§ 153.076 SWIMMING POOLS.
   (A)   Any swimming pool containing 24 or more inches in depth of water and less than 5,000 gallons of water requires a pool permit.
   (B)   Any swimming pool containing 24 inches or more in depth of water and 5,000 or more gallons of water requires a building permit.
   (C)   Any property owner who has not previously been issued a pool permit or a building permit must apply for one to ensure compliance with this code.
      (1)   Once a permit has been issued, no further permitting is required if the pool is dismantled and stored as long as it is rebuilt in the approved location and is the same size.
      (2)   A new permit is required if the structure is altered in size and/or location.
   (D)   Swimming pools shall be a permitted accessory use in each district and those that are 24 or more inches in depth of water and less than 5,000 gallons of water are subject to the following standards and requirements:
      (1)   The pool shall be constructed at least ten feet from all property lines in all districts. In no case shall a pool be allowed in any portion of the required yard abutting a public right-of-way.
      (2)   (a)   If the yard is not already enclosed by a fence meeting the fence code outlined in § 153.049, a perimeter security fence meeting the following requirements shall be installed and maintained around the pool at all times:
            1.   Not less than four feet in height;
            2.   Not more than three inches off the ground;
            3.   A maximum three-inch spacing between the rails; and
            4.   Has a self-latching lockable gate.
         (b)   Yards containing hot tubs shall meet these fencing requirements or shall have a cover which shall be locked when the hot tub is not in use.
      (3)   A permanent fence shall be in place a minimum of 30 days after the pool is completed.
      (4)   No construction of fences or accessory buildings shall be placed on or over any public utilities, or on any easements.
      (5)   Failure to complete the swimming pool construction project within 12 months from approval of the zoning and building permits, the applicant shall be required to reapply.
(Ord. 583, passed 8-26-2019; Ord. 590, passed 4-12-2021)