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NOTICE OF PUBUC HEARING <br />ORDINANCE No. 1813, SERIES 2021 <br />NOTICE IS HEREBY GIVEN that at a regular meeting of the City <br />Councilof the City of Louisville, Colorado, to be held on Sgeptember <br />Counccpil will 2021 at I old a Pue hour blic Hear ng on the finaelectronic <br />o passage and adoption <br />LOUISVI LEed AN MUNICIPAL CODEAMENDING <br />ONCERNING TITLE <br />SWIMMING . OF THE <br />AND SPAS. <br />Published in the Daily Camera on August 22, 2021 with full ordi- <br />nance. <br />ORDINANCE NO. 1813 <br />SERIES 2021.. <br />AN ORDINANCE AMENDING TITLE 17.16.170 OF THE LOUISVILLE MU- <br />NICIPAL CODE CONCERNING SWIMMING POOLS AND SPAS. <br />WHEREAS, the Clty of Loulsvllle Is a Colorado home rule municipal <br />corporation duly organized and existing under laws of the State of <br />Colorado and the City Charter;, and <br />WHEREAS, in 1973, the City adopted fence and gate standards for <br />swimming pools in Section 17.16.170 of the Louisville Municipal <br />Code ('LMC), Swimming Pools, that currently apply in addition to <br />swimming pool safety standards adopted. under Tltle 15 of the LMC, <br />Buildings and Construction;. and <br />WHEREAS, the Citycurrently applies accessory use setbacks to <br />spas and pools anddesiresto clarify their applicability in LMC Sec- <br />tion 17.16.170; and <br />WHEREAS, the City Council desires to ensure that safety regula- <br />tions for swimmingpools are regulated through Title 15 and are not <br />duplicativeor in conflict with Title 17; and <br />WHEREAS, aftera duly noticed public hearing held August 12, 2021. <br />where evidence and testimony were entered lnto the record, includ- <br />ing the Louisville Planning Commission Staff Report dated August <br />12, 2021, the Louisville Planning Commissionhas recommended the <br />City Council adopt the amendments to the LMC. set forth inthis or- <br />dinance; and <br />WHEREAS, City Council has provided notice of a publichearing on <br />said ordinance bypublication as provided by law and held a public <br />hearing as provided in said notice; <br />NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO, THAT: <br />Section. 1. Chapter 17.16.170 of the Louisville Municipal Code is <br />hereby amended to read as follows (words added are_ underlined; <br />words deleted are stricken through): <br />Sec. 17.16.170. - Swimming pools and sgas, <br />A. A swimming pool or spa may be permitted in any district as en <br />accessory use subject to applicable building codes adopted by the <br />City and requirements of the- state department of health. and -envi- <br />ronment and to the following requirements of subsection 6. <br />B.Swimming noels arid spas„are,subiect_to;the,yarO arid:; bulk_ stand- <br />ards setforth in this Chapter for accessory uses.... No public or pri- <br />vate swimming pool or spa may be located in any required front <br />yard or side yard abutting a street. <br />A. Every swimming pool. must --be- completely --surrounded -by-a <br />fence -orwall not -less than five feet 4nheight with -no openings large <br />enough -to -permit children -to. -pass -through: ether-than.gates <br />doors •••that •can •• be fastened . to protect against entry.... A dwelling <br />house or accessory-building-may-be-used-as-part-ofsuchrequired <br />enclosure, <br />B. All gates and doors- opening through - such enclosure must be <br />equipped -with -a- self -closing .and -self-latching -device - forkeeping <br />the gateor-doorseeurely-closedat-atltimeswhennotin actual -use -- <br />Section 3., Ifany portion of this ordinance Is held to be invalid for <br />any reason such decisions shall not affect the validity of the re- <br />maining portions of this ordinance The City Council hereby declares <br />that it would have passed this ordinance and each part hereof irre- <br />spective of the fact that any one part be declared invalid. <br />Section 4- The repeal or modification of any,provision of the Munici- <br />pal Code of the City of Louisville by this ordinance shall not release, <br />extinguish, alter, modify, or change In whole or in part any penalty, <br />forfeiture, or liability, either civil or criminal, which shall have been <br />incurred under such provision, and each provision shall be treated <br />and held as still remaining in force for the purpose of sustaining <br />any and all proper actions. suits, proceedings, and; prosecutions for <br />the enforcement of the penalty, forfeiture or liability as well as for <br />the purpose of sustaining any judgment, decree, or order which can <br />or may be rendered. entered, or made In such actions. suits, pro- <br />ceedings, or prosecutions. <br />Sections. All other ordinances or portions thereof inconsistent or <br />conflicting with this ordinance or any portions hereof are hereby re- <br />pealed to the extent of such inconsistency or conflict. <br />INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED <br />PUBLISHED this 17th day of August, 2021. <br />Ashley Stolzmann, Mayor <br />ATTEST: <br />Meredyth Muth, City Clerk <br />APPROVED AS TO FORM: <br />Kelly, P.C. <br />City Attorney <br />PASSED AND ADOPTED ON SECOND AND FINAL READING this _ <br />day of - - 2021. <br />Ashley Stolzmann, Mayor <br />ATTEST: <br />Meredyth Muth, City Clerk <br />Published: Boulder Daily Camera August 22, 2021-1824980 <br />Prairie Mountain Media, LLC <br />PUBLISHER'S AFFIDAVIT <br />County of Boulder <br />State of Colorado <br />The undersigned, Melissa Nalera , being first duly <br />sworn under oath, states and affirms as follows: <br />1. He/she is the legal Advertising Reviewer of <br />Prairie Mountain Media LLC, publisher of the <br />Daily Camera. <br />2. The Daily Camera is a newspaper <br />of general circulation that has been published <br />continuously and without interruption for at least <br />fifty-two weeks in Boulder County and <br />meets the legal requisites for a legal newspaper <br />under Colo. Rev. Stat. 24-70-103. <br />3. The notice that is attached hereto is a true copy, <br />published in the Daily Camera <br />in Boulder County on the following date(s): <br />Auq 22, 2021 <br />• <br />Subscribed and sworn to me before me this <br />day of fT i ugu✓k <br />Notary Public <br />(SEAL) <br />• <br />SHAYLA NAJERA <br />NOTARY PUBLIC <br />STATE OF COLORADO <br />NOTARY ID 20174031965 <br />MY COMMISSION EXPIRES July 31, 2025 <br />Account: <br />Ad Number: <br />Fee: <br />1048836 <br />1824980 <br />$172.48 <br />1.4 <br />