35-74 Amend several sections of Sanitary Code - Pools

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Please substitut ...~ Ordinance placed on first reading A~5, 1974 and ~n secon( reading May 6, 197~2 ORDINANCE NO. 35-74 BY: Messrs. Chinmock,$ Graber, Magnotto, McBride, Sinagra, Usher, Brockman AN EMERGENCY ORDINANCE to amend Sections 1721.01, paragraphs (d) and (f) o.f Section 1721.02, 1721.13, the first paragraph of Section 1721..23 mad enacting new Section 1721.32 of the Sanitary Code of the Codified Ordinances : of the City of Lakewoo'd relating to swimming pools. WIIEREAS, t'hl.q ()rd]n,qnce con.~titttt:es n, em,,rg(-ncy men.sure pro, id!ag .for the public health and safety and for the usual daily operqtion of a municipal department; now, therefore, Big IT ORDAINED BY TIII'] COUNCIl. OF TIIE CITY OF ]~KEWOOD, STATE OF OllIO: Scct~m 1. 'l'h:lt S~,ctton 1721.O1 or the Sn,~ary Code of the Codified Ordinances of tile City of Lakewood now reading as follows: 1721.01 LOCATION OF FAbilLY POOLS; PORTABLE POOLS Family swimml,g and wading pools are hereby prohil~jted wl. thLn thc City except i, at~ A-I-a DJ. strict. 'Th~ relu~lntin,~ contnined i.n Sect:ions 1721.03 to 1721.28 of this Snni. tary Code ~hnll not be ~ppltcable to pool.~ d~fin~d .~.n S~ction 1.721.O2 as portable family swimming pools or portable family wading pools. be and the same is hereby amended to read as follows: 17,21.01 LOCATION AND AREA; APPLICABILITY OF PJiGULATIONS (a) Nc~ fnmily swinm~ing pool or fnmily wadin~ pool si,all br, p[acr, d or located in nny required front or side ynrd .~ pre~cr£b~'d by the zoning ordinances of the City for the lot or parcel upon which such pool is situated. (b) No family swimming pool shall be located nearer than '10 feet to tile side or rear line of tile lot or parcel neon which it' is situated. In cases of unusual or special circumstances the Board of Building Standards and Building Appeals may grant a variance to the 10 foot side and/or rear line requirement for portable family swirmning pools; provided however, written consent from each affected abutting property owner or owners is filed with the application for said variance. (c) Unless otherwise specifically provided, tim standards and regulations of this Chapter 1721 shall not be applicable to family wading pools. Section 2. That paragraphs (d) and (f) of Section 1721.02 of the Sanitary Code of the Codified Ordinances of the City of Lakewood now reading as follows: 1721.02 DEFINITIONS (d) "F~mily swimming pool" means an 0rtifi. c[al body of water accessory to either a single-family or two-family dwelling house, with a controlled water supply, over eighteen i. ncbes in depth or over 200 square feet of stir face area and used or intended to be timed solely by the owner or lessee of stlcb dwelling house or by his family or by friends invited to use it without payment of any fee. (1) "Portable fami. ly swimming pool" means a container resting entirely obove ground with its length, w]tith or diameter measurl, ng no more · .. than ten feet and ~ts depth mea~,uring no more than 4 feet, and designed to be easily dismantled, stored and moved from one place to a.other.