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<br />2) The rear yard setback shall be seven feet from the water's edge <br />to rear lot line. <br /> <br />3) The setback from any building foundation shall be five feet <br />unless both the design and construction as approved by the <br />Zoning, Pbmning and Building Director is safe and will not <br />possibly result in a weakening of or damage to the building <br />foundation. In no event shall said pool or spa be closer than 18 <br />inches to any wall or any enclosure. <br /> <br />d) Any pool for a non-residential development shall meet the structural <br />setbacks for the district in which it is located and all required <br />governmental agency standards. <br /> <br />711.9.2 Safety barrier required; specifications. <br /> <br />(a) Specifications - No swimming pool final inspection and approval <br />shall be given by the City, unless there has been erected a safety <br />barrier. The safety barrier shall take the form of a screened-in <br />patio, a wooden fence, a rock wall, a concrete block wall, or other <br />materials so as to enable the owner to blend the same with the <br />style of architecture planned or in existence on the property. The <br />minimum height of the safety barrier shall be not less than four <br />feet. The safety barrier shall be erected either around the <br />swimming pool or around the premises on which the swimming <br />pool is erected. In either event, it shall enclose the area entirely, <br />prohibiting unrestrained admittance to the enclosed area. Gates <br />shall be of the spring lock type, so that they shall automatically <br />return to a closed position at all times. Gates shall also be <br />equipped with a safe lock and shall be locked when the swimming <br />pool is not in use. <br /> <br />(b) Permits Required. Before any work is commenced, permits shall <br />be secured for all swimming pools and for the safety barriers. <br />Plans shall contain all details necessary to show compliance with <br />the terms and conditions of these regulations. No swimming pool <br />permit shall be issued unless simultaneously therewith a permit is <br />secured for the erection of the required safety barrier; if the <br />premises are already enclosed, as herein before provided, a permit <br />for the safety barrier shall not be required, it: upon inspection of <br />the premises, the existing barrier is proven to be satisfactory. <br /> <br />(c) Construction Specifications of Walls and Fences. For a wooden <br />type fence, the boards, pickets, louvers, or other such members, <br />shall be spaced, constructed, and erected, so as to make the fence <br />nonclimbable and impenetrable. Walls, whether of the rock or <br />block type, shall be so erected to make them nonclimbable. <br /> <br />(d) Authority to Disapj>rove Barriers. It shall be within the discretion <br />of the building inspector to refuse approval of any barrier which, <br />City of Sunny Isles Beach-Land Development Regulations ZONING DISTRICTS 700 - 45 <br />Adopted December 10, 2002 <br />