Private swimming pools, hot tubs, and similar facilities constructed in, on, or above the ground shall be permitted as an accessory in all zoning districts subject to the following.
(A) Exemption. The standards of this section shall not apply to permanent above or below ground swimming pools, wading pools, and portable pools with a diameter of less than 12 feet, a water surface area of less than 100 square feet, and a maximum water depth of less than two feet.
(B) All pools above ground or below ground and all hot tubs and spas are required to be protected with appropriate electrical devices such as GFCI's.
(C) Any pools connected directly to or having access from the home directly to the pool shall have an audible alarm on the doors that exit to the pool area.
(D) Private outdoor swimming pools, hot tubs, and similar facilities shall have the following.
(1) Yard limitations. The pool, hot tub, or similar facility shall be located in the rear yard.
(2) Setback requirements.
(a) Ten feet horizontally from the water's edge to all side and rear lot boundaries, and to the exterior wall of any adjacent principal building;
(b) Ten feet horizontally from the water's edge to any overhead electrical, cable, or telephone wires; and five feet horizontally to any underground utility leads or conduits, except for parts of the swimming pool system;
(c) Twenty-five feet horizontally from the water's edge to any water well, and ten feet horizontally to any septic tank, tile field, or other treatment facility, unless the County Health Department approves a shorter distance; and
(d) Three feet horizontally from the water's edge to any dedicated easement or right-of-way.
(3) Secured enclosure. To prevent unauthorized access and protect the general public, the pool, hot tub, or similar facility shall be secured and completely enclosed by a minimum four-foot and maximum six-foot high fence with a self closing and latching gate, subject to the following:
(a) Above-ground swimming pools with an overall height above grade of less than four feet shall be enclosed with an integral fence securely attached to the top rail of the swimming pool, provided that any ladder or steps shall be retractable or removable;
(b) Hot tubs and similar facilities may be secured with a lockable cover as an alternative to the fencing requirement; and
(c) The Building Official may waive the requirement for an enclosure around the pool area upon determining that the entire yard area is adequately fenced and secured against unauthorized access.
(4) Other requirements. Construction or alterations shall be subject to approval of a zoning permit and shall comply with all applicable provisions of the State Construction Code enforced by the city.
(Ord. 201, passed 5-15-2018)