Private swimming pools, hot tubs, spas, and inflatable pools are permitted accessory uses in all residential districts under the following conditions:
A. Definition: For purposes of this section, a "swimming pool" means any structure intended for swimming or recreational bathing that contains water over thirty inches (30") deep or with a capacity of over one thousand (1,000) gallons. This includes inground, aboveground, and onground swimming pools, hot tubs and spas1.
B. Permit Requirements: The applicant for a building permit for swimming pools, hot tubs, spas, and inflatable pools shall submit all information as deemed necessary by the building official.
C. Fencing:
1. A minimum four foot (4') nonclimbable fence, restricting access, shall be erected around outdoor swimming pools, hot tubs, spas, and inflatable pools or around the tract of land where said pool, hot tub, spa, or inflatable pool is located. The exceptions to this requirement are:
a. Hot tubs and spas equipped with latching covers conforming to ASTM F 1346-91, "Standard Performance Specifications For Safety Covers And Labeling Requirements For All Covers For Swimming Pools, Hot Tubs And Spas2".
b. Inflatable pools with a surface area of fourteen (14) or less feet in diameter, and less than thirty inches (30") in depth from the deepest point to the spill level, and erected between Memorial Day and Labor Day.
c. Pool covers conforming to ASTM F 1346-91, "Standard Performance Specifications For Safety Covers And Labeling Requirements For All Covers For Swimming Pools, Spas, And Hot Tubs".
2. The building official shall approve the plans and specifications for said fence prior to construction. If said fence is equipped with doors or gates, then the doors or gates shall be self-closing, latching and childproof.
3. Where a suitable railing or other approved barrier restricting access to the pool is constructed, the above requirement for a fence may be waived by the building official, provided the building official determines compliance with approved ordinances and standards.
4. In instances where the hot tub or spa contains a latching cover or the pool contains a cover or the fence has a door or gate, then the property owner must keep the cover closed and the door and gate closed unless a resident of the property is present outdoors and within twenty five feet (25') of the hot tub, spa or pool.
D. Setbacks:
1. Swimming pools, hot tubs, spas, and inflatable pools shall be set back a minimum of ten feet (10') from any side or rear lot line as measured from the nearest edge of the slope around the pool, the perimeter walk, or the edge of the pool (whichever is closer to said lot line).
2. Swimming pools, hot tubs, spas, and inflatable pools shall not be permitted in the front yard, side yard, or in the area between the street right of way and the minimum required building setback line.
E. Drainage Of Site: Swimming pools, hot tubs, spas, and inflatable pools which raise the existing elevation more than eight feet (8') shall be reviewed by the building official who shall have the right to refuse the permit for construction of the same if, in his opinion, adjoining properties will be adversely affected because of the alteration of drainage patterns.
F. Drainage Of Pools, Tubs And Spas: The drainage of swimming pools, hot tubs, spas, and inflatable pools shall not discharge across adjoining properties. (Ord. 1142, 1-22-2007)