(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
RESIDENTIAL SWIMMING POOLS. Any constructed pool, permanent or portable, which is intended for non-commercial use as a swimming pool by owner families and their guests and which is over 36 inches in depth and/or has a surface area exceeding 200 square feet.
SPA. A unit primarily designed for therapeutic use which is not drained, cleaned, or refilled for each individual. It may include, but not be limited to, hydrojet circulation, hot water, cold water mineral baths, air induction bubbles, or any combination thereof. Industry terminology for a spa includes, but is not limited to, Therapeutic Pool, Hydrotherapy Pool, Whirlpool, Hot Spa, and the like.
(B) Construction.
(1) Pools shall not be located within 10 feet of any side or rear lot line nor within 6 feet of any principal structure or frost footing. Pools shall not be located within any front yard.
(2) Pools shall not be located beneath overhead electrical lines or over underground utility lines of any type.
(3) Pools shall not be located within any private or public utility, walkway, drainage, or other easement.
(4) The filter unit, pump, heating unit, and any other noise making mechanical equipment shall be located at least 30 feet from any adjacent residential structure and not closer than 5 feet to any lot line.
(5) Lighting for the pool shall be directed toward the pool and not toward adjacent property.
(C) Fencing.
(1) While being constructed, the pool or spa area must be fenced with a portable fence, such as snow fence, of not less than 4 feet in height.
(2) All outdoor pools hereafter constructed shall be completely enclosed by a fence or wall of the non-climbing type so as to be impenetrable by toddlers, afford no external handholds or footholds, and a minimum of 6 feet in height.
(3) All outdoor fence openings or outdoor points of entry into the pool area shall be equipped with self-closing and self-latching devices. The opening between the bottom of the fence and the ground or other surface shall not be more than 3 inches.
(4) All outdoor spas shall have either a fence as described above in division (C)(3) above or a latchable cover. The cover shall be constructed of a material impenetrable by toddlers.
(D) Permits. No person shall construct, alter, or renovate a pool or spa without a building permit.
(Ord. 106, passed 3-13-1995; Am. Ord. 134, passed 5-5-2014) Penalty, see § 150.99