No private residential swimming pool, exclusive of "Portable/Blow-up/Wading/Kiddie Pools", shall be allowed in any district, except as an accessory use and unless it complies with all of the following conditions and requirements:
(a) The pool is to be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.
(b) The pool may not be located in the front yard area; nor, closer than five feet (5') to a rear or side lot line.
(c) Every swimming pool, including existing pools, shall be completely enclosed by a fence or other permissible barrier of sturdy construction, the top of which shall not be less than forty-eight inches (48"/4 feet) above the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such barrier. Rails are not permitted in place of a wall or fence.
(1) Such fence or other barrier shall be of conventional design and each gate in it shall be provided with a self-closing, self-latching gate with secure lock and shall be kept locked at all times, unless such pool is under the immediate observation/supervision of a responsible person. The latch shall not be lower than forty-eight inches (48") and located on the inside of the gate, not accessible to small children.
(2) In the case of pools which are partially or completely above-ground, in lieu of a fence or other permissible barrier, the outside structure of the pool wall may constitute part of the conventional barrier but must have a permissible topper-barrier, so that the complete barrier, measured from the adjacent grade or the highest point of access to the pool, is not less than seventy-two inches (72") or six feet (6'). The steps or ladder can be designed to be secured, locked or removed to prevent access, or the steps or ladder can be surrounded by a completely enclosed fence or other permissible barrier with gate as stated above.
(3) 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 spas or hot tubs, in lieu of a fence, 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.
(4) No part of any barrier shall be located between the building setback line as established by the Zoning Ordinance and the street on which the lot or parcel abuts.
(d) Required fencing and/or other permitted barrier must be in place within twenty- four (24) hours after the swimming pool has been constructed or filled.
(e) Prior to the construction or erection of a private residential swimming pool, the petitioner shall obtain a zoning permit under Chapter 1227, a fence permit (unless using a pool topper-barrier), a swimming pool permit and all permit/variance fees shall be paid.
(Ord. 1-15. Passed 2-23-15.)