For the purposes of this chapter, a pond includes any exterior artificial or man-made excavation, grading or enclosure containing or normally capable of containing water at a depth at any point greater than eighteen  inches. Reflection pools and decorative fountains are primarily constructed for their aesthetic value and not intended for swimming or wading.
   (a)    Ponds and reflection pools are permitted in C-2, M-1, M2, C-M and R-1 Districts as accessory uses with the following conditions:
      (1)    The pond or reflection pool is an accessory use, incidental to a primary use as set forth in the Zoning Code, and is to be used solely for the aesthetic enjoyment of the occupants thereof. A permit from the Building and Zoning Division is required prior to construction or excavation of a pond or reflection pool. A site plan including location, setbacks, depth and side slope, as well as any fencing or marking shall be submitted with the application for such permit.
   (b)    Ponds and reflections pools with areas in excess of 800 square feet shall have a side yard setback of not less than then percent (10%) of the width of such lot, with a maximum setback of fifty feet, measured to the toe of the slope.
   (c)    The water's edge of a pond or reflection pool shall not be closer than fifty feet to any septic system, well or leach field.
   (d)    The area surrounding a pond or reflection pool shall be graded not to exceed four feet in height on the front, back or sides so that it will not obstruct the view of the adjacent property owner. Any mounding shall have a ten foot setback, as well as a ten inch swale between the mound and the property line.
   (e)    (1)    A pond or reflection pool shall not adversely affect the drainage of an adjacent property.
      (2)    Any live field tile that is in the area where pond or reflection pool construction occurs, shall be realigned so that it functions as it did before construction began.
   (f)    Conformance with Lucas County Soil and Water Conservation District and United States Soil Conservation Service guidelines regarding side slopes, minimum surface area, depth and excavated soil piles, where applicable, is required.
   (g)    The toe of slope of a pond or reflection pool which has greater than 800 feet of area shall not be closer than fifty feet from the main occupiable building or dwelling.
   (h)    Fencing shall be required around all ponds and reflection pools located in R-1 districts.
      (1)    Ponds and reflection pools shall be protected by the erection and maintenance of a fence surrounding all areas thereof not less than forty-eight inches nor more than seventy-two inches  in height and of such design as to be firmly affixed in the ground to prevent the penetration through or under the same by any person.
      (2)    Further, 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.
   (i)    A post and life ring as set out in the Lucas County Soil and Water Conservation District Guidelines shall be installed and maintained in all R-1 districts.
   (j)    Ponds and reflection pools are prohibited as a source of water for home use.
      (Ord. 188-1996. Passed 11-18-96.)