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.)