A "private residential swimming pool" means any indoor or outdoor structure, chamber or tank located at a private dwelling housing no more than three families and used exclusively by the residents and their nonpaying guests for swimming, diving or bathing. These regulations shall not be applicable to any such pool less than eighteen inches deep or having a surface area less than 100 square feet, except when such pools are permanently equipped with a water-recirculating system or involve structural materials. Private residential swimming pools are permitted in all residential districts.
(a) The private swimming pool is an accessory use, incidental to a residential use and is to be used solely for enjoyment of the occupants thereof and their nonbusiness invitees. A permit from the Inspection Division is required prior to construction of a private swimming pool. A diagram reflecting the fences or alternatives shall be submitted with the application for such permit.
(b) (1) The edge of the water on a private swimming pool shall not be located closer than five feet to any property line of the property on which it is located.
(2) Private swimming pools with areas in excess of 800 square feet shall have a side yard setback of not less than ten percent (10%) of the width of such lot, with a maximum setback of fifty feet.
(c) The water's edge of a private swimming pool which has less than 800 square feet of area shall not be closer than ten feet to the main dwelling.
(d) (1) All private swimming pools shall be completely surrounded by a fence not less than forty-eight inches in height in all districts. Such fence shall be located not less than three feet from the edge of such pool and shall be constructed so the horizontal members are on the pool side of the enclosure and vertical members, other than supporting members, shall not be spaced more than one and three-fourths inches apart. All outside fence openings or points of entry shall be provided with self-closing and self-latching devices or be otherwise firmly secured and locked. The provisions shall not apply if the yard in which a private swimming pool is located is enclosed with fence meeting the requirements hereof.
(2) Lockable lids for pools 100 square feet and under will be acceptable.
(3) The selection and appropriateness of fencing or marking of private swimming pools in districts shall be subject to review and approval as part of the site plan review authorized in Chapter 1127.
(Ord. 188-1996. Passed 11-18-96.)
A "public swimming pool" means any indoor or outdoor structure, chamber or tank containing a body of water for swimming, diving or bathing that is intended to be used collectively for swimming, diving or bathing and is operated by any person whether as the owner, lessee, operator, licensee or concessionaire, regardless of whether or not a fee is charged for use, but does not mean any public bathing area, private residential swimming pool or any structure, chamber or tank that is easily portable when empty with a capacity of no more than 150 gallons. A public swimming pool is permitted in residential districts and open space districts as a conditional use and C-1, C-2, P.U.D. and C-M districts.
(a) The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than thirty feet to any property line of the property on which located.
(b) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. The fence or wall shall be not less than six feet in height and maintained in good condition. Such fence shall be constructed so as to be firmly affixed in the ground to prevent the penetration through or under the same by any person. All horizontal members shall be constructed on the pool side of the enclosure and vertical members other than supporting members, shall not be spaced more than one and three-fourths inches apart. Further, all outside fence openings or points of entry into the swimming pool area shall be provided with self-closing and self-latching devices or be otherwise firmly secured and locked and shall be so maintained during all times when the swimming pool is not in active use or supervised.
(Ord. 188-1996. Passed 11-18-96.)
(Ord. 188-1996. Passed 11-18-96.)
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