A pool, pond, lake, open tank or any structure, whether "Public" or "Private", not located within a completely enclosed building, and intended for swimming or recreational bathing; and could be equipped with a water recirculation system or involve structural materials. This includes in-ground, above-ground, and on-ground swimming pools, Spas, hot tubs, and the like (see definition), ornamental ponds or water features, developed as landscape design features where swimming is not intended and does not occur (see definitions), shall be excluded from this definition, but still require a zoning permit as set forth below. Portable/Blow-up/Wading/Kiddie Pools (see definition) may be excluded. Specific definitions are as follows:
(a) "Public swimming pool" means any indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, that is intended to be used collectively for swimming, diving, or bathing and is operated by any person whether as the owner, lessee, operator, licensee, or concessionaire, regardless of whether or not fee is charged for use, but does not mean any private residential swimming pool. Zoning permit required.
(b) "Private residential swimming pool" means any outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing located at a dwelling housing no more than three families and used exclusively by the residents and their nonpaying guests. This definition includes temporary, portable, blow-up and/or wading pools, unless specifically excluded as a "Portable/Blow-up/Wading/Kiddie Pool", as defined herein. Any accessory use. Zoning permit required.
(c) "Barrier" means a fence, a wall, a building wall or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. Plywood, particle board, lattice, chicken wire, split rail, snow fence and other unsecured or unsuitable materials, as deemed by the Zoning Official, are not permitted. Zoning permit required for newly constructed barrier.
(d) "Ornamental pond" means a pool, pond, lake, stream or open tank, not wholly enclosed inside of a building, where swimming and human recreational use is not intended and does not occur. Ornamental ponds are strictly decorative and shall not cover more than one percent (1%) of the total square footage of the lot and will not be deeper than three feet (3') at its deepest point. Ornamental ponds, with a depth greater than eighteen inches (18"), shall not have a drop ratio greater than 3': 1' and are required to have safety ledges installed every twelve inches (12") of depth. Ornamental ponds are required to have moving water as to prevent stagnant water conditions. A zoning permit is required.
(e) "Water Feature" (not an Ornamental Pond) includes a shallow water fountain not exceeding twelve inches (12") water depth and/or a concealed container not exceeding fifty (50) gallons of water below ground level.
(f) "Portable/blow-up/wading/kiddie pools" meet all of the following requirements:
(1) Only capable of holding eighteen inches (18") or one and one-half foot (1½') of water or less, at the deepest point, and are nine feet (9') or less in water surface diameter at the widest point, or less than sixty-five (65) square feet in surface area;
(2) Not erected, whether containing water or not, on one's property, when not wholly enclosed inside of a building, except for between and including the dates of May 1st through September 30th of the same calendar year;
(3) Shall not create any safety or health hazards. It is solely the responsibility of the property owner that these types of pools are not a safety hazard or do not become a health hazard;
(4) Are not permitted in front yards;
(5) Are not equipped with a water recirculation system or involve structural materials.
(6) It may be required to be removed or required to adhere to the swimming pool regulations if all criteria are not met as determined by the Safety Service Director or designee. No zoning permit required.
(g) "Public spa" means any public swimming pool that is typically operated as a smaller, higher temperature pool for recreational or non-medical uses. Zoning permit required.
(h) "Special use pool" means a public swimming pool containing flume slides, wave generating equipment, or other special features that necessitate different design and safety requirements. Special use pool does not include any water slide or wave generating pool at a public amusement area which is licensed and inspected by the Department of Agriculture, pursuant to Section 1711.50 to 1711.57 of the Ohio Revised Code. Zoning permit required.
(i) "Spas, hot tubs, and the like" having a span of nine feet (9') or less at the widest point, shall be locked with a top specifically made from the manufacturer of the spa or tub whenever not in the immediate supervision of a responsible adult. Spas/hot tubs and the like having a span greater than nine feet (9') at any point, shall be considered a swimming pool and must adhere to the swimming pool guidelines. Zoning permit required.
(j) "Large ponds" are water bodies that are no less than one half (½) acre. The maximum surface area of a large pond is twenty-five percent (25%) of the net acreage of the parcel.
(k) "Topper-barrier" means a fence, a wall, or a combination thereof, on the top of the pool, which completely surrounds the above-ground or on ground swimming pool and obstructs access to the swimming pool. The maximum vertical clearance between the top of the pool and the bottom of the topper-barrier shall not exceed four inches (4"). Plywood, particle board, chicken wire and other unsecured or unsuitable materials, as deemed by the Zoning Official, are not permitted.
(Ord. 1-15. Passed 2-23-15.)