1163.12 SWIMMING POOLS.

   Private pools shall be permitted as an Accessory Use in the rear yard only, in all Districts except Commercial or Industrial Districts.

   (a)   General.

      (1)   Front Yard Prohibition. No swimming pool shall be located less than the required front yard setback from any front lot line.

      (2)   Setbacks. There shall be a minimum distance of not less than five feet (5’) between the adjoining property line or alley right-of-way and the outside of the pool wall.

      (3)   Temporary Pools. Inflatable/standing side pools are considered temporary. As such, these pools are exempt from the zoning ordinance. A removable ladder is required.

   (b)   In-ground Swimming Pools.

      (1)   Fencing. Access to all in-ground pools shall be restricted on all sides by an approved fence. The minimum height requirements for fences vary by type of pool and are as follows:

         A.   Family Pool. Four feet tall (48”)

         B.   Private/Public Pools. No less than six feet tall (6’)

      (2)   Access. Access to all swimming pools shall be through a controlled gate or other structure. The height of the gate shall match the requirement for the fencing. All gates shall be of a self-close type with a latch not readily available to children which is able to be securely locked.

      (3)   Pool Covers. Swimming pools with a power safety cover complying with ASTM F 1346 shall be exempted from the fence requirement.

   (c)   Above Ground Pools with Permanent/Rigid Walls. Above ground pools are exempt from fencing requirements when sides of pool are forty-two inches (42”) or higher, but not the access requirement. See Section 1163.12(b)(2).

Example 1: An above ground pool has a deck next to it with stairs leading up to the top. The stairs must be secured via a gate that is self-closing and latching.

Example 2: An above ground pool has a ladder to get into the pool. Remove the ladder when not in use.

   (d)   Approved Fence Required. An approved fence shall be constructed so that horizontal members are on the pool side of the enclosure and vertical members are not more than three- and one-half inches (3 ½”) apart. A building or existing wall may be used as part of such enclosure; however, all gates or door openings shall meet the requirements set forth in Section 1163.12 Swimming Pools. (See City of Findlay Codified Ordinances Section 1365.04).

   (e)   Applicability of Requirements. These fencing requirements shall apply to both new and existing outdoor swimming pools, and the requirements shall apply to each person in possession of land within the City, either owner, purchaser, lessee, tenant, or licensee, on which is situated a swimming pool.

      (Ord. 2023-115. Passed 12-19-23.)