A "private swimming pool" as regulated herein, means any pool or open tank not located within a completely enclosed building and containing water to depth, at any point greater than twenty- four (24) inches. A private spa or hot tub with a lockable cover and garden ponds shall not be considered as a "swimming pool" subject to the provisions of this section. No swimming pool, exclusive of portable swimming pools with a water depth of less than twenty-four inches, shall be allowed in any residential district unless the following conditions and requirements are complied with:
(a) The pool is intended to be used solely for the occupants of the principal use of the property on which it is located, and their non-paying guests.
(b) Such pool, including any walks, paved areas, and appurtenances thereto, shall not be located in any front yard.
(c) Any private swimming pool, or the property on which the pool is located, shall be enclosed by a wall or fence constructed so as to prevent uncontrolled access. Such wall or fence shall not be less than four feet in height, maintained in good condition, and affixed with an operable gate and lock.
(d) All lights used for the illumination of the swimming pool and adjacent areas shall be designed, located and installed so as to confine the direct beams thereof to the lot or parcel on which the pool is located.
(e) Whoever violates any provision of this section shall be fined not more than one hundred dollars ($100.00). Whoever violates this section is guilty of a minor misdemeanor.
A zoning permit shall be required for the construction or installation of any private swimming pool. The owner of the property, or his/her agent, shall certify that the pool will be constructed, installed and maintained in conformance with the above requirements.
(Ord. 34-2009. Passed 10-6-09.)