The term “swimming pool” in this section shall include any containers or structures with a water capacity greater than 5,000 gallons and a depth of four (4) feet or greater. Swimming pools are permitted subject to the following conditions:
A. Swimming pools shall be permitted only as an accessory use, on the same lot as, and intended for use by the occupants of, an accompanying residential unit or units.
B. A Building permit is required, except where specifically exempted by the Uniform Building Code. Compliance with the Uniform Building Code is required.
C. The property owner’s application for a building permit shall include a site plan scaled drawing showing the type and size of pool, location of pool, location of house, garage, fencing and other improvements on the lot, location of structures on all adjacent lots, location of filter unit and pump and writing indicating the types of such units, location of back-flush and drainage outlets, grading plan, finished elevations and final treatment (decking, landscaping, etc.) around pool, location of existing overhead or underground wiring, utility easements, trees and similar features, and location of any water heating unit.
D. Pools shall not be located within twenty (20) feet of any septic tank/drainfield nor within six (6) feet of any principal structure or frost footing unless the pool is constructed entirely within the dwelling. The edge of the pool shall be located no closer than twenty-five (25) feet from any side or rear lot line, and no closer than eighty (80) feet from the edge of any right-of-way or the front of the house (whichever is greater). The required safety fencing or surrounding structure shall be located no closer than twenty (20) feet from any side or rear lot line and no closer than seventy-five (75) feet from the edge of any right-of-way, unless the entire yard area with the inground pool is enclosed with fencing which meets the safety standards described at Paragraph K(1) below in which case the fence may be located on side or rear lot lines.
E. Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
F. Pools shall not be located within any private or public utility, walkway, drainage or other easement.
G. In the case of inground pools, the necessary precautions shall be taken during the construction, to:
1. Avoid damage, hazards or inconvenience to adjacent or nearby property.
2. Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringements upon adjacent property.
3. All access for construction shall be over the owner’s land and due care shall be taken to avoid damage to public streets and adjacent private or public property.
H. To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner’s property or into approved public drainageways.
I. The filter unit, pump, heating unit and any other noisemaking mechanical equipment shall be located at least fifty (50) feet from any adjacent or nearby residential structure and not closer than ten (10) feet to any lot line.
J. Lighting for the pool shall be shielded and directed toward the pool and not toward adjacent property.
K. All inground and aboveground pools must have a barrier that meet the requirements of the following standards:
1. All inground pools shall be equipped with a non-climbable fence at least four (4) feet in height above grade. The fence shall completely enclose the pool, unless the pool is equipped with a security cover, including a locking mechanism, which shall be closed when the swimming pool is unattended.
2. Aboveground pools require no fencing, provided all walls are non-climbable and remain at least four (4) feet above all surrounding grades. Pools constructed partially below grade shall include guards or extensions above the pool to maintain a minimum height of four (4) feet above grade. All aboveground pools shall have removable steps, which must be removed when the swimming pool is unattended, unless the stairs are equipped with a security mechanism to prevent climbing when not in use.
3. Aboveground pools with an accessory deck, constructed to a height of thirty (30) inches or greater above the surrounding grade and is adjacent to any part of an aboveground swimming pool, shall include on its entire outside perimeter, a three (3) feet higher or greater guard rail or fence. The guard rail shall be constructed so that no open space within it is wider than four (4) inches.
4. All entrance or exit gates shall be latchable and lockable and equipped with latching device placed at the top of the gate or otherwise inaccessible to small children.
L. Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Such water shall be subject to periodic inspection by the local health officer.
M. All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspections.
N. Deviations from these standards for pools accessory to commercial uses may be considered by the City Council as part of the site plan review or conditional use permit review process.
[§ 7A-808, formerly, § 7A-821, amended by Ord. No. 89-1, effective July 21, 1989, Ord. No. 98-4, effective September 24, 1998, Ord No. 98-9, effective December 31, 1998, Ord No. 01-01, effective May 17, 2000, and Ord. No. 02-01, effective May 17, 2002, § 7A-807, formerly 7A-808 amended (renumbered) by Ord. No. 04-04A, effective June 3, 2004, amended by Ord. No. 07-02, effective March 1, 2007; amended by Ord. No. 21-09, effective December 8, 2021; amended by Ord. No. 23-05, effective August 31, 2023.]