No private swimming pool, except for a portable swimming pool as defined in Section 1127.02 (123), shall be allowed in any district, except as an accessory use and unless it complies with the following conditions and requirements.
   (a)   The pool is used solely for the enjoyment of the owner or occupants of the  property on which it is located;
   (b)   It may not be located in the front yard area, nor closer than ten (10) feet from the rear or side lot line;
   (c)   The swimming pool or the entire yard in which the swimming pool is located shall be walled or fenced to prevent uncontrolled access by children from the street or adjacent properties.  The fence or wall shall be seventy-two (72) inches in height and maintained in good condition with a gate or lock.  Rails are not permitted in place of a wall or fence;
   (d)   The wall or fence shall be in place within twenty-four (24) hours after the pool has been filled with water;
   (e)   When an above ground pool structure is used as a barrier, an additional two (2) feet of fencing shall be placed on top of and around the entire above ground pool structure.  Ladders or steps used to access the above ground pool shall be capable of being secured, locked or removed to prevent access;
   (f)   Portable Pools are permitted on side yards and rear yards only.  All portable pools shall be entirely enclosed with a fence having a height of forty-eight (48) inches. No zoning certificate required;
   (g)   Spas or Hot Tubs complying with ASTM f-1346-91 Standard Performance Specifications for Safety Covers and Labeling Requirements for Spas and Hot Tubs shall be exempt from the requirements of Section 1153.04;
   (h)   Prior to construction or erection of a private swimming pool, a zoning certificate must be obtained.
(Ord. 2003-83.  Passed 10-21-03.)