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<br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2004 -119 <br />BY: Mayor Musial. <br />AN ORDINANCEAMENDING SECTIONS 1345.01 AND 1345.02 OF THEBUILDING <br />CODE TO EXCLUDE LANDSCAPING FEATURES FROMPERMIT AND FENCING <br />REQUIREMENTS IN SEC170NS 1345.0I AND 1345.02AND DECLARING <br />AN EMERGENCY, AS AMENDED. <br />WHEREAS, at the request of the Board of Zoning and Building Appeals, it is the desire of this Council to <br />exclude certain landscaping features from among bodies of water subject to pernut and fencing requirements in <br />Sections 1345.01 and 1345.02; and <br />WHEREAS, it is the desire of this Council to amend the aforesaid North Olmsted Codified Sections <br />1345.01 and 1345.02 accordingly; and <br />NOW, THEREFORE, BE IT OItDAINED BY THE COUNCIL OF THE CITY OF NOR7'H <br />OLMSTED, COUNTY OF Ci7YAHOGA AND STATE OF OHIO: <br />SECTION 1: That Sections 1345.01 and 1345.02 of the Building Cocte, entitled " Pernut Required" and <br />Fence or Cover Required," respectively, which presenfly read as follows: <br />"1345.01 PERNIIT REQUIRED. <br />Before proceeding with the installation, construction or excavation for a permanent swimming <br />pool, fish pond, open well or cistern, or other pool of water, a pernut shall first be obtained from <br />the Building Commissioner by the owner of the property upon which such swimming pool, fish <br />pond, open well ar cistem, or other pool of water, is to be installed. <br />1345.02 FENCE OR COVER REQUIItED. <br />Every swimmnig pool, fish pond, open well or cistem, or other pool of water in the City, or the <br />premises upon which a swimming pool, fish pond, open well or cistem, or other pool of water is <br />located, shall either be enclosed by a fence of such height as required by the Zoning Ordinance <br />and constructed so as to prevent access to such installation to small children, or shall be equipped <br />with a suitable cover which can be securely fastened and locked when not in use." <br />shall be amended, and, as amended, shall read in their entirety as follows: <br />1345.01 PERMIT REQUIRED. <br />Before proceeding with the installation, construction or excavation for a permanent swimming <br />pool, fish pond, open well or cistern, or other pool of water <br />, a pemut shall first be obtained from the Building <br />Commissioner by the awner of the properiy upon which such swimming pool, fish pond, open <br />well or cistern, or other pool of water, is to be installed. For purposes of this permit <br />requirement, `other pool of water' shall not include decorative landscape aqu4tic features <br />provided that the water dces not egceed 18" in depth, nor the pool of water eaceed 50 square <br />feet in area <br />1345.02 FENCE OR COVER REQUIRED. <br />Every swimming pool, fish pond, open well or cistern, or other pool of water in the City, or the <br />premises upon which a swimming pool, fish pond, open well or cistem, or other pool of water <br />is lpcated, shall <br />either be enclosed by a fence of such height as required by the Zoning Ordiuance am? ?04&trueted <br />so as to prevent access to such installation to small children, or shall be equipod with a suitable <br />cover which can be securely fastened and locked when not in use. For purposes of this fencing <br />requirement, `other pool of water' shali not include decorative landscape aquA#V (eatures