(A) Single- and Two-Family Dwelling Units. In all districts where Single- and Two-Family Dwelling Units are permitted Uses, the following standards apply.
(1) A Certificate of Compliance shall be required for any swimming pool with a capacity of over 3,000 gallons or with a depth of over three and one-half feet of water.
(2) An application for a Certificate of Compliance shall include a site plan showing:
(a) The type and size of pool;
(b) Location of pool;
(c) Location of house, Garage, fencing and other improvements on the Lot;
(d) Location of Structures on all adjacent Lots;
(e) Location of filter unit, pump and writing indicating the type of such units;
(f) Location of back-flush and drainage outlets, grading plan, finished elevations and final treatment (decking, Landscaping, and the like) around the pool;
(g) Location of existing overhead and underground wiring, utility easements, trees, and similar features; and
(h) Location of any water heating unit.
(3) Pools shall not be located within 20 feet of any septic tank/drainfield nor within six feet of any Principal Structure or frost footing. Pools shall not be located within any required Front or Side Yard Setbacks.
(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 inground pools, the necessary precautions shall be taken during the construction, to:
(a) Avoid damage, hazards, or inconvenience to adjacent or nearby property; and
(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, back-flush water or water from pool drainage shall be directed onto the Owner’s property or into approved public drainageways. 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 ten 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 five feet in height shall completely enclose the pool, but shall not be located within any required Yard areas.
(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.
(B) 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 said 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, filter 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.
(C) In all Zoning Districts.
(1) Every Person owning land within the City upon which there is presently situated an above- or below-ground swimming pool or who constructs such a swimming pool after the effective date of the ordinance from which this section is derived, either of which has a capacity of 3,000 gallons and/or a depth of 42 inches or more of water, shall erect and maintain thereon an adequate enclosure surrounding the property or pool area, sufficient to make such body of water inaccessible to children. Such enclosure, including gates therein, shall be not less than five feet above the underlying ground. All gates shall be self-closing and self- latching with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to children. Said Fence shall be constructed in conformance with and subject to the state Building Code and approved and inspected by the City Building inspector. Existing pools not presently in compliance with this provisions shall comply prior to any water being allowed in the pool.
(2) Protective devices. 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 enclosure, 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 a Variance (not a zoning-type Variance) from the provision of subsection (a)(11)a of this section and a written request for the Certificate of Compliance and Variance shall be submitted to the City Clerk-Administrator.
(3) Drainage of pools into public Streets or other public drainageways shall require written permission of the appropriate local public officials.
Penalty, see § 157.999