1147.32 SWIMMING POOLS AND TENNIS COURTS.
   A.    Private Swimming Pools.
All private swimming pools ("pool"), exclusive of portable swimming pools with a diameter less than twelve feet (12') or with an area of less than one hundred square feet (100 sf.), shall not be permitted in any residential district as an accessory use unless it complies with the following conditions and requirements:
      1.    The pool is intended and is to be used solely for the use of the occupants, including guests, of the principal use of the property on which it is located. A pool shall be considered an accessory use to the main structure.
      2.    A pool, including any walks or paved areas or accessory structures adjacent thereto, shall be located behind the rear line of the principal structure and at least ten feet (10') from all property lines. That distance shall be measured from the water's edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits.
      3.    Elevated decks for above-ground pools shall not be located closer than ten feet (10') to the property line.
      4.    Fixed lighting shall be located, screened or shielded so that any adjacent residential lots are not directly illuminated.
      5.    The swimming pool behind the front building on which it is located, shall be walled or fenced to prevent uncontrolled access by any person from the street or from adjacent properties. The fence or wall shall not be less than four feet (4') in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock. The gate shall remain locked at all times except when the pool is used or controlled by authorized persons. Appropriately walled or fenced, as mentioned herein, does not include the wall and/or deck of an above ground swimming pool.
      6.    Before construction commences, the petitioner shall obtain a Zoning Certificate under Chapter 1175, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.
   B.    Community or Club Swimming Pools.
Community and club swimming pools are permitted in any district that allows for outdoor recreation or club facilities and shall comply with the following conditions and requirements:
      1.    The pool is intended solely for the use of the members, and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
      2.    The pool shall be subject to the same provisions governing the location and use of private pools as specified in Sections 1147.32A.
      3.    The pool and accessory structure thereto, including the areas used by the bathers, shall not be closer than one hundred feet (100') to any property line.
      4.    The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by persons from the street or from adjacent properties. The fence or wall shall not be less than six feet (6') in height and maintained in good condition.
      5.    Fixed lighting shall be located, screened or shielded so that any adjacent residential lots are not directly illuminated.
      6.    Before construction commences, the petitioner shall obtain a Zoning Certificate under Chapter 1175, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid. The operation of any pool shall comply with the standards of the City Building Code and the Hamilton County Board of Health.
   C.    Tennis Courts.
      1.    Tennis courts or other similar playing courts shall be located in the rear yard of a building or structure.
      2.    Such courts shall be fenced along its perimeter with a fence. Any such fence exceeding six feet (6') in height shall be screened by large shrubs (Refer to Sections 1147.16 and 1147.17).
      3.    Fencing surrounding a tennis court(s) shall be located at least five feet (5') from any property line.
      4.    Fixed lighting shall be located, screened or shielded so that any adjacent residential lots are not directly illuminated.
         (Ord. 14-19. Passed 8-6-19.)