(A) Permits and approval.
(1) This section applies only to private pools. Private pool means any swimming pool located on private, single-family residential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests.
(2) Swimming pool construction or above ground swimming pool (defined as any pool type structure that is deeper than 24 inches) erection in residential zoned areas will not begin until a building permit has been obtained. No pool may be used until the final inspection has been completed. The site plan for the pool must include the required approval from the local electric service provider.
(3) A site plan for the proposed pool must be submitted to the Town Administrator and a fee for issuance of a permit must be paid at that time. The site plan will be reviewed to ensure that the pool, the site and all matters pertaining thereto meet the requirements of this subchapter. Once all requirements have been met and fees paid, a permit will be issued for construction or erection of a pool.
(4) Any permit issued shall be valid for a period of six months from the date of issuance. If a pool has not been completed and received final inspection and approval within that time, then the applicant must begin the permit process again, including the payment of a new application fee.
(B) Requirements. A swimming pool may be constructed or erected and operated in conjunction with any principal use in a residential zoned area or permitted special use when:
(1) The pool is not located in any minimum yard space as required in each zoning district. Pools are not permitted in front yard areas or an area that is in front of any building line;
(2) A wall or fence to limit access to the pool must be built and maintained and shown in any plan submitted, including materials. The wall or fence must be not less than four feet high, constructed of a material that will not allow a four-inch sphere to pass through it and which shall have a self-latching gate at all entrances through the wall or fence. As an alternative to the construction of a wall or fence, there may be installed a power safety cover, operated by use of a key, that conforms to the specifications contained in ASTM F 1346-91 as issued by ASTM, Inc. (formerly known as the American Society for Testing and Materials), including any and all amendments and revisions thereto;
(3) All lighting must meet current building codes and be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so designed that direct rays from the lights shall not be visible from adjacent properties; and
(4) All specifications for the pool must meet state or federal regulations and rules.
(C) Maintenance.
(1) It shall be the duty and responsibility of the occupant and, if not the same person, the owner of the property to maintain the fence or cover in good condition at all times and to make the replacement or repairs as are needed to ensure the effectiveness of the barrier to access to the pool.
(2) The failure to place a fence, place a safety cover over a pool when not in active use, or maintain either a fence or safety cover in good repair so that same shall be effective in creating a barrier to entry to the poof shall be a violation of this subchapter and subject the occupant and, if not the same person, the owner, of the property to the penalties contained in this subchapter.
(D) Nuisance and enforcement.
(1) The failure to place a fence or safety cover over a pool as provided herein, or the failure to adequately maintain the fence or safety cover in good repair so same shall be effective in creating a barrier to entry into the pool, shall constitute a nuisance and shall subject the occupant and owner of the property to all provisions of the nuisance ordinances of the Town of Lakeside, including the right and authority of the town to seek and obtain injunctive relief, including mandatory injunctive relief, against the occupant and owner of the property in order to correct and remedy the nuisance condition. If action is required to be taken by the town to enforce this subchapter through court proceedings, the town may recover its attorney fees from the occupant and/or owner, or jointly and severally, as determined by the court.
(2) The failure of an occupant and/or owner to maintain the water in the pool in a healthful condition to the extent that same shall constitute a hazard to the health or welfare of surrounding property owners shall constitute a nuisance and shall subject the occupant and owner of the property to all provisions of the nuisance ordinances of the Town of Lakeside, including the right and authority of the town to seek and obtain injunctive relief, including mandatory injunctive relief, against the occupant and owner of the property in order to correct and remedy the nuisance condition. If action is required to be taken by the town to enforce this subchapter through court proceedings, the town may recover its attorney fees from the occupant and/or owner, or jointly and severally, as determined by the court.
(Ord. 313, passed 6-22-2010) Penalty, see § 150.99