(A) Private swimming pools. A private swimming pool shall be any pool, or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet. No such swimming pool, exclusive of portable or inflatable swimming pools or garden ponds, shall be allowed in any "B" or "R" District except as an accessory use and unless it complies with the following conditions and requirements:
(1) The pool is intended and is to be used solely for the enjoyment of the occupants and guests of the principal use of the property on which it is located.
(2) Pools may not be located, closer than ten feet to any property line of the property from water's edge.
(3) Above ground pools shall have a top rail fence to be a total of four feet in height above ground with a lockable gate, including any attached decks or a removable ladder.
(4) In ground pools shall have a four-foot wall or fence with a gate and lock enclosing the pool or the entire property on which it is located to prevent uncontrolled access by children from the street or from adjacent properties. Water Department shall be permitted access if the water meter is located within the fenced area.
(5) Prior to construction of the pool, temporary fencing shall totally enclose the construction area and shall be removed within 14 days of completion.
(6) Proper drainage shall be provided to ensure that pool overflow does not affect adjacent properties.
(B) Community or club swimming pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
(1) The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The swimming pool and all the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall not be less than four feet in height and maintained in good condition.
(Ord. 2022-25, passed 3-21-2022)