Private pools shall be permitted as an accessory use in the rear yard only, in all districts except Business or Industrial Districts.
(A) General.
(1) Front yard prohibition. No swimming pool shall be located less than the required front yard setback from any front lot line.
(2) Setbacks. There shall be a minimum distance of not less than five feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall.
(3) Temporary pools. Inflatable/standing side pools are considered temporary. As such these pools are exempt from the zoning code. A removable ladder is required.
(B) In-ground swimming pools.
(1) Fencing. Access to all in-ground pools shall be restricted on all sides by an approved fence. The minimum height requirements for fences vary by type of pool and are as follows:
(a) Family pool - Three feet-six inches tall (42 inches).
(b) Private/public pools - Depth no less than six feet.
(2) Access. Access to all swimming pools shall be through a controlled gate or other structure. The height of the gate shall match the requirement for the fencing. All gates shall be of a self-close type with a latch not readily available to children, which is able to be securely locked.
(C) Above ground pools with permanent/rigid walls. Above ground pools are exempt from fencing requirements but not the access requirement. See division (B)(2) above of this section.
Example 1: an above ground pool has a deck next to it with stairs leading up to the top. The stairs must be secured via a gate that is self-closing and latching.
Example 2: an above ground pool has a ladder to get into the pool. The ladder must be removed when not in use.
(D) Approved fence required. An approved fence shall be constructed so that horizontal members are on the pool side of the enclosure and vertical members are not more than three and one-half inches apart. A building or existing wall may be used as part of such enclosure; however, all gates or door openings shall meet the requirements set forth in this section.
(Ord. O-2019-24, passed 9-9-2019)