A private swimming pool shall be permitted as an accessory use to any permitted residential use provided.
(A) The pool is intended for private accessory use only, and not for commercial or club purposes.
(B) For an in-ground or surface (above ground) swimming pool, the property upon which said pool is located shall be enclosed by a fence of a type which effectively controls the entrance by children to the pool area. The fence must be at least five feet in height. Wooden fences with boards placed vertically shall not have any opening wider than four inches per opening and wooden fences with boards placed horizontally shall not have any opening wider than one inch per opening. For an in-ground pool, a mechanically controlled cover can be used in lieu of fencing requirements.
(C) For an above ground pool with a surrounding deck structure, the fence and deck shall not exceed a total height of nine feet from finish grade, pursuant to § 151.028(E).
(D) A pool (in-ground or above ground) shall not be located in any front yard and shall not be closer than ten feet to any side of rear property line of the property on which it is located.
(E) Gates installed for access to the property or pool area shall be equipped with a self-closing and latching device to protect against uncontrolled access to the property.
(F) For an above ground swimming pool, the pool shall be equipped with a retractable type ladder, a removable ladder, or shall be fenced in accordance with division (B) above. The ladder must be removed or retracted when the pool is not being attended.
(G) If access to the pool is via a deck or porch, then no access from the ground is permitted to the deck area unless the property or the ground access to the deck is fenced in accordance with division (B) above.
(H) It shall be the responsibility of the property owner whereof to maintain all pool covers, fences, gates, and closure devices in good operating condition.
(I) Enclosed pools shall be considered structures for purposes of regulations limiting lot coverage.
(J) Pool placement shall not be constructed under overhead power lines.
(Ord. 13 2020, passed 8-18-2020) Penalty, see § 151.999