1129.19 PRIVATE SWIMMING POOL REGULATIONS.
   (a)   Purpose. It is the purpose of the Section 1129.19 to promote the public health, safety and welfare through the regulation of swimming pool facilities.
 
   (b)   General Regulations.
      (1)   Private swimming pools are an accessory structure in the R district or as an accessory use to legal non-conforming single family residential use in other districts.
      (2)   The private swimming pool is intended to be used an accessory building and is used solely for the enjoyment of the occupants of the property on which is located and their guests.
      (3)   The pool may be located anywhere on the property but shall meet setbacks for accessory building listed in the Appendix A of Ordinance 2013-038.
      (4)   Temporary swimming pools that can be set up May 1 and removed by September 30 are exempt from these regulations and will not require a zoning permit. These swimming pools must have a diameter of 12 feet or less or 100 square feet or less to be considered temporary pools. If the temporary pools do not meet the size standard or if they exceed the time limit, they will not be considered temporary and will be required to follow all applicable regulations.
      (5)   Fences.
         A.   Permanent in-ground swimming pools shall be fully enclosed by an approved fence not less than four ( 4) feet in height to prevent any access to the pool except through a controlled access point. Fences for in-ground pools shall be approved as part of the zoning permit process for the pool. Permanent above-ground swimming pools shall be enclosed by either a fence or pool wall not less than four ( 4) feet in height, as measured from grade at the base of the wall, to prevent access to the pool except through a controlled access point. Doors and gates shall be equipped with suitable locking devices to prevent unauthorized access.
         B.   A fence enclosure is not required for above-ground pools if the pool has non-climbable vertical sides not less than 4 feet in height, as measured from grade at the base of the wall, and any access steps or ladders are removed when the pool is not in use. A swimming pool cover is not considered to be a suitable alternative to the enclosure requirements set forth herein.
      (6)   When discharging water from the swimming pool, the owner, operator or their agents shall follow the requirements in Sections 911.02, Prohibited Substances, Pretreatment Facility Regulations, and Section 1323.07, Discharge and Connection Prohibitions.
         (Ord. 2013-038. Passed 5-8-13.)