HomeMy WebLinkAboutZ-455-04 WITHDRAWN/Walls & Fencing aroud PoolsSPONSOR: COUNCILOR JOSEPH GRIFFITHS
ORDINANCE NO. Z-455-04
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
Amending the requirement for walls and fencing around private swimming po~ts/
WHEREAS, pursuant to the Advisory Planning Law of the State of~ndianaf~/found in Indiana Code
36-7-4, each unit of local government that wishes to adopt land use and z. on~g orflqnances must first approve
a comprehensive plan for the geographic area over which it has juris~,dic~on]~d
WHEREAS, the City's 2020 Vision Comprehensive Plan") was duly
approved by Resolution No. CC-09-03-96-03 of the Carmel I ~ptember 24, 1996, and is
the official Comprehensive Plan of the City of Carmel;
WHEREAS, on November 20,
an amendment to Z-289~
jurisdiction; and
e No. Z-309,
for private swimming pools located within its
WHEREAS, pursuant t~
Carmel Zoning Ordinance
;-7-4-610 and City of Carmel Ordinance No. D- 1600-02, the
was incorporated by reference into the Carmel City Code; and
WHEREAS
the Common Council is authorized to amend the
texl
NOW,
that:
Section 1.
Section 2
this Ordinance
(Ordinance N,
. BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
Recitals are fully incorporated herein by this reference.
, et seq. and IC 36-7-4-700 et seq., the Common Council adopts
to Ordinance No. Z-309 and hereby amends the Carmel Zoning Ordinance
as amended), Section 25.01.01(C)(8) to read as follows:
Private Swimming Pool
a. Minimum Side and Rear Yard Setbacks. A swimming pool or its deck shall be set back a
minimum of the greater of the following:
i. Ten (10) feet from the Side or Rear Lot Line or
ii. the Minimum Side or Rear Setback for the district.
Ordinance No. Z-455-04
SPONSOR: COUNCILOR JOSEPH GRIFFITHS
b. Safety. For purposes of safety, the following shall apply:
Walls or Fencing. Walls or fencing deemed to be impenetrable by the enforcing
authority, that is not less than five (5) feet high completely surrounding the swimming
pool and the deck area with exception of self-closing and latching gates and doors,
both capable of being locked;
ii.
Other Means. Other means not less than five (5) feet high and deemed impenetrable
by the enfoming authority at the time of construction and completely surrounding the
pool and deck area when the pool is not used; and
iii.
Combination. A combination of Subsections (i) through (ii) that completely surrounds
the pool and deck with the exception of self-closing and latching gates and doors
which are capable of being locked; or
iv. Pool Cover. A safety pool cover may be used in conjunction with, but not instead
of, Subsections (i) and (ii), provided that:
(a) there is a continuous connection between the cover and the deck, so as to prohibit
access to the pool when the cover is completely drawn over the pool;
(b) it is mechanically operated by key or key and switch such that the cover cannot be
drawn upon or retracted without the use of a key;
(c) it is capable of supporting a four hundred (400) pound imposed load upon a
completely drawn cover;
(d) it is installed with a track, rollers, rails or guides;
(e) it bears an identification tag indicating the name of the manufacturer name of the
installer, installation date, and applicable safety standards, if any;
(f) that it is in compliance with the Indiana Swimming Pool Code, 2d Edition,
effective date September 13, 1989, as amended.
Section 3. All prior Ordinance or parts thereof inconsistent with any provision of this Ordinance are
hereby repealed.
Section 4. This Ordinance shall be in full force and effect from and after its passage, signing by
the Mayor and such publication as is required by law.
Ordinance No. Z4554)4
.2.
SPONSOR: COUNCILOR JOSEPH GR1FFITHS
Z-455-04 PASSED by the Common Council of the City of Carmel, Indiana, this __
,2004, by a vote of ayes and nays.
day of
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Presiding Officer
Ronald E. Carter, President Pro Tempore
Fredrick J. Glaser
Joseph C. Griffiths
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Kevin Kirby
Brian D. Mayo
Mark Rattermann
Richard L. Sharp
on the
Z-455-04 Presented by me to the Mayor o£the City of Carmel, Indiana, at
__ day of ,2004.
o'clock __. m.
Diana L. Cordray, IAMC, Clerk-Treasurer
this
Z-455-04 Approved by me, Mayor of the City of Carmel, Indiana, at
day of ,2004.
o'clock
ATTEST:
James Brainard, Mayor
.m.
Diana L. Cordray, IAMC, Clerk-Treasurer
Prepared by:
Douglas C. Haney
Carmel City Attorney
One Civic Square
Carmel, IN 46032
Ordinance No. Z-455-04