1289.05 SWIMMING POOLS AND HOT TUBS.
   Swimming pools and hot tubs are permitted subject to the following conditions:
   (a)   Permits. All applicable zoning, building and electrical permits shall be obtained prior to installation of a swimming pool or hot tub.
   (b)   Location. Swimming pools and hot tubs shall be located at least ten feet from any property line, measured from the edge of the water line (any surrounding walkways or decks shall be considered accessory structures and must be located at least five feet from all property lines), and be located in the rear yard of the property. However, on a corner lot a swimming pool or hot tub may be erected to the rear of the principal building in a corner side yard, provided that all other setbacks are met.
   (c)   Hot Tubs and Spas. All hot tubs and spas shall be completely covered when not in use with a safety cover that complies with ASTM F 1346. In the event a proposed hot tub has more than 150 square feet of area on the water surface when filled to capacity, all fencing regulations for swimming pools shall apply.
   (d)   Electrical Lines. Prior to the installation of a pool or hot tub located near electrical lines, the property owner is encouraged to obtain approval for the proposed location of the pool or hot tub from DP&L or the applicable utility provider through a site survey of the property. At a minimum, swimming pools and hot tubs shall not be located underneath or within ten feet of any overhanging electrical power lines or within five feet of underground utility lines. If such lines are located within said distance of the proposed swimming pool or hot tub, such lines must be buried or relocated prior to the installation of the pool or hot tub.
   (e)   Securing a Swimming Pool. A swimming pool shall be secured with a barrier to prevent unauthorized access. The barrier shall consist of a fence installed in accordance with Section 1289.04 (g) or an automatic pool cover meeting the ASTM F 1346 standard, and all amendments thereto. Plywood, particle board, lattice, chicken wire, split rail, snow fence, and other un-secured or unsuitable materials, as deemed by the Development Department, are not permitted for use as a pool barrier.
(Ord. 6625. Passed 1-17-17; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2- 20; Ord. 6983. Passed 11-15-22.)