“Hot tubs", "Spas", and "Jacuzzis", for the purpose of this Zoning Code, means a large tub or small pool filled with aerated water used for hydrotherapy, relaxation, or pleasure, having or not having massaging jets, and for which all 'controls, water heating, and water circulating equipment are an integral part of the product, and is inclusive of Spas, Jacuzzis, Whirlpools, or any other nomenclature that is considered the same. No such Hot Tub shall be allowed or permitted in any R-District except as an accessory use and unless it complies with the following conditions and requirements:
(a) Hot tubs are permitted accessory structures, and may be either below or above grade provided they do not exceed eighty (80) square feet in total water surface area, or four and one-half (4.5) feet in depth or height as measured from finished grade. Hot tubs which exceed these size and height requirements shall be considered swimming pools for the purposes of this Zoning Code.
(b) The Hot tub 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-family 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.
(c) A Hot tub 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 Hot tub 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.
(d) Hot tubs shall be secured with a rigid safety cover with a locked top in lieu of a fence or wall.
(e) In a single-family and two-family districts and uses, Hot tubs shall be screened by material of sufficient density to obscure its view from adjacent dwellings and/or public streets. (Ord. 198-2020. Passed 10-19-20.)