§ 153.105 SWIMMING POOLS.
   (A)   A POOL is defined as any swimming pool, outdoor hot tub or other pool of any type with a capacity of over 3,000 gallons or with a depth of over three and one-half feet of water.
   (B)   In all zoning districts where single- and two-family dwelling units are permitted uses, the following standards apply.
      (1)   An administrative permit shall be required for any pool.
      (2)   Any swimming pool requiring an administrative permit shall also be required to obtain a building permit.
      (3)   An application for an administrative permit shall include a site plan showing:
         (a)   The type and size of pool;
         (b)   Location of pool;
         (c)   Location of house, garage, fencing and other improvements on the lot;
         (d)   Location of structures on all adjacent lots;
         (e)   Location of filter unit, pump and writing indicating the type of the units;
         (f)   Location of back-flush and drainage outlets;
         (g)   Grading plan, finished elevations and final treatment (decking, landscaping and the like) around the pool;
         (h)   Location of existing overhead and underground wiring, utility easements, trees and similar features; and
         (i)   Location of any water heating unit.
      (4)   Pools shall not be located within 20 feet of any septic tank, drainfield or line nor within six feet of any principal structure or frost footing. Pools shall not be located within any required front, side or rear yards.
      (5)   Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
      (6)   Pools shall not be located within any private or public utility, walkway, drainage or other easement.
      (7)   The necessary precautions shall be taken during construction to:
         (a)   Avoid damage, hazards or inconvenience to adjacent or nearby property; and
         (b)   Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property.
      (8)   All access for construction shall be over the owner’s land and due care shall be taken to avoid damage to public streets and adjacent private or public property.
      (9)   To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner’s property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land.
      (10)   The filter unit, pump, heating unit and any other noise making mechanical equipment shall be located at least 50 feet from any neighboring residential structure and not closer than ten feet to any lot line.
      (11)   Lighting for the pool shall be directed toward the pool and not toward adjacent property.
      (12)   A safety fence of a nonclimbable type at least five feet in height, with a self-closing and latching gate, shall completely enclose the pool, or a pool auto cover approved by the city shall be an acceptable enclosure so long as the degree of protection afforded by the pool auto cover is similar to that afforded by the enclosure, gate and latch described above for fences; the pool auto cover complies with the American Society for Testing and Materials (ASTM) Standard F1346-91 (2003) or most recent ASTM standard and is UL listed; and is sufficient to support the weight of 500 pounds minimum and completely covers or encloses the pool; and subject to the requirements listed in divisions (B)(12)(a) and (B)(12)(b) below. The applicant shall submit documentation verifying that the proposed cover meets the required standard. The substitution with a pool auto cover shall be done by the issuance of a building permit.
         (a)   The pool auto cover as an alternative to a fence is only allowed in the Rural Residential and Agricultural zones.
         (b)   The pool auto cover must be kept in good repair and the auto cover must be designed, installed and used so that the degree of protection provided by the auto cover is similar to that afforded by a fence.
      (13)   Required structure or fencing shall be completely installed within three weeks following the installation of the pool and before any water is allowed in the pool. A financial guarantee shall be required to assure erection of the structure or fence.
      (14)   Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. The water shall be subject to periodic inspection by the appointed health officer.
      (15)   All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspection.
      (16)   Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures.
(Prior Code, § 12-219) (Ord. 03-2018, passed 9-18-2018)