§ 152.129 STANDARDS REGULATING OUTDOOR SWIMMING POOL LOCATION AND CONSTRUCTION.
   (A)   General.
      (1)   A zoning permit shall be required for any swimming pool or other outdoor bathing facility except for any pool or bathing facility that is two feet or less in depth.
      (2)   An application for a zoning permit shall show:
         (a)   Type and size of pool or bath facility; and
         (b)   Site plan:
            1.   Location of pool or bathing facility;
            2.   Location of house, garage, fencing and other features on the lot;
            3.   Location of structures on all adjacent lots;
            4.   Location of filter unit, pump and wiring involving type;
            5.   Location of back-flush and drainage outlet;
            6.   Grading plan, finished elevations and final treatment (decking, landscaping and the like) around pool;
            7.   Location of existing overhead or underground wiring, utility easements, trees and similar features; and
            8.   Location of any water heating unit.
   (B)   In single-family district.
      (1)   Pools shall not be located within ten feet of any side or rear lot line nor within six feet of any principal structure or front footing. Pools shall not be located within any required front yard.
      (2)   Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
      (3)   Pools shall not be located within any private or public utility, walkway, drainage or other easement.
      (4)   In the case of underground pools, due precautions shall be taken during the construction period to avoid damage, hazards or inconvenience to adjacent or nearby property.
      (5)   All access for construction shall be via the owners’ land and due care shall be taken to avoid damage to public streets and adjacent private or public property.
      (6)   To the extent feasible, back-flush water or water from pool drainage shall be on the owners property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land.
      (7)   The filter unit, pump, heating unit and any other noise-making mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than ten feet to any lot line.
      (8)   Lighting for the pool shall be directed into or onto the pool and not onto adjacent property.
      (9)   Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type.
      (10)   A safety fence of at least five feet in height shall completely enclose the pool.
      (11)   All wiring, installation of heating units, grading, installation of pipes and all other installations and construction shall be subject to inspection by public inspectors.
      (12)   Any proposed deviation from these standards and requirements shall require a conditional use permit in accordance with normal zoning procedures.
   (C)   In multiple-family areas. Pools in multiple-family areas (residential structures containing three or more dwelling units) shall conform to the standards set for single-family districts with the following added restrictions.
      (1)   No part of the water surface of the swimming pool shall be less than 50 feet from any lot line.
      (2)   No pump, filter, heating units or other apparatus used in connection with or to service a swimming pool shall be located less than 50 feet from any lot line.
      (3)   All deck areas, adjacent patios or other similar areas used in conjunction with the swimming pool shall be located not closer than 30 feet to any adjacent single-family lot line. Adequate screening including both fencing and landscape treatment shall be placed between the areas and adjacent single- family lot lines.
   (D)   In all areas.
      (1)   Safety fencing shall be considered an integral part of any pool and shall be installed prior to considering the pool complete.
      (2)   Nuisances such as undue noise, lighting onto adjacent property, health and safety hazards, damage to nearby vegetation and the like shall not be permitted.
      (3)   Filling of pools via fire hydrants and other public means shall require approval of Superintendent of Utilities.
      (4)   Drainage of pools onto public streets or other public drainageways shall require approval of the Superintendent of Utilities.
      (5)   Prior to issuance of a zoning permit for any pool, the owners of all adjacent property shall be notified.
      (6)   Indoor pools shall comply to the State Building Code.
(Ord. 110, passed 4-23-1991; Ord. 173, passed 6-28-2005)