§ 9.05  SWIMMING POOLS.
   9.05.01   Private Sswimming Pools.  All private swimming pools must comply with the following requirements:
   (A)   Except as herein provided, no swimming pool or associated equipment is permitted within any required setback or within any public utility right-of- way easement.
   (B)   Swimming pools, whether constructed in-ground or above ground, must have a fence or wall, including a self-closing or self-latching door or gate, with the latches placed at least four feet above ground, around the pool or the property on which the pool is located.  Such fence or wall must be at least four feet, but not more than six feet in height.  Such fences or walls must be constructed in such a manner that any openings do not allow the passage of a four-inch diameter sphere.
   (C)   The side or wall of an above-ground pool may serve as the wall or fence referenced in this section, provided that the side or wall is at least four feet in height above the surrounding ground level. Any access to above-ground pools by means of a ladder or stairway must be provided with a self-closing or self-latching door or gate, or some other device that would prevent a small child from gaining access to the pool by means of a ladder.
   (D)   Glare from lights used to illuminate the swimming pool area must be directed away from adjacent properties.
   (E)   All swimming pools and associated equipment must be constructed and erected in accordance with all applicable codes, ordinances, and regulations of the legislative body. Water used in the swimming pool that is obtained from other than a public source must be approved by the Northern Kentucky District Health Department.
   (F)   All existing swimming pools that are unprotected by a surrounding fence or wall, including gates or doors, as regulated herein, must immediately be brought into compliance with the provisions of this zoning ordinance.
   (G)   No swimming pool shall be located forward of the principal structure, or in the front yard of any lot.
   9.05.02   Public Swimming Pools.  All public, semi-public, and commercial swimming pools must be regulated according to the following requirements:
   (A)   Except as herein provided, no swimming pool and associated equipment is permitted within any required setbacks or within the limits of any public utility right-of-way easement.
   (B)   The swimming pool or the property on which the pool is located must be surrounded by a fence or wall, including a self-closing and self-latching door or gate (only Classes 1, 3, and 5 fences are permitted, as regulated by § 9.01 and § 9.02). Such fence or wall must be at least five feet in height, but not exceeding the height as permitted herein, and of such construction that a small child may not reach the pool from the street or from adjacent property without climbing the wall or fence or opening a door or gate.
   (C)   Glare from lights used to illuminate the swimming pool area must be directed away from adjacent properties.
   (D)   All swimming pools and associated equipment of the swimming pool must be constructed and erected in accordance with all applicable codes, ordinances and regulations of the legislative body. Water used in the operation of the swimming pool which is obtained from other than a public source must be approved of by the Northern Kentucky District Health Department.
   (E)   No mechanical device for the reproduction or amplification of sounds use in connection with swimming pools may create a nuisance to adjacent residential properties.
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-25-11, passed 9-6-11)