"Private swimming pool" means any in-ground or above-ground swimming, wading, or other pool, containing a capacity for over one and one-half feet of water depth. No such swimming pool shall be allowed in any R-District except as an accessory use and unless it complies with the following conditions and requirements:
(a) The pool is maintained by:
(1) An individual for the exclusive use and enjoyment of the occupant or principal user of the property on which it is located, their household, and guests; or
(2) The owners or managers of a multi-f;imily development for the exclusive use of tenants and guests, and operated without charge for admission and not operated for profit; or
(3) Home associations for the exclusive use of members and guests.
(b) A pool shall be permitted in a residential district provided that:
(1) It is located on the same lot as the building or buildings served;
(2) In a single-family district and two-family district, the pool shall not be located in the front yard or closer than ten feet to any property line in the rear or side yard;
(3) It is located on common land under the control of a home association.
(c) All pools, together with adjacent walkways or pool decks, shall be completely enclosed by a wall or fence, so as to prevent uncontrolled access by children from the street or adjacent properties, and:
(1) The fence or wall shall have a minimum height of four (4) feet from ground level.
(2) All fences or walls shall be constructed so as to have no openings, holes, or gaps larger than three (3) inches in width, except for doors, gates, or windows that shall be equipped with suitable locking devices to prevent unauthorized access. Access to secured accessory buildings and walls of principal or accessory structures may be used in place of, or as part of, the enclosure.
(3) All fences and other pool enclosures shall be equipped with suitable locking devices to prevent unauthorized access.
(4) A fence or wall that is attached to or is a part of the pool does not meet the enclosure requirement.
(d) Discharge or overflow of any water from a swimming pool shall be onto the property where the pool is located or into the nearest storm sewer. The discharge shall not flow onto, through, or otherwise affect adjacent properties.
(Ord. 198-2020. Passed 10-19-20.)