1000.5: SWIMMING POOLS AND HOT TUBS:
   A.   Permit Required: A building permit shall be required for any swimming pool that is over twenty four inches (24") in height or depth, measured from ground level. This includes inground swimming pools, aboveground pools, on ground swimming pools and fixed in place wading pools.
   B.   Application For Permit: An application for the construction of swimming pools shall be on a city application form and accompanied by a fee established in section 3-1-3 of the city code. The permit application shall include:
      1.   Site Plan: Site plan, illustrating:
         a.   Type and size of pool.
         b.   Location of the pool on the lot.
         c.   Location of other buildings and structures on the lot.
         d.   Location of structures on adjoining lots.
         e.   Location of filter and heating units.
         f.   Location of pumps and wiring.
         g.   Location of back flush and drain outlets.
         h.   Location of any overhead or underground utilities or utility easements.
         i.   Fence locations.
      2.   Building Plans:
         a.   Swimming pool design.
         b.   Fencing and gate details.
         c.   Deck or surfacing details.
   C.   Single-Family Or Two-Family Dwelling Pools:
      1.   Setbacks And Location Standards:
         a.   Pools shall not be located in front of the principal building.
         b.   Pools shall not be located in the required side yard of any zoning district.
         c.   Pools shall not be located closer than ten feet (10') of the rear property line.
         d.   The filter unit, pump heating unit, and any noisemaking mechanical equipment shall be located not closer than twenty feet (20') to any lot line or ten feet (10') from any lot line if located within an insulated building to buffer noise.
         e.   Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
         f.   Pools shall not be located within any private or public utility, walkway, drainage or other easement.
         g.   Pools shall be set back at least six feet (6') from the principal building or frost footing.
      2.   Lighting: Lighting for the pool shall be designed with a ninety degree (90°) cutoff and hooded to direct lighting toward the pool and not toward adjacent property.
      3.   Fences Or Enclosures To Restrict Access: All swimming pools for which a building permit is required shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing or other enclosure, or any combination thereof, of sufficient density as to be impenetrable.
         a.   If fences are employed, they shall be at least five feet (5') in height for inground pools, and at least four feet (4') in height for aboveground pools of a height between at least twenty four inches (24") and no more than forty eight inches (48") in height. The bottoms of the fences shall not be more than four inches (4") from the ground. Aboveground pools with a sidewall height of forty eight inches (48") or more do not require a fence, provided that safeguards are in place with a locking mechanism to be inaccessible to all small children. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable (chainlink fences must be vinyl coated with slats for screening). All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self- closing and self-latching devices placed at a height not lower than forty eight inches (48") for a five foot (5') fence and no lower than forty two inches (42") for a four foot (4') fence as described above, so as to be inaccessible to all small children. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the city building official.
         b.   Swimming pool fences shall comply with fence setback standards of section 1000.6 of this chapter.
         c.   Required structure or safety fencing shall be completely installed within three (3) weeks following the installation of the pool, before any water is allowed in the pool, and prior to final inspection.
      4.   Water Quality/Drainage:
         a.   Water in the pool shall be maintained in a suitable manner to avoid health hazard of any type.
         b.   Back flush or pool drainage water shall be directed onto the property on which the swimming pool is located and ultimately to public storm sewer, if available.
         c.   Drainage of pools directly into public streets or other public drainageways shall require written permission of the zoning administrator and/or public works superintendent. Draining pools into the sanitary sewer is prohibited.
   D.   Multiple-Family Dwellings, Clubs And Organizations: For private swimming pools which are intended for and used by the occupants of a multiple-family dwelling and the guests of the occupants, or for private and public clubs and organizations, the following regulations shall be met in addition to those listed for single- and two-family dwellings provided in subsection C of this section:
      1.   No part of the water surface of the swimming pool shall be less than fifty feet (50') from any lot line.
      2.   No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located less than fifty feet (50') from any lot line and must be contained within an insulated building.
      3.   The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Fences shall be at least five feet (5') in height for inground pools, and at least four feet (4') in height for aboveground pools. The bottoms of the fences shall not be more than four inches (4") from the ground. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable (chainlink fences must be vinyl coated with slats for screening). All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a height not lower than forty eight inches (48") so as to be inaccessible to all small children. Prior to filling the pool, the approved fence or enclosure must be completely in place and inspected and approved by the city building official. Adequate screening, including, but not limited to, landscaping, shall be placed between the pool area and adjacent lot lines.
      4.   All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located at least thirty feet (30') from any lot line.
      5.   To the extent possible, back flush water or water from pool drainage shall be directed onto the owner's property and to the nearest public storm sewer or drainage easement. Draining pools into the sanitary sewer is prohibited.
   E.   Hot Tubs:
      1.   Hot tubs accessory to multiple-family residential uses and commercial uses shall comply with swimming pool performance standards of subsection D of this section.
      2.   Hot tubs accessory to single- and two-family residential units may be allowed by administrative permit and exempt from the swimming pool performance standards of this section but shall meet the following standards:
         a.   Hot tubs shall not be located in front of the principal building.
         b.   Hot tubs shall not be located within the required side yard of any zoning district.
         c.   Hot tubs shall not be located any closer than ten feet (10') from any rear property line.
         d.   All filter units, heat units, pumps, and any noise generating equipment shall be enclosed within the cabinet of the hot tub and insulated to buffer noise.
         e.   All outdoor hot tubs shall be enclosed within a protective fence with a self-locking gate or shall be secured with a locked cover when not in use. (Ord. 1988-12, 12-19-1988; amd. Ord. 2003-18, 9-18-2003; 2005 Code; Ord. 2010-003, 7-6-2010; Ord. 2013-07, 8-5-2013; Ord. 2017-01, 1-3-2017; Ord. 2019-10, 12-16-2019)