HomeMy WebLinkAboutOrdinance No. 05-1987MICROFILMED JUNE 89
ORDINANCE NO. 5 -87
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
REPEALING SECTION 639.47 IN ITS ENTIRETY AND
REPLACING WITH A NEW SECTION 639.47,
"SWIMMING POOLS, ENCLOSURES AND ACCESSORIES ";
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Section 639.47 of the Zoning Regulations is
hereby deleted in its entirety and replaced with the following:
Sec. 639.47 Swimming Pools, Enclosures and
Accessories
A. Swimming Pools.
1. Swimming Pools shall be installed to City
Requirements and a City permit shall be required and
approved by the Building Department prior to
construction or installation (placement).
2. Swimming pools may be built within the
principle structure if it is determined through
analysis by a certified engineer that such construction
shall not be harmful to the principal structure. At
the discretion of the Building Official, engineering
may be required when the vertical wall of the pool
(water's edge) is located within five (5) feet of the
foundation system supporting the principal structure.
Engineering may also be required on all premanufactured
or prefabricated pools which do not bear product
approval from an accredited testing agency.
3. Swimming pools which are open and
unenclosed may occupy a required rear or interior side
yard setback provided that they are not located closer
than five (5) feet to a rear lot line, or eight (8)
feet to an interior side lot line.
4. Commercial swimming pools are prohibited
in residential districts.
5. Swimming pools shall not occupy a
required front or corner side yard setback.
6. Swimming pools may not be constructed
prior to the construction of the principle building.
7. Swimming pools shall be so constructed as
to provide a clear and unobstructed walkway of at least
eighteen (18) inches in width running completely around
the pool.
8. For the purposes of this section, neither
pools nor screened enclosures are considered structures
for the purpose of determining lot coverage. Pools and
screened enclosures are not permitted in the setback
area.
ORDINANCE NO. 5 -87
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MICROFILMED JUNE 89
B. Swimming Pool Enclosure
1. Any portion of a swimming pool to which
access may be obtained from outside a residence,
building or similar structure, shall always have an
enclosure of a permanent nature, not less than four (4)
feet high, said enclosure to be constructed so as to
prevent access by persons through such enclosure; and
if any part of the enclosure is constructed to permit
access through a gate, door or similar entranceway,
said gate, door or similar entranceway shall be of
self- closing and self - latching type and shall prevent
access to the same extent as the remainder of the
enclosure. Enclosures shall not be installed within
eighteen (18) inches of the vertical wall (water's
edge) of the swimming pool.
2. This provision for enclosure may include
fences or walls. When used for this purpose, fences
and walls are to comply with the provisions of Section
639.27, provided however; that they shall be so
constructed as to prevent the passage of a six (6) inch
sphere and shall not provide footholds that would
permit them to be easily climbed over, or the
provisions for enclosure may include screen (mesh -type
or woven -type) enclosures. When used for this purpose,
screen enclosures shall not encroach into a required
yard setback beyond the limits herein specified for
swimming pools.
C. Swimming Pool Accessories
Swimming pool accessories (such as ladders, slides,
pumps and similar items) shall not encroach into a
required yard setback beyond the limits herein
specified for swimming pools.
D. Specified Minimum Setback Requirements for
Swimming Pools, Screen Enclosures and Accessories
These setbacks may not be sufficient when applying for
provisions of Article 680 -8 of the National Electrical
Code for separation from overhead power lines.
Front:
Side (Interior Lot Line):
Side (Corner Lot Line):
25 feet (See Note 1)
8 feet
25 feet; on all non-
conforming lots of
record, 15 feet (See
Note 1)
Rear: 5 feet (See Note 2)
Note 1: See Section 639.17 for Special Setbacks.
Note 2: In no event shall a swimming pool, screen
enclosure or accessory feature be located
within fifteen (15) feet of a property line
that abuts and runs parallel to a public
street.
ORDINANCE NO. 5 -87
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MICROFILMED JUNE 89
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 3111 day of March
, 1987.
ATTEST:
First Reading 2 -17 -87
Posted: 2 -18 -87
Advero: so 2 -21 -87
R - din , 3 -03 -87
ORDINANCE NO. 5 -87
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