No private swimming pool ("pool"), exclusive of portable swimming pools with a diameter less than 12 feet or with an area of less than 100 square feet, shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(A) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located. A pool will be considered an accessory use to the main structure.
(B) A pool may not be located closer than ten feet to any property line, except in a district where that minimum distance shall be six feet. That distance shall be measured from the water's edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
(C) Elevated decks for above-ground pools shall not be located closer than ten feet to any property line.
(D) The swimming pool or the entire property behind the front building line on which it is located shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than four feet in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock.
(F) Pools, including above-ground pools, may not be located in the front yard of the lot without a variance from the Planning and Zoning Commission.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617