildings as presented [as amended]. 2. Motion to recommend the City Council not approve an amendment of the Zoning Ordinance regarding accessory buildings. 3. Motion to table for further discussion. c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Barb Williams, Building Technician David Kendall, City Attorney SOURCES: Wright CountyK:\GIS\Projects\Municipal\OTSEGO\OT901-2022\Parcels less than 5 acres.mxd RESIDENTIAL PARCELSLESS THAN 5 ACRES January 12, 2022 Legend RESIDENTIAL PARCELS < 5 ACRES A-1 AGRICULTURAL-RURAL SERVICE AREA A-2 AGRICULTURAL-LONG RANGE URBAN SERVICE AREA A-1 OVERLAP A-2 OVERLAP MEMO Date: July 3, 2007 To: To Whom it May Concern From: Harold Rogers, V.P. Sales Re: Coverstar safety covers: UL and ASTM standard F 1346-91 for safety covers for swimming pools All Coverstar cover systems including the Eclipse (CS 1800 SS), CS1800 (CS 1800), Leading Edge (CS1800 LE), CS1800 SwimWise (CS1800 SW), Omega (CS 1800), CS3000 (CS 1800) are UL listed (UL certification listing is shown in parenthesis). All meet the ASTM standard for safety covers as specified in ASTM standard F 1346-91 when they are installed and maintained properly according to the installation and homeowner instructions which have been provided by Coverstar. On several different occasions, the Coverstar covers, both automatic and manual have been tested by independent testing laboratories and have always been found to be in compliance with all the ASTM requirements for safety covers. Our covers are also listed by UL (File E164833) and classified by UL as a power safety cover in accordance with ASTM F 1346-91 If you wish to verify either of the UL certifications, take the following steps: Go to www.ul.com Once there click on Search UL.com Click on Online Certifications Directory. Under General Search click on UL File Number Type in E164833 and hit enter You should now see Coverstar’s listings. If you have problems, you can also search by company or by Automatic Pool Covers If more information is required about ASTM and its standards, you can go to their website at www.astm.org. Shown below is the UL authorized label that is attached to the automatic cover system that we ship which shows both UL certification and compliance with ASTM F 1346-91. A label is also placed on the front of every cover stating that we meet the ASTM safety standards. If you have any further questions about our covers, the UL certifications or the ASTM standards, please call or Email me. L0127 7-3-07 COVERSTAR INC. 1795 West, 200 North, Lindon, UT 84042 Phone 800-617-7283 Fax 801-373-5095 Email hr@coverstar.com Designation: F 1346 – 91 (Reapproved 2003) Standard Performance Speciﬁcation for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs 1 This standard is issued under the ﬁxed designation F 1346; the number immediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A superscript epsilon (e) indicates an editorial change since the last revision or reapproval. 1. Scope 1.1 This speciﬁcation establishes requirements for safety covers for swimming pools, spas, hot tubs, and wading pools (hereinafter referred to as pools, unless otherwise speciﬁed). When correctly installed and used in accordance with the manufacturer’s instructions, this speciﬁcation is intended to reduce the risk of drowning by inhibiting the access of children under ﬁve years of age to the water. 1.2 This speciﬁcation includes performance tests to demon- strate the compliance or noncompliance to requirements herein stated for safety covers. It also includes marking requirements for all covers. 1.3 The values stated in inch-pound units are to be regarded as the standard. The values in parentheses are given for information only. 1.4 The following safety hazards caveat pertains only to the test methods section, Section 9, of this speciﬁcation:This standard does not purport to address all of the safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limita- tions prior to use. 2. Referenced Documents 2.1 NFPA Document: National Electrical Code, Article 680-26 2 3. Terminology 3.1 Deﬁnitions of Terms Speciﬁc to This Standard: 3.1.1 appurtenances—subordinate parts or adjunct acces- sory components to the cover such as hardware including buckles, straps, ties, springs, anchors, tracks, rollers, lifting arms, and the like. 3.1.2 automatic cover—a cover which can be placed over the water area and removed with a motorized mechanism actuated by a suitable control mechanism. See also power safety cover (PSC),other cover (OC). 3.1.3 barrier—something that restrains or obstructs access to the body of water. 3.1.4 blanket—a material used for thermal insulation. See also solar energy blanket. 3.1.5 cover—something that covers, protects or shelters, or a combination thereof, a swimming pool, spa, or hot tub. 3.1.6 debris cover—a cover with attendant appurtenances positioned over the pool area which permits the cover to prevent debris, such as foliage, dirt, windblown trash, and the like from entering the pool. It is intended to be completely removed before the entry of bathers. See also other covers (OC). 3.1.7 decks—those areas abutting a pool, spa, or hot tub that are speciﬁcally constructed or installed (for example, of wood, concrete, brick, stone, and the like) for use by bathers for sitting, standing or walking and may also act as a base for supports for covers. 3.1.8 dome—a semipermanent enclosure supported by trusses, or positive air pressure erected over the pool area to provide temperature and atmospheric control over the pool environment. 3.1.9 energy conservation—the reduction of heat loss from pool water through air convection or evaporative cooling, or both. 3.1.10 hot tub—a spa constructed of wood with sides and bottoms formed separately; and the whole shape joined to- gether by pressure from surrounding hoops, bands or rods; as distinct from spa units formed of plastic, concrete, metal, or other materials. 3.1.11 inaccessible locations—a location at least 5 ft (1.5 m) above the ground with no other access such as hand or footholds which would permit a child to reach the location. 3.1.12 manual cover—a cover which requires it to be placed over the water area by hand. See also manual safety cover (MSC), and other covers (OC). 1 This speciﬁcation is under the jurisdiction of ASTM Committee F15 on Consumer Products and is the direct responsibility of Subcommittee F15.28 on Covers for Pools, Spas, and Hot Tubs. Current edition approved Feb. 10, 2003. Published May 2003. Originally approved in 1991. Last previous edition approved in 1996 as F 1346–91 (1996). 2 Available from National Fire Protection Assoc., Batterymarch Park, Quincy, MA 02269. 1 Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States. Copyright by ASTM Int'l (all rights reserved); Reproduction authorized per License Agreement with (); Wed Mar 10 13:30:34 EST 2004 3.1.13 markings—the application of numbers, letters, la- bels, tags, symbols or colors to provide identiﬁcation and safety information and to expedite handling during shipment and storage. 3.1.14 manual safety cover (MSC)—a barrier which re- quires it to be placed over the water manually. Provides a high level of safety for children under the age of ﬁve by inhibiting their access to the water. 3.1.15 other covers (OC)—includes any cover type not incorporated in the other two classiﬁcations; PSC, MSC. They are not intended to serve as a barrier for children under the age of ﬁve. 3.1.16 power safety cover (PSC)—a barrier which can be placed over the water area and removed with a motorized mechanism actuated by a suitable control mechanism. Provides a high level of safety for children under the age of ﬁve by inhibiting their access to the water. 3.1.17 safety cover—a barrier (intended to be completely removed before entry of bathers), for swimming pools, spas, hot tubs or wading pools, attendant appurtenances and/or anchoring mechanisms which reduces—when properly la- beled, installed, used and maintained in accordance with the manufacturers’ published instructions—the risk of drowning of children under ﬁve years of age, by inhibiting their access to the contained body of water, and by providing for the removal of any substantially hazardous level of collected surface water. See also power safety cover (PSC), and manual safety cover (MSC). 3.1.18 solar energy blankets—a cover which is a ﬂoating translucent (not transparent) heat insulating sheet incorporat- ing, for example, encapsulated air bubbles or similar low heat transfer (ﬂoating) sheet material whose purpose is to inhibit heat dissipation from the pool water surface through air convection or evaporative cooling. The sheet material, custom- arily translucent (not transparent) to permit the transfer of solar radiation energy directly to the pool water at all depths and intended for day and night use, is cut to the shape of the pool and is not affixed to the pool structure. It is intended to be completely removed before the entry of bathers. 3.1.19 energy conservation blanket—a cover which is a ﬂoating heat insulating sheet material incorporating, for ex- ample, a cellular foam or similar low-heat transfer material whose purpose is to inhibit heat loss from the covered water, through air convection or evaporative cooling, or both. Such materials are customarily cut to the shape of the pool and are intended for a night covering. The blanket is not affixed to the pool structure. It is intended to be completely removed before the entry of bathers. 3.1.20 wading pool—a shallow pool intended for wading, not swimming. 3.1.21 waterline—the waterline shall be deﬁned in one of the following ways: 3.1.22 skimmer system—the water line shall be at the mid-point of the operating range of the skimmers. 3.1.23 overﬂow system—the waterline shall be at the top of the overﬂow outlet. 4. Cover Classiﬁcations and Minimum Qualiﬁcation Criteria 4.1 Power Safety Cover (PSC)—Provides a high level of safety for children under the age of ﬁve by inhibiting their access to the water. 4.1.1 Must satisfy 5.1-5.3, 6.1-6.5, 7.1-7.4, 8.1, 8.2, 8.4- 8.12, 9.1-9.4, 10.1-10.4, and all subsections. 4.2 Manual Safety Cover (MSC)—Provides a high level of safety for children under the age of ﬁve by inhibiting their access to the water. May require a longer period of time to be fully secured. 4.2.1 Must satisfy 5.1-5.3, 6.1-6.5, 7.1-7.4, 8.1, 8.2, 8.4- 8.12, 9.1-9.4, and all subsections. 4.3 Other Covers (OC)—Includes any cover type not incor- porated in the other two categories MSC, PSC. They are not intended to serve as a barrier for children under the age of ﬁve. Design characteristics may be hazardous when used in the presence of children under the age of ﬁve. 4.3.1 Shall satisfy 5.1-5.3, 8.1-8.3, 8.5-8.12, and all subsec- tions. 5. Materials and Manufacture 5.1 Only materials not known to be harmful to health, within the intended application, shall be used. 5.2 All materials and components shall be durable and satisfactory for the intended purpose under the conditions normally prevailing at the site. 5.3 The cover shall be manufactured or fabricated, or both, in accordance with generally accepted, good manufacturing practices. 6. General Requirements for Safety Covers 6.1 Installation/Use of safety covers—Unless installed by the manufacturer, or responsible parties, or both, detailed instructions for installation shall be given in a form included in the packaging or a label, or both, attached to the cover. 6.2 Labels attached to the cover shall meet the general requirements described in 8.5.1 and 8.8-8.8.2. 6.3 Markings for safety covers shall include: 6.3.1 the manufacturer’s name, 6.3.2 date manufactured or installed, and 6.3.3 instructions to consumers to inspect the cover for premature wear or deterioration. 6.3.4 Labels attached to covers shall meet the general requirements described in 8.4.1, 8.7-8.8.1, and 8.9. 6.4 Fastening mechanisms or devices—Ties, attachment points, anchors, anchorage, and controls for automatic covers or other means of fastening a cover shall include provisions such as keys, combination locks, special tools, devices, or inaccessible locations, and the like, to inhibit children under ﬁve years of age from removing or operating the cover. When subjected to the load and perimeter deﬂection tests described in 9.1 and 9.2, all fastening devices shall remain in their intended, secured or closed, or both, position. After the test, the intended performance of the device should not be impaired. 6.5 Openings—The cover shall be designed in such a way that, when it is tested by the test method described in 9.4, any opening in the major component or between the edge of the F 1346 – 91 (2003) 2Copyright by ASTM Int'l (all rights reserved); Reproduction authorized per License Agreement with (); Wed Mar 10 13:30:34 EST 2004 cover and the deck surface or coping wall, or both, and the top surface of the spa or pool does not allow the test object to pass through. The test object shall not gain access to the water, or be subject to entrapment. 6.6 Seams, ties or welds in the cover shall show no signs of damage, which will impair intended performance of the device when the cover is tested by the methods described in 9.1-9.4. 7. Performance Requirements for Safety Covers 7.1 Static Load—In the case of a pool with a width or diameter greater than 8 ft (2.4 m) from the periphery, the cover shall be able to hold a weight of 485 lb (220.0 kg) (2 adults and 1 child) to permit a rescue operation. 7.1.1 In the case of a pool with a width or diameter not greater than 8 ft (2.4 m) the cover shall withstand the weight of 275 lb (125 kg) (weight of a child and an adult). Compliance shall be determined by the test method described in 9.1. 7.2 Perimeter Deﬂection—The cover shall be designed in such a way that, when it is tested by the test method described in 9.2, deﬂection of the cover does not allow the test object to pass between the cover and the side of the pool, or to gain access to the water. 7.3 Surface Drainage—The cover shall be so constructed, or incorporate a system, or have an auxiliary system provided, that when used in accordance with the manufacturer’s instruc- tions, shall drain substantially all standing water from the cover within a period of 30 min after cessation of normal rainfall. Compliance shall be determined by the test in 9.3. 7.4 Opening Tests—The tests shall be conducted by the test method described in 9.4 to demonstrate that any opening in the major component or between the edge of the cover and the deck surface or coping wall, or both, and the top surface of the pool or the top surface of the spa is sufficiently small and strong to prevent the opening from being forced to a size that will allow the test object to pass through. 8. Minimum Label Requirements for All Covers for Swimming Pools, Spas, and Hot Tubs 8.1 Product Label—All covers shall be labeled/marked to identify manufacturers or other responsible parties (such as private label distributors), or both. Labels attached to covers shall meet the general requirements described in 8.5.1 and 8.8-8.8.2. 8.2 Warning Labels—All covers shall be required to have attached the following warning label: 8.2.1 Signal Word—WARNING. 8.2.2 Safety Alert Symbol—Preceding the signal word there shall be triangle with an exclamation point inside the triangle. 8.2.2.1 Word Message—The standard word message shall be AVOID DROWNING RISK which shall be the ﬁrst mes- sage to appear directly under the signal word. 8.2.2.2 Additional Word Message Statement—Covers with any of the outlined hazards in Fig. 1 shall list all applicable warning statements on the label. 8.3 Color—Non-safety cover warning label. 8.3.1 Signal Word—Black letters with orange background. 8.3.2 Safety Alert Symbol—Black triangle with orange ex- clamation point. 8.3.3 Word Message—Black lettering on white background or white letters on black background. 8.4 Color—Safety cover warning label. 8.4.1 Colors assigned to the signal word panel may also be used for the message word panel provided the panel colors contrast with the lettering of the label. This is applicable to covers conforming with the PSC and MSC classiﬁcations only. 8.5 Warning Label—Letter size. 8.5.1 Lettering shall be of a size that enables a person with normal vision, including corrected vision, to read the safety sign or label at a safe viewing distance from the hazard. Considerations should be given to environmental variables that will affect readability. 8.5.2 Signal Word—Letter height shall be at least 50 % greater than the selected height of the message panel wording. 8.5.3 Safety Alert Symbol—Safety alert symbol, when used with the signal word shall precede the signal word. The base of the safety alert symbol shall be on the same horizontal line as the base of the letters of the signal word. The height of the safety alert symbol shall equal or exceed the signal word letter height. “HAZARD/WARNING STATEMENT CHART” If This Hazard Exists: Add This Warning Statement: *Will not support weight (as deﬁned in this speciﬁcation) Nonsecured or improperly secured covers *Stay off cover—will not support weight. *Concealment by slipping under cover *Keep children away. Children or objects cannot be seen under cover. *Drowning on top of cover in accumulated surface water (as deﬁned in this speciﬁcation) *Remove Standing Water—child can drown on top of cover. *Concealment, Entrapment—Drowning under cover *Remove cover(s) completely before entry of bathers—entrapment possible. *General requirement for all covers *Non-secured or improperly secured covers are a hazard. *Option to above for Safety Covers *Failure to follow all instructions may result in injury or drowning. *Cover does not meet all requirements of this speciﬁcation for PSC, MSC. *This is not a Safety Cover. FIG. 1 Hazard/Warning Statement Chart F 1346 – 91 (2003) 3Copyright by ASTM Int'l (all rights reserved); Reproduction authorized per License Agreement with (); Wed Mar 10 13:30:34 EST 2004 8.5.4 Word message letter height shall be as deﬁned in Table 1. 8.6 Letter style: 8.6.1 Signal Word shall be in sans serif letters in upper case only. 8.6.2 Message Panel shall be in sans serif letters. Letters may be in upper case only. 8.6.3 Examples of acceptable lettering styles are: medium or bold helvetica, or news gothic bold. 8.7 Placement—Location shall be such that the message will: 8.7.1 Be readily visible to the intended viewer, taking into consideration all possible viewing angles, and 8.7.2 Alert the viewer to the potential hazard in time to take appropriate action. 8.7.3 Label must be located so as not to be removed in the ﬁtting process. 8.8 Life Expectancy—The label shall have a reasonable expected life with good color stability and word message legibility when viewed as stated in 8.5.1. Reasonable expect- ancy shall be taken into consideration in accordance with the expected life of the product. 8.8.1 Protection—When possible, placement of label should provide protection from foreseeable damage, fading, or visual obstruction caused by abrasion, ultraviolet light or substances such as chemicals or dirt. 8.8.2 Attachment—The label shall be attached permanently to the product or so that it cannot be easily removed. 8.9 Replacement—Product/Warning labels should be re- placed by the product user when they no longer meet legibility requirements for safe viewing distance described in 8.5.1 and 8.9.1. In cases where products have an extensive expected life or where exposed to extreme conditions, the product user should be able to obtain replacement labels from the manufac- turer or responsible party. 8.10 Instruction/Use Label—Any product instructions or use label not attached to the product, intended to be viewed by the consumer/user shall contain in its contents the same applicable warning label as set forth in 8.2-8.6.3. 8.10.1 When special circumstances limit use of label colors to two colors, the colors assigned to the message word panel may also be used for the signal word panel provided that the panel colors contrast with background color of instruction/use label. 8.11 Packaging Label—If packaging is intended for product display to the consumer/user, applicable warning label as described in 8.2-8.6.3 shall be placed on the printed side of the package intended for display and/or consumer information. The label shall be printed on or affixed to the package and not easily removable. 8.11.1 When special circumstances limit use of label colors to two colors, the colors assigned to the signal word panel may also be used for the message word panel provided that the panel colors contrast with background color of packaging. 8.12 Compliance Labeling—All labels shall note the spe- ciﬁc cover classiﬁcation. 9. Test Methods For Safety Covers 9.1 Static Load Test: 9.1.1 This test shall be conducted to demonstrate that the cover is capable of supporting a weight of (a) 485 lbs (composed of one 210-lb, one 225-lb or one 50-lb weight) for pools or spas within a width or diameter greater than 8 ft or (b) 275 lbs (composed of one 225-lb and one 50-lb weight) for a pool or a spa with a width or diameter equal to or less than 8 ft distributed over 1 ft 2 each, all of which are within a 3-ft radius without the test objects causing damage which would allow any of the test objects to pass through the cover. During this test there shall be no requirement for the absence of water appearing on the surface of the cover. 9.1.2 Procedure—The pool shall be ﬁlled to its waterline and the cover ﬁtted in accordance with the cover manufactur- er’s instructions. The test objects shall be placed on the surface of the cover at the following critical points: 9.1.2.1 The center point of the cover. 9.1.2.2 Between attachment points and a distance of at least 4 ft (1.2 m) but not to exceed 6 ft from the side of the pool. 9.1.2.3 The test objects shall remain in each test position for a period of 5 min. 9.2 Perimeter Deﬂection Test: 9.2.1 This test shall be conducted to demonstrate the fol- lowing: if a child under the age of ﬁve were to fall onto the cover neither that child nor another child could slip through any openings that may occur between the cover and the side of the pool. 9.2.2 Perimeter Deﬂection Test Object—Test object shall be 3.7 in. (0.09 m) by 5.7 in. (0.14 m) by a minimum 12 in. length and a weight of 36.6 lbs in an ellipsoidal shape. See Fig. 2. 9.2.3 Procedure—With 50 lbs (22.7 kg) on the cover at a distance of at least 4 ft, but not exceeding 6 ft from the side of the pool, the same cover shall not deﬂect to allow a perimeter test object to pass through, gain access to the water or be subject to entrapment between the cover and the side of the pool. 9.3 Surface Drainage Test: 9.3.1 Surface Drainage Test Object—Timmy3 or equivalent (32 in. length by 9 in. width by 5 in. deep by 36.6 lbs torso-shaped object) shall be placed on the pool cover in a supine position, faceup, within two to three feet of and parallel with the pool’s edge. Three minutes later there shall not be an unsafe amount of water. An unsafe amount of water is deﬁned 3 “Timmy” is a CPR mannequin, three year old boy; available from Simulaids Inc., P.O. Box 807, Dixon Avenue, Woodstock, NY 12489. TABLE 1 Word Message Letter Height Sizes Safe Viewing Distance Minimum Letter Height for FAVORABLE Reading Conditions Minimum Letter Height for UNFAVORABLE Reading Conditions less than 24 in.Height ~in.!5View Distance 150 Height ~in.!5View Dist. 75 24 to 96 in. Height ~in.!5View Distance 300 Height ~in.!5View Dist. 150 greater than 96 in. Height ~in.!5View Distance 400 Height ~in.!5View Dist. 300 F 1346 – 91 (2003) 4Copyright by ASTM Int'l (all rights reserved); Reproduction authorized per License Agreement with (); Wed Mar 10 13:30:34 EST 2004 as any quantity of water which completely covers the torso of the surface drainage test object. 9.3.2 Procedure—Test the cover by spraying water evenly over the area at an application rate of 10 gal/min per 1000 ft 2 (9.29 m 2) of pool area for a period of 30 min. During this test, all equipment shall operate in accordance with cover manufac- turer’s instructions. Thirty minutes after completion of this procedure, the cover shall pass the test method in 9.3. At all times during the procedure, maintain the pool level at the waterline. 9.4 Openings Test: 9.4.1 These tests shall be conducted to demonstrate that any openings remain small enough to prevent a small child’s head from gaining access to the water. 9.4.2 Openings test object—A solid faced sphere test object with a maximum breadth of 4.5 in. 9.4.3 Procedure—The cover shall be ﬁtted in accordance with the cover manufacturer’s instructions. The test object shall be placed at or into any existing opening and apply a force of 40 lbs (plus or minus 1 pound) steadily to ensure the test object cannot pass through at the following critical openings: 9.4.3.1 Any opening between the edge of the cover and the deck surface and coping wall, or both, or the top surface of the spa or pool. 9.4.3.2 Any opening in the major component of the cover. 10. Operating Controls, Safety Covers 10.1 The open-close switch shall be spring-loaded or of the momentary contact type, so that when released, the cover stops operation immediately at any point in the open or closed cycle period. 10.2 The cover shall be reversible in direction from a full stop at any point in its travel without having to complete the full open or closed cycle. 10.3 Electrically operated control switches and motors shall be installed in accordance with the National Electrical Code Article 680-26. 10.4 The type of pool covering operating controls shall be such that: 10.4.1 Its ﬁxed location is in the line of sight of the complete pool cover, or by its operating process. This ensures that the operator shall be in complete view of the cover at all times during the closing or pool covering process. 10.4.2 Switching devices shall be key-operated or locked away or able to be de-activated or otherwise located in an inaccessible location. An inaccessible location shall be at a height of at least ﬁve feet above the deck. ANNEX (Mandatory Information) A1. RATIONALE A1.1 Scope A1.1.1 Although the majority of child-drowning and near- drowning which were reported did not involve safety covers, those who purport to provide a level of safety should be held to a higher level of reliability. Injury reports made available from CPSC indicate that male children, one and two years of age, living in a home with an in-ground pool are at the highest risk of being involved in a submersion incident that requires medical care. A1.2 Referenced Documents A1.2.1 Allows document reviewers the necessary informa- tion to validate the text of the standard. A1.3 Terminology A1.3.1 Consumers and new manufacturers may not be familiar with the technological language used within the text. This section also provides deﬁnitions for new terms created for this standard. A1.4 Cover Classiﬁcations and Minimum Qualiﬁcation Criteria A1.4.1 By deﬁning both the level of safety afforded and standard requirements to be satisﬁed, manufacturer and con- sumer will be able to deﬁne their needs and properly interpret NOTE 1—Area = 16.6 in. 2 NOTE 2—Perimeter = 15.0 in. FIG. 2 Template for Swimming Pool Cover Standard F 1346 – 91 (2003) 5Copyright by ASTM Int'l (all rights reserved); Reproduction authorized per License Agreement with (); Wed Mar 10 13:30:34 EST 2004 the standard. This section also allows manufacturers to re- search and develop new technology which when applied could change their designation. A1.5 Materials and Manufacture A1.5.1 Varying lead times for material availability restrict or delay immediate compliance with this standard. A1.6 Performance Requirements For Safety Covers A1.6.1 Speciﬁed load factors represent the 95th percentile for a child under the age of ﬁve as well as one male adult and one female adult. A1.6.2 If one child should gain access to the surface of the cover, another child in the area of the pool should not face increased risk. A1.6.3 Recognizing that some residual water will remain after the surface water is removed, the test has been devised to ensure that the level can be maintained below that deemed substantially hazardous to a child of three based on data received from the Consumer Product Safety Commission. A1.6.4 Openings in the major component or horizontal openings between the cover and solid structure of the pool area should remain small enough to prevent the head of a small child from gaining entrance. The head breadth for a 5th percentile of a 7 month old is about 4.5 in. The smallest mobile child would be about 7 months old since at this age 50 % of children can creep on hands and knees. A1.7 Minimum Label Requirements For All Covers For Swimming Pools, Spas, and Hot Tubs A1.7.1 Labeling on the product allows for transfer of the information to second owners and temporary users. A1.7.2 The combination of Signal Word, Safety Alert Sym- bol and Word Message provides a higher level of warning than any single effort. A1.7.3 An effort is being made nationally to make consis- tent the colors used to alert consumers to potential hazards. A1.7.4 Contrast of colors between letter colors and labels are necessary in order to attract users’ attention to label and enable readability. A1.7.5 Letter size is an important factor in warning legibil- ity so the consumer can recognize and avoid the hazard. A1.7.6 Style of lettering affects the readability of the warning message. A1.7.7 Warning labels can be more effective if they allow for reaction time on the part of the consumer. A1.7.8 Damaged labels would not provide as strong a message as necessary. A1.7.9 Due to extended life expectancy of cover products, labels cannot be expected to maintain their original appear- ance. A1.7.10 Labeling messages and format should be consistent from point of purchase to use and/or application of cover. A1.7.11 Packaging is, at times, the consumers ﬁrst exposure to product information. Information contained on the warning label is necessary for making informed choices. A1.7.12 All labels shall note that the product meets the requirements described in Speciﬁcation F 1346. A1.8 General Requirements For Safety Covers A1.8.1 Installation can be a key factor in the effectiveness of a safety cover whether it is manually or power installed. A1.8.2 Manufacturer’s markings are necessary to allow a continuity for second owners and consumer/manufacturer con- tact. A1.8.3 The mechanisms which secure the cover are an integral component that help to defeat a child’s entry to the water. A1.8.4 Openings shall not be so large that the purpose of the cover is defeated. A1.8.5 Structural integrity is necessary to provide safety. A1.9 Test Methods For Safety Covers A1.9.1 The rescue operation may require two adults and the cover shall support the total combined weight to avoid possible injury to those in the rescue attempt. The 95th percentile is represented by the 225-lb male, 210-lb female and 50-lb child. A1.9.2 This test was devised to avoid an opening large enough for one child or another child to fall between the edge of the cover and the edge of the pool when one child of 50 lb is already on the cover. A1.9.3 Recognizing that some residual water remains after the surface water is removed, this test is devised to ensure that the level is maintained below a level deemed substantially hazardous to a child under three years of age. A1.9.4 No opening shall exist in the cover or at any point that the cover joins the surface of the pool structure or deck area (which would allow a small child’s head to gain access to the water or become entrapped). The head breadth for a 5th percentile 7 month old is about 4.5 in. A1.10 Operating Control, Safety Covers A1.10.1 Operator controlled momentary contact type switches afford greater control in the event of an emergency. A1.10.2 Should a child enter the water during the closure process, the cover shall be able to reverse without total closure. A1.10.3 It is important in the case of an electrical installa- tion to protect children and all swimmers from the possibility of electrocution, which is the purpose of Article 680-26 of the National Electrical Code. A1.10.4 Operator observation of the pool during the closing process is necessary to ensure that another person does not enter the water during the process.Additionally, the location of the activating device or the ability to render it inactive is necessary to avoid unauthorized opening of the cover. F 1346 – 91 (2003) 6Copyright by ASTM Int'l (all rights reserved); Reproduction authorized per License Agreement with (); Wed Mar 10 13:30:34 EST 2004 ASTM International takes no position respecting the validity of any patent rights asserted in connection with any item mentioned in this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the risk of infringement of such rights, are entirely their own responsibility. This standard is subject to revision at any time by the responsible technical committee and must be reviewed every ﬁve years and if not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standards and should be addressed to ASTM International Headquarters. Your comments will receive careful consideration at a meeting of the responsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you should make your views known to the ASTM Committee on Standards, at the address shown below. This standard is copyrighted by ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the above address or at 610-832-9585 (phone), 610-832-9555 (fax), or service@astm.org (e-mail); or through the ASTM website (www.astm.org). F 1346 – 91 (2003) 7Copyright by ASTM Int'l (all rights reserved); Reproduction authorized per License Agreement with (); Wed Mar 10 13:30:34 EST 2004 1 ORDINANCE NO.: 2022‐XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINACE REGULATING ACCESSORY STRUCTURES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 11‐18‐2.C.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Front Yard: a. No accessory use, building, structure, or equipment shall be allowed within a required front yard and, with the exception of an attached garage, . b. No accessory building may be placed within a front yard within the R‐C, R‐1, R‐2, R‐3, R‐4A, R‐4, R‐5, R‐6 and R‐7 Districts except: (1) An attached garage. (2) One (1) detached accessory building for use as a garage when no attached garage exists on lots zoned R‐1, R‐2, or R‐3 District. Section 2. Section 11‐18‐2.G of the Zoning Ordinance is hereby amended to read as follows: G. Building Type And Standards: 1. Except for public uses owned by the City or as may be expressly allowed by this title or by conditional use permit subject to subsection H of this section, the same or suitable quality exterior finish building materials used for the principal building andas allowed by section 11‐17‐4 of this title shall be used in all accessory buildings over one hundred fifty (150)two hundred (200) square feet. 2. The design of all accessory buildings shall be compatible with that of the principal building on the lot. "Compatible" means that the exterior appearance of the accessory building is similar to the principal building from an aesthetic, building material and architectural standpoint so as not to cause a difference to a degree to cause an incongruity or a nuisance. The City shall also give consideration to the function of the accessory building when evaluating its compatibility with the design of the principal building for the purposes of this chapter. 2 32. Pole buildings, as defined in section 11‐2‐2 of this title, are allowed as a permitted accessory structure within the A‐1 and A‐2 Districts; provided, that: a. Tthe lot or parcel lies within the rural service area or urban service expansion area, as defined by the Comprehensive Plan. b. The lot or parcel on which the building is to be constructed has an area of five (5) acres or greater. Section 3. Section 11‐18‐5.C of the Zoning Ordinance is hereby amended to read as follows: C. Safeguards: All swimming pools, as defined in section 11‐2‐2 of this title shall be provided with impenetrable safeguards to enclose or completely surround the perimeter of the swimming pool to prevent children from gaining uncontrolled access. This may be accomplished with fencing or other enclosure of sufficient density as to be impenetrable. 1. In Ground Swimming Pools: a. Fences: If Vertical Barrier. A fences are, solid wall, or other structure shall be employed meeting the following requirements: (1) they The physical barrier shall be at least four feet (4') in height. (2) The opening between the bottom of the fence and the ground or other surfaces shall not be more than four inches (4"). (3) Fences shall be constructed of a noncorrosive material with posts set in concrete and shall be constructeddesigned so as to be not easily climbable. (4) All fencing openings or points of entry into the pool enclosurearea, except from the interior of the principal building, shall be equipped with gates or doors. Allwith said gates or doors to swimming pools shall be equipped withhaving 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. b. Automatic Pool Covers: No vertical barrier shall be required if an automatic pool cover that complies with the standards of F1346‐91 of the American Society of Testing and Materials (ASTM), as may be amended, is employed in the closed position when the swimming pool is not in use. 2. Above Ground Swimming Pools: 3 a. Accessory Decks: Aboveground pools with an accessory deck constructed within three feet (3') of the pool shall install a thirty six inch (36") guardrail around the deck. All openings shall be equipped with self‐closing and self‐latching gates. 3b. Pool Covers: All aboveground 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. 4c. Ladders: For all aboveground swimming pools utilizing a ladder for pool access, ladders shall be removed from the pool area when not in use to prevent uncontrolled access. Section 4. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this _____ day of _____________, 2022. CITY OF OTSEGO BY:_____________________________ Jessica L. Stockamp, Mayor ATTEST:______________________________ Audra Etzel, City Clerk