1323.02 LOCATION AND AREA.
   (a)    Except as otherwise permitted in subsection 1323.02(b), no swimming pool shall be located in any required front or side yard, as prescribed by the Zoning Code of the City, for the lot or parcel upon which such pool is situated, nor in any case be located nearer than ten feet to the side or rear line of the lot or parcel upon which it is situated.
   (b)    An owner of a peninsula lot, used for residential purposes within the City of Berea and bounded on three sides by dedicated public streets, roads or alleys, or a double frontage lot, used for residential purposes within the City of Berea and having frontages on two non-intersecting streets, as distinguished from a corner lot, may make application to the Planning Commission to locate a swimming pool within a required front or side yard. As provided in Zoning Code Section 309.05(I), the Planning Commission may approve the location of a swimming pool within a required front or side yard upon making findings that locating a pool in a front or side yard is the most practical location for it on that particular lot, that the public safety will not be impacted by the location of the pool, and that the neighboring properties will not be adversely affected by the location of the pool.
(Ord. 2020-26. Passed 6-15-20.)