a. A private swimming pool, as regulated herein, shall be any pool, or open tank, 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 (1½) feet. No such swimming pool shall be allowed in any residence or rural development 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. It may not be located closer than ten percent (10%) of the lot width as measured at the front building line to any property line of the property in which it is located and under no circumstances may be located within a required side yard.
3. The swimming pool or the entire property on which it is located, shall be so walled or fenced (minimum height of five (5) feet and a maximum height of six (6) feet) as to prevent uncontrolled access to the pool by children from the street or from adjacent properties and shall provide a drainage system which will dispose of the water without runoff onto adjacent properties.
4. Effective June 1, 2021, a pool without a wall or fence as described above is nonetheless compliant with this Section if the pool is covered with a Safety Cover at all times while it is unoccupied and unattended. A “Safety Cover” is a waterproof cover specifically intended for use on a pool and capable of supporting no less than 485 pounds.
(Ord. No. 2007-33, 12-27-07; Am. Ord. No. 2021-12, 6-10-21)