A. Private swimming pools: all private swimming pools shall be regulated according to the following requirements:
1. Except as herein provided, no swimming pool or associated equipment shall be permitted within any minimum front, side, or rear yard depth, nor within any public utility right-of-way easement. Above ground pools, including apparatus and equipment pertaining to the operation of the swimming pool, shall be permitted within any minimum side or rear yard depth of the lot or easement; provided, however, that if at any time construction, repair, or maintenance is necessary within the easement, removal of the pool will be at the owner’s expense.
2. Swimming pools which are constructed in-ground, shall be required to have a fence or wall, including a self-closing or self-locking door or gate around the pool or the property on which the pool is located. Such fence or wall shall be at least four feet, but not more than seven feet in height (only classes 1, 3, 4, or 5 fences are permitted, as regulated in § 13.10). The fence or wall shall be constructed in such a manner so that a small child may not reach the pool from the street or any adjacent property without climbing the fence or wall or opening the gate or door.
3. a. Swimming pools, which are located above ground, shall be required to have a fence or wall, including a self-closing or self-locking door or gate around the pool or property upon which the pool is located. Such fence or wall shall be at least four (4) feet, but not more than seven (7) feet in height (only classes 1, 3, 4, and 5 are permitted as regulated by Article XIII of this appendix). Such fence or wall shall be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without scaling a fence or wall or opening the gate or door. Said wall may be the wall of the above ground pool providing that said wall is at least four (4) feet in height above the surrounding ground level.
b. Any access to above ground pools by means of a ladder or stairway shall be provided with a self-closing or self-locking door or gate, or some other device that would prevent a small child from gaining access to the pool by means of a ladder.
4. Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties.
5. All swimming pools and associated equipment shall be constructed and erected in accordance with all applicable codes, ordinances, and regulations of the city. Water used in the swimming pool, which is obtained from other than a public source, shall be approved by the Northern Kentucky District Health Department.
6. All swimming pools existing at the time of adoption of this appendix which are unprotected by a surrounding fence or wall, including gates or doors, as regulated herein, shall be required to comply with the provisions of this appendix section within 60 days after its adoption.
B. Public, semi-public and commercial swimming pools: all public, semipublic, and commercial swimming pools shall be regulated according to the following requirements:
1. Except as herein provided, no swimming pool and associated equipment shall be permitted within any required yards or within the limits of any public utility right-of-way easement.
2. The swimming pool or the property on which the pool is located shall be surrounded by a fence or wall, including a self-closing or self-locking door or gate (only classes 1,3,4, and 5 fences are permitted, as regulated by Article XIII of this appendix). Such fence or wall shall 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.
3. Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties.
4. All swimming pools and associated equipment of the swimming pool shall be constructed and erected in accordance with all applicable codes, ordinances and regulations of the County. Water used in the operation of the swimming pool, which is obtained from other than a public source, shall be approved of by the Northern Kentucky District Health Department.
5. No mechanical device for the reproduction or amplification of sounds used in connection with swimming pools shall create a nuisance to adjacent residential properties.
(Ord. 2017-6, passed 4-4-17) Penalty, see § 18.10