(a) Definitions. For the purposes of this Zoning Code, swimming pools are defined and classified as follows:
(1) “Club Swimming Pool “ means a pool maintained and operated by a private club or a neighborhood association, incorporated as a nonprofit organization, for the exclusive use of a limited number of members and their guests.
(2) “Commercial Swimming Pool” means a pool operated for a profit and open to the public upon payment of a fee.
(3) “Portable Swimming Pool” means a swimming pool that is only capable of holding less than twenty-four inches of water, at the deepest point, and are nine feet or less in water surface diameter at the widest point, or less than sixty-five square feet in surface area.
(4) “Private Residential Swimming Pool” means a pool maintained for the sole use of a dwelling and guests, without charge for admission and located as an accessory use to a dwelling. Private residential swimming pools may also be permitted as part of a multifamily residential development.
(5) “Swimming Pool” means an artificial water pool of steel, masonry, concrete, aluminum or plastic construction located out of doors, which has a square foot water surface area of 300 square feet or more, or a depth at any point of more than two feet, or both, and includes any lounging and spectator areas and any accessory buildings, structures or equipment.
(b) Building Permit Required.
(1) Private residential swimming pool. A building permit shall be required for each private pool.
(2) Club swimming pool and commercial swimming pool.
A. A conditional use permit shall be required for any club swimming pool or commercial swimming pool.
B. Conditional use permits shall be renewed each year for any commercial pool.
(3) Building permit requirements. A detailed site plan shall be submitted with each swimming pool permit application and conditional use permit application prior to any construction taking place. Building permit requirements for swimming pools are set forth in Chapter 1325 of the Codified Ordinances.
A. The construction, plumbing and electrical requirements, inspection and other safety facilities, shall be regulated by other ordinances and codes of the Municipality.
B. All permanent swimming pools two feet or more in depth or which has a square foot water surface area of 300 square feet or more shall require the issuance of a building permit.
C. All permanent club and commercial swimming pools, three feet or more in depth shall require approval by the State Board of Health.
(c) Private Residential Swimming Pool Regulations. No private residential swimming pool, exclusive of “portable swimming pools, blow-up, wading, and kiddie pools”, shall be allowed, except as an accessory use to a residential dwelling or multifamily development and unless it complies with all the following conditions and requirements:
(1) No swimming pool or related accessory building, structure, fencing, equipment or concrete deck area serving a swimming pool shall be located in any front yard or side yard area.
(2) Any swimming pool or related accessory building, structure, fencing, equipment or concrete deck area serving a swimming pool shall only be located in a rear yard and shall be setback a minimum of ten feet from any side yard or rear yard property line.
(3) A swimming pool is to be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.
(4) Barrier required.
A. Outdoor swimming pools, hot tubs and spas, containing water more than twenty-four inches in depth shall be completely surrounded by a fence or structural barrier at least forty-eight inches in height above the finished ground level measured on the outside of the structural barrier.
B. Effective means must be provided to deny access to the pool, spa or hot tub when not in use or a responsible person is not in attendance.
C. No existing swimming pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
D. Gates and doors in such structural barriers shall be self-closing and self-latching. Where the self-latching device is less than fifty-four inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost.
E. Where an above-ground pool structure is used as a structural barrier or where the structural barrier is mounted on the top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall be surrounded by a structural barrier or shall be capable of being secured, locked or removed to prevent access.
F. Where a wall of a dwelling serves as part of the structural barrier, all doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of thirty seconds immediately after the door is opened and be capable of being heard throughout the house during normal household activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means, such as a touchpad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for not more than fifteen seconds. The deactivation switch(es) shall be located at least fifty-four inches(54") above the threshold of the door.
G. Every swimming pool, including existing pools, shall be completely enclosed by a fence or other permissible barrier of sturdy construction, the top of which shall not be less than forty-eight inches (four feet) above the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such barrier.
H. Pools, spas or hot tubs which use a safety cover for a structural barrier shall comply with the American Society for Testing and Materials - F 1346 Performance Specification for safety covers.
(5) Spas, hot tubs, and similar water recreational devices.
A. Spas, Hot Tubs, and Similar Water Recreational Devices, having a span of nine feet or less at the widest point, shall be locked with a top specifically made from the manufacturer of the spas or hot tubs, in lieu of a fence, whenever not in the immediate supervision of a responsible adult.
B. Spas, hot tubs, and similar water recreational devices. Spas / Hot tubs having a span greater than nine feet at any point, shall be considered a private residential swimming pool and must adhere to the swimming pool guidelines contained in this chapter.
(6) Portable, blow-up, wading or kiddie pools. Portable, blow-up, wading or kiddie pools hereinafter referred to as “portable pools” shall meet all of the following requirements.
A. Portable pools that are only capable of holding less than twenty-four inches at the deepest point, and are nine feet or less in water surface diameter at the widest point, or less than sixty-five square feet in surface area.
B. Portable pools that are not erected, whether containing water or not, on one’s property, when not wholly enclosed inside of a building, except for between and including the dates of May 1 through September 30 of the same calendar year.
C. Portable pools shall not create any safety or health hazards. It is solely the responsibility of the property owner that these types of pools are not a safety hazard or do not become a health hazard.
D. Portable pools are not permitted in front yards.
E. Water recirculating system or involve structural materials shall not be utilized.
F. Portable pools may be required to be removed or required to adhere to the swimming pool regulations if all criteria are not met as determined by the Building Commissioner.
G. No swimming pool permit shall be required for a portable pool.
(d) Club Swimming Pools.
(1) A club swimming pool may be located in a residential zoning district, provided that the lot on which it is located is at least three acres in area and access to it is provided only from a major arterial or from a collector street.
(2) The swimming pool, accessory buildings, structures and equipment shall be located at least seventy-five feet from any adjoining residential lot line.
(3) The premises or area occupied by the swimming pool shall be fenced and lighting fixtures shall be designed and located in accordance with this section.
(e) Commercial Swimming Pools. Commercial swimming pools may be located in a Planned Mixed Use zoning district as a component of a larger, comprehensively planned development project subject to the club swimming pool regulations found set forth in this section. The Planning Commission may impose additional regulations during the reviewing of the PMU development plans.
(Ord. 2022-24. Passed 5-24-22.)