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CARMEL /CLAY PLAN COMMISSION
MEMORANDUM-
Date: August 6, 2004
To: Plan Commission Members
From: Adrienne Keeling
Department of Community Services
Re: August 17 Plan Commission meeting Docket No. 04070028 OA
Enclosed is the information packet for the following item:
Item 7h. Docket No. 04070028 OA Swimming Pool Covers
This ordinance amendment changes the circumstances under which a pool cover may be
used. Currently, the ordinance allows certain types of pool covers to be used instead of
walls or fencing around a pool. This ordinance still allows the use of these pool covers,
but only allows them in conjunction with an appropriate wall or fence.
If you have any questions, please give Jon Dobosiewicz or me a call at 571 -2417.
PCMEMO- 2004 -0806b
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ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417
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SPONSOR: Councilor Joseph Griffiths
ORDINANCE NO. Z-
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING THE REQUIREMENT FOR WALLS AND FENCING
AROUND PRIVATE SWIMMING POOLS
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana, as found in Indiana Code
36 -7 -4, each unit of local government that wishes to adopt land use and zoning ordinances must first approve
a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the City's 2020 Vision Comprehensive Plan (the "Comprehensive Plan") was duly
approved by Resolution No. CC- 09- 03- 96 -03, of the Carmel Common Council on September 24, 1996, and is
the official Comprehensive Plan of the City of Carmel; and
WHEREAS, on November 20, 1995, the Carmel Common Council adopted its Ordinance No. Z -309,
which contained certain requirements for private swimming pools located within its jurisdiction; and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -610 and City of Carmel Ordinance No. D- 1600 -02,
Ordinance No. Z -309 was incorporated by reference into the Carmel City Code; and
WHEREAS, pursuant to Indiana Code 36 -7 -4 -602, the Common Council is authorized to amend the
text of Ordinance No. Z -309.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
that:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Pursuant to IC 36 -7 -4 -600, et seq. and IC 36 -7 -4 -700 et seq., the Common Council adopts
this Ordinance as an amendment to Ordinance No. Z -309 and hereby amends Section 25.01.01(C)(8) of
Ordinance No. Z -309 to read as follows:
"8. 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.
Page One of Three Pages
Prepared By Douglas C. Haney, Carmel City Attorney
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SPONSOR: Councilor Joseph Griffiths
b. Safety. For purposes of safety, the following shall apply:
i. 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 enforcing 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. Z-
Page Two of Three Pages
Prepared By Douglas C. Haney, Carmel City Attorney
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SPONSOR: Councilor Joseph Griffiths
PASSED by the Common Council of the City of Carmel, Indiana, this day of
2004, by a vote of ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Presiding Officer Kevin Kirby
Ronald E. Carter, President Pro Tempore Brian D. Mayo
Fredrick J. Glaser Mark Rattermann
Joseph C. Griffiths Richard L. Sharp
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana, at o'clock m. on the
day of 2004.
Diana L. Cordray, IAMC, Clerk Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, at o'clock m. this
day of 2004.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- Treasurer
Ordinance No. Z-
Page Three of Three Pages
Prepared By Douglas C. Haney, Carmel City Attorney
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