(A) Swimming pools defined. For the purposes of this chapter, a SWIMMING POOL is defined as any structure basin, chamber, or tank containing an artificial body of water for swimming, diving, or recreational bathing and having a depth of more than 24 inches at any point and/or a surface area that exceeds 150 square feet.
(Prior Code, Ch. 300 § 726.01)
(B) Standards. In all districts where single- and 2-family dwelling units are permitted uses, the following standards apply:
(1) A city permit shall be required for any outdoor swimming pool with a capacity of over 3,000 gallons or with a depth of over 3-1/2 feet of water.
(2) An application for a city permit shall include a site plan showing:
(a) The type and size of pool, location of pool;
(b) Location of house, garage, fencing, and other improvements on the lot;
(c) Location of structures on all adjacent lots; and
(d) Location of filter unit, pump, and writing indicating the type of such units, location of back-flush and drainage outlets, grading plan, finished elevations, and final treatment (decking, landscaping, and the like) around the pool, location of existing overhead and underground wiring, utility easements, trees, and similar features, and location of any water heating unit.
(3) Pools shall not be located within 10 feet of any septic tank/drainfield nor within 6 feet of any principal structure or frost footing. Pools shall not be located within any required front or side yard setbacks.
(Am. Ord. 7489, passed 5-16-2000)
(4) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.
(5) Pools shall not be located within any private or public utility, walkway, drainage, or other easement.
(6) In the case of underground pools, the necessary precautions shall be taken during the construction, to:
(a) Avoid damage, hazards, or inconvenience to adjacent or nearby property.
(b) Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust, or other infringements upon adjacent property.
(7) All access for construction shall be over the owner's land and due care shall be taken to avoid damage to public streets and adjacent private or public property.
(8) To the extent feasible, backflush water or water from pool drainage shall be directed onto the owner's property or into approved public drainage ways. Water shall not drain onto adjacent or nearby private land.
(9) 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 10 feet to any lot line.
(10) Lighting for the pool shall be directed toward the pool and not toward adjacent property.
(11) A structure or safety fence of a non-climbable type at least 5 feet in height with self-closing and self-latching gate ,shall completely enclose the pool, for any pool having a capacity of over 3,000 gallons or with a depth of over 2-1/2 feet, but shall not be located within any required setback areas.
(a) Exception. A pool cover or other protective device approved by the city building inspector shall be an acceptable enclosure so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the gate and latch described above and is in compliance with the American Society for Testing and Materials (ASTM) standard F1346. The substitution with such a pool cover or other protective device shall be done by the issuance of a certificate of compliance and shall be considered an exception from the provision of division (11) of this section. The applicant shall submit a written request for the certificate of compliance which shall include the specifications of the proposed protective device to be installed. The certificate of compliance may include reasonable conditions including specific times of required closure, use, maintenance and management of the pool cover, etc.
(12) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type. Such water shall be subject to periodic inspection by the local health officer.
(13) All wiring, installation of heating units, grading, installation of pipes, and all other installations and construction shall be subject to inspection.
(14) Any proposed deviation from these standards and requirements shall require a variance in accordance with normal zoning procedures.
(Prior Code, Ch. 300 § 726.02)
(C) Multiple-family dwelling areas. Private swimming pools which are intended for and used by the occupants of a multiple-family dwelling and the guests of the occupants of the dwelling shall adhere to the following regulations:
(1) No part of the water surface of the swimming pool shall be less than 50 feet from any lot line.
(2) No pumps, filters, 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) The pool area shall be adequately fenced to prevent uncontrolled access from the street or adjacent property. Adequate screening, including but not limited to landscaping, shall be placed between the pool area and adjacent single-family district lot lines.
(4) All deck areas, adjacent patios, or other similar areas used in conjunction with the swimming pool shall be located at least 30 feet from any lot line in an adjacent single-family district.
(Prior Code, Ch. 300 § 726.03)
(D) In all zoning districts.
(1) All outdoor swimming pools existing and hereinafter constructed shall be completely enclosed by a safety fence or wall at least 5 feet in height, and same being installed within 3 weeks following the installation of the pool and before any water is allowed in the pool. All fence openings or points of entry into the pool area shall be equipped with self-closing and self-latching devices placed at the top of the gate or in a manner otherwise inaccessible to small children. Any openings between the fence bottom and the ground or other surface shall not exceed 4 inches. Existing pools not presently in compliance with this provision shall comply prior to any water being allowed in pool.
(2) Drainage of pools into public streets or other public drainage ways shall require written permission of the appropriate local public officials.
(Prior Code, Ch. 300 § 726.04) (Am. Ord. 2021-09, passed 12-21-2021)