1286.01  PURPOSE.
   The purpose of this chapter is to provide requirements for the installation and siting of swimming pools.
   (a)   Swimming Pools.  A swimming pool as regulated by this chapter shall be any in-ground or above ground structure built to contain water for recreational purposes having a depth at any point greater than twenty-four inches.  The provisions of this chapter do not apply to swimming pools which are in a completely enclosed building.  For purposes of this chapter, hot tubs, lakes, streams, channels, ponds, storm water detention or retention basins are not swimming pools.
      (1)   Private pool.
         A.   A private pool is permitted in any district.  The pool shall be an accessory use and as such shall be used solely by the owner or occupants of the approved principal building.
         B.   Temporary pools, such as inflatable/metal frame pools installed and removed seasonally, are exempt from the zoning ordinance. However, temporary pools are still subject to the requirements of the Property Maintenance Code.
         C.   The pool may be located anywhere on the premises except in a required front yard, provided it shall not be located closer than ten feet to any property line, provided further that the pump and filter equipment shall be located not closer than eighteen feet to any property line.
      (2)   Public pool.  A public pool is permitted in those districts which permit outdoor recreational facilities.  Any pool not meeting the accessory use requirements of a private pool is a public pool.
   (b)   Barrier.
      (1)   Swimming pools shall be completely enclosed by a fence or physical barrier, which shall be a minimum of forty-eight inches in height.  The height shall be measured on the side of the barrier which faces away from the swimming pool.
      (2)   Where the top of the pool structure is above the ground level, such as an aboveground pool, the barrier may be built from ground level and the pool structure shall serve as a component of the barrier or mounted on top of the pool structure.  Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be four inches, measured on the side of the barrier which faces away from the swimming pool.
      (3)   When the pool structure is in-ground, the maximum vertical clearance between the ground and the bottom of the barrier shall be two inches, measured on the side of the barrier which faces away from the swimming pool.
      (4)   All gates or doors in a barrier surrounding an in-ground swimming pool shall be self-closing, self-latching and lockable.  When the release mechanism of the self-latching device is located less than fifty-four inches from the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches below the top of the gate, and the gate and barrier shall have no opening greater than one-half inch within eighteen inches of the release mechanism.
      (5)   On the side of the barrier facing away from the pool, the barrier shall be constructed without members that would create a ladder or otherwise permit or facilitate climbing up the barrier.  Openings in the barrier shall not allow passage of a four inch diameter sphere.
      (6)   Where the above ground pool structure is used as a barrier, or the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access, and shall not create an opening that allows the passage of a four inch diameter sphere.  Otherwise, the ladder or steps shall have a surround which complies with the barrier requirements above.  The ladder or steps shall be secured, locked, or removed when the pool is not in use.
      (7)   Electronic detection devices shall not be used in place of the barrier.
   (c)   Drainage.  There shall be adequate provision for drainage of water from the swimming pool so as not to adversely affect any adjacent property.
   (d)   Lighting.  Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from adjacent properties.
   (e)   Permit Required.  No person, firm or corporation shall construct or install a swimming pool or make any alteration to property without first obtaining a zoning certificate.
(Ord. 08-33.  Passed 5-4-09; Ord. 17-04.  Passed 4-17-17.)