1129.04  SWIMMING POOLS.
   (a)   Private Swimming Pools.  A “private swimming pool” means any pool, lake, or open tank not located with 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.  No such swimming pool, exclusive of portable swimming pools with a diameter of twelve feet or less or with an area of 144 square feet or less, shall be allowed in any “B” or “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)   It may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than ten feet to any property line of the property on which located.
      (3)   The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties.  Such fence or wall shall be not less than five feet in height and maintained in good condition, with a gate and lock.  (Ord. 37, 1996.  Passed 6-3-96.)
   (b)   Community or Club Swimming Pools.  A "community or club swimming pool" means any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association or club and their families.  Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
      (2)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line on which located.
      (3)   The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties.  Such fence or wall shall not be less than six feet in height and maintained in good condition.