For the purposes of this chapter, the following definitions shall apply:
(a) "Portable swimming pool" means any vessel or container which is designed for or used for holding water for wading purposes; which will not permit filling with water to a depth greater than two and one-half feet; and which may be dismantled and moved from one spot to another with the use of basic hand tools.
(b) "Non-portable swimming pool" means any artificial body of water, whether in ground or above ground that is supplied with water from a controlled source, is not completely enclosed within a building, and is capable of holding water exceeding two and one-half feet in depth at any point.
Portable swimming pools shall be considered to be a conforming use within any residential district and no zoning permit shall be required. Non-portable swimming pools may be allowed as an accessory use within any residential district provided that the following conditions shall be met:
(1) The pool is intended for and used solely for the enjoyment of the occupants and guests of the owners of the property on which it is located.
(2) The pool, including any decks, walkways, or accessory uses adjacent thereto, may not be located closer than six feet of the property line of the lot on which it is located.
(3) The pool shall be completely enclosed by a fence with a lockable gate or gates with a minimum height of five feet above grade. Above ground pools with a sidewall height of at least four feet and that have a ladder or other entry system that can be removed or secured in a manner that prohibits unauthorized access may not require the above fence if plans are approved by the Zoning Inspector.
(4) Swimming pools located on a corner or double frontage lot shall not be permitted to project beyond the minimum front yard setback on any adjacent streets.
(5) Swimming pools, including all decks, bath houses and other related accessory uses, shall be considered in computing the maximum percentage of lot coverage for Section 1133.01 of these regulations.