(A) Purpose. The purpose of this section is to have a pleasant physical environment and to protect the public and private property within the city by regulating the location, standards and maintenance of all swimming pools.
(B) Definitions.
KIDDIE POOL. Any temporary pool causing the retention of water to a depth of less than one and one-half feet in depth and less than 450 gallons in capacity.
SWIMMING POOL. Any permanent or temporary pool, tank, depression or excavation, in or above ground, or other structure, which shall cause the retention of water to a depth of two feet or greater and a capacity of 5,000 gallons or more, designed or used for swimming, wading or immersion purposes.
TEMPORARY POOL. Any SWIMMING or WADING POOL, including portable, storable or inflatable pools, designed or used for a consecutive time period of less than six months within a calendar year, and not permanently anchored or affixed in/to the ground or to a structure.
WADING POOL. Any permanent or temporary pool, tank, depression or excavation, in or above ground, or other structure, which shall cause the retention of water to a depth of less than two feet and a capacity of less than 5,000 gallons, designed or used for swimming, wading or immersion purposes.
(C) Building permit.
(1) Required. It shall be unlawful for any person to construct, inflate, place, alter or repair a swimming pool (as defined above) without first having secured a permit from the Building Official.
(2) Exception. Kiddie pools and wading pools (as defined above) shall be exempt from the requirement of a building permit; however kiddie and wading pools shall be subject to the provisions of this section.
(D) Location of swimming pools, wading pools, temporary pools and spas.
(1) Pools and spas shall not be located within the front yard or between the front of a principal structure and the adjacent road. Exception: One kiddie pool, setback at least ten feet from the front property line, may be allowed within the front yard.
(2) Pools and spas shall be setback at least ten feet from the side property line.
(3) Pools and spas shall be setback at least ten feet from the rear property line.
(4) Pools and spas shall not be located within any pathway, drainage and/or utility easement.
(5) Pools and spas shall be setback at least 20 feet from any septic tank/drainfield.
(6) Pools shall be setback at least six feet from any principal structure or frost footing.
(7) All off-season temporary pools shall be stored inside a permanent structure.
(E) Standards.
(1) In the case of in-ground 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.
(2) 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.
(3) To the extent feasible, back-flush water or water from pool drainage shall be directed onto the owner's property or into a public stormsewer/drainageway. Water shall not drain onto adjacent or nearby private land.
(4) The filter unit, pump, heating unit and other noise making mechanical equipment shall be located at least 25 feet from any adjacent or nearby residential structure and not closer than ten feet to any lot line.
(5) Lighting for the pool shall be directed toward the pool and not toward adjacent property.
(6) Pool fencing shall comply with the regulations stated in § 153.071, Fences, as it may be amended from time to time.
(7) Water in the pool shall be maintained in a suitable manner to avoid health hazards of any type.
(8) All wiring, installation of heating units, grading, installation pipes and all other installations and construction shall be subject to inspection.
(9) Any proposed deviation from these standards and requirements shall require a variance in accordance within normal zoning procedures.
(10) Backflow valves will be required on all fresh water intake valves to any permanent type swimming pools.
(Ord. 2006-196, passed 4-27-06; Am. Ord. 2011-247, passed 11-29-2011) Penalty, see § 10.99