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Please SubstitUte for OrdinanCe No. 99~06. <br />REFERRED TO PLACED ON iST READING 12/18/06, 2ND READING 1/:2/07. <br />RULES & Ordinances Con~ittee. <br /> <br />Ordinance No. 99-06 <br /> <br />FitzGerald, Madlgan. <br /> <br /> AN ORDINANCE to take effect immediately provided it receives the affirmative <br />vote of at least five (S) members e ecte~l to Council otherwise, ir sha rake effect and <br />be in force after the earliest period allOwed by law, to repeal Chapter 1721, Swimming <br />Pools, of the Codified Ordinances of the City of Lakewood. <br /> <br /> WHEREAS, the City of Lakewood Pool Ordinances have not been updated in over <br />ten years; and <br /> <br /> WHEREAS, the Ohio AdrninistraUve Code contains regulations applicable to public <br />pools; and <br /> <br />ado tmW~vRoEo~ jn conjunction with this legislation, the Administrations propos ng <br /> P ' g e pieces of legislation that will create two new chapters, Faro y POos <br />and Public Pools, within the COdified Ordinances of the Cry of Lakewood that will <br />regulate swimming pools more efficiently. <br /> <br /> WHEREAS, this Council by a Vote of at least five {5) members elected thereto <br />determines that this ordinance is an emergen~ measure, and that this ordinance shall <br />take effect at the earliest date possible as set forth in ARTICLE III, SEC'TONS i0 and <br />13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is <br />necessary for the immediate preservation Of the public property, hea th and safety, and <br />to provide for the usual daily operation of munic pa departments in rhar this legislation <br />should be effective prior to the new pool/p001 construction season begins. Now, <br />therefore <br /> <br /> BE [T ORDAINED BY THE CTfY OF LAKEWOOD, STATE OF OHIO <br /> <br /> Section 1. That Chapter 1721, Swimming Pools, of the Codified OrdinanCes of <br />the City Of Lakewood, currently reading as follows: <br /> <br /> 1721.0:[ LOCATION OF FAiflILY POOLS. <br /> (a) No family swimming pool Or family wading pool shall be placed or located <br />in any requited front or side yard as prescribed by the Zoning Ordinance of the City for <br />the lot or Parcel upon which such P0ol is situated. <br /> <br /> {b) No family swimming pool shall be located nearer than ten feet to the side <br />or rear line of the lot or parcel upon which t s s tuated. In cases of unusual or special <br />circumstances the Board of Building Standards and Building Appeals may grant a <br />variance to the ten foot side and/or rear line requirement for portable family swimming <br />pools; Provided however, written consent from each affected abutting property owner <br />or owners is filed with the application for such variance. <br /> <br /> (c) Unless otherwise specifically provided the standards and regulations of <br />this chapter shall not be applicable to family wading pools. <br /> <br /> 1721,02 DEFINITION~. <br /> The following definitions, terms, phrases, words and their derivations shal~ apply <br />to this chapter: <br /> (a) "Commissioner of Hea~th" means the Commissioner of Health of the City <br /> of Lakewood, or his authorized representatives. <br /> (b) "Commissioner of Bu*d'ng Tnspecton" means the Commissioner of <br /> Building InsPection of the City of Lakewood, the Acting Commissioner of <br /> ,B. uilding Inspection, or t.h..e authbrized representatives of ether. <br /> (c) Public swimming pool means an artificial bOdy of water, with a <br /> controlled water supply used collectvey by numbers of persons for <br /> swimming or recreative bathing~ but not including lam y swimming pools <br /> or wading pools, as defined herein. <br /> (d) "Family swimming pool" means an artifica body of water accessory to <br /> either a single-family or two-family dwelling house with any horizontal <br /> measurement ten feet or more and used or intended to be used solely by <br /> <br /> <br />