1143.09 PRIVATE SWIMMING POOLS.

   (a)   A private swimming pool means any pool, pond, lake or open tank, where swimming is normally permitted, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half feet, and having a surface area of 200 square feet or more.

   (b)   No such swimming pool shall be allowed in any “R” District except as an accessory use, and unless it complies with the following conditions and requirements:

      (1)   The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

      (2)   Such pool, including any walks or paved areas or accessory structures adjacent thereto shall not be located closer to the property line than authorized by the setback requirements of Section 1151.02 and shall be at least ten feet to the rear foundation of the main building.

      (3)   The swimming pool, or the entire property on which it is located, shall be walled or fenced to prevent uncontrolled access by young children from the street or from adjacent properties. Such fence or wall shall be not less than four feet in height and maintained in good condition, with a gate and lock. Alternately, the swimming pool may be constructed or situated in such a way that there is no less than a four foot barrier, deck, rigid side or other construction that is equivalent to a fence or barrier that has a four foot height. (Example include four foot high rigid sided above ground pools with the ladder removed and stored away from the pool when not in use, or decks around above ground pools at least four feet in height in which access is blocked in such a way that is equivalent to or greater than a four foot high fenced enclosure).

      (4)   The swimming pool shall not be located under any electric lines or utility lines. The movement of any such utility lines in order to accommodate a swimming pool shall be at the expense of the property owner.

      (5)   Under no circumstance shall an in ground pool of any dimension be exempt from the minimum four foot height fencing requirement noted in subsection (b)(3) of this section.

      (6)   Any swimming pool that is defined by this section as an accessory use, based on being of a minimum dimension of 200 square feet, shall count toward the lot coverage requirements of Section 1151.02.

         (Ord. 37-11. Passed 11-7-11.)