(A) Private swimming pools shall be permitted to be constructed on any residential building lot, either being the same lot as the owner’s dwelling or on a vacant lot contiguous to the lot containing the owner’s dwelling and under the same ownership with the following provisions.
(1) The pool must be constructed, placed, or located in the rear yard. Pools may be placed in the side yard, only if the rear yard is not of sufficient size.
(2) If the pool must be located in the side yard, then no part of the swimming pool or accompanying apparatus shall be located forward of the setback line of the owner’s dwelling.
(3) Private swimming pools shall be constructed under the same setback requirements as any other structure as provided in the Zoning Ordinance No. 5-73, as amended, or any subdivision covenants superseding the Zoning Ordinance.
(B) When a private swimming pool is located on a lot contiguous to the lot on which the owner’s dwelling is located and under the same ownership as the dwelling, the following conditions must be met in a addition to the conditions required in the above section:
(1) No part of the pools shall be located forward of the setback line of the owner’s dwelling or any other dwelling contiguous to the lot.
(2) If the contiguous lot has frontage on a street other than that on which the owner’s dwelling is located, then no part of the pools shall be forward of the minimum setback line.
(Ord. 2005-10, passed 9-12-2005) Penalty, see § 152.99