(A) A swimming pool shall mean any water-filled enclosure, permanently constructed or portable, having a depth of more than two feet above or below grade and more than 12 feet in width in some dimension. This section also applies to a spa or spa pool, regardless of size, but does not apply to natural swimming areas or agricultural land waters.
(B) Notwithstanding anything to the contrary herein, a swimming pool may be enclosed by a fence four feet high or more and less than six feet in height if the swimming pool is equipped with a pool cover approved in advance by a majority of the City Administrator, Public Works Director and Zoning Enforcing Officer.
(C) If a fence is attached to a swimming pool, the outside walls of the swimming pool can be used to meet the six foot to eight foot height requirement.
(D) All swimming pools, including any attached decks, may not be closer than the required side and rear yard setbacks to any property line.
(E) Notwithstanding anything to the contrary hereto, any swimming pool in existence on January 1, 2002, with a five-foot fence surrounding the pool, shall be allowed to retain the five-foot fence and shall not be required to construct a six-foot to eight-foot in height fence until such time as the fence is removed for any reason. If the fence is removed for any reason, then the replacement fence shall comply with the terms of this section.
(G) Notwithstanding anything to the contrary in this section, no fence as provided under this section shall be required to be constructed to surround a swimming pool that is defined herein as an inflatable and temporary swimming pool. A temporary swimming pool shall be defined as a swimming pool that is not permanent and is disassembled and stored indoors at least six months out of each 12-month period. An inflatable swimming pool shall be defined as a swimming pool that requires the use of air or gas to be pumped into a membrane which expands in size to create the shape and structure of the swimming pool.
(Ord. 1186, passed 4-16-02; Am. Ord. 1229, passed 12-1-03; Am. Ord. 1321, passed 9-5-06; Am. Ord. 1463, passed 9-4-12)