(a) As used in this section, “private swimming pool” means any pool, pond, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one and one-half feet.
(b) No such swimming pool shall be allowed in a Residential District except as an accessory use and unless it complies with the following conditions:
(1) The pool is intended to be used solely for the enjoyment of the occupants and their nonpaying guests of the principal use of the property on which it is located.
(2) The pool shall not be located closer than ten feet to a property line. Such distance shall be measured from the water line. Accessory structures shall maintain the minimum side yard required. Walks or paved areas adjacent to the pool shall be considered as patios.
(Ord. 82-38. Passed 9-20-82.)
(3) A swimming pool shall not be located underneath or in close proximity to an overhanging electric power line.
(4) Fencing of swimming pools. A swimming pool, or the entire rear yard of the premises on which it is located, shall be walled or fenced to prevent uncontrolled access from the street, any right-of-way, or from adjacent properties. The required fence shall be a minimum of five feet in height and maintained in good condition with a self-locking gate. The maximum clearance of the fence from the ground shall not exceed four inches at any point.
(5) The pool is exempted from the provisions of this Zoning Code with regard to the requirement that building area be a certain percent of lot area, except that an above-ground pool shall not exceed 50% of the rear yard area. The pool area shall be measured from the water line at the maximum fill level.
(6) In the case of an above-ground swimming pool, the sides of the pool can serve as all or part of the fence height requirement, as long as any ladder or other device for scaling the fence to the swimming pool is blocked or removed to a position not allowing easy access to the swimming pool.
(7) Portable swimming pools 18 inches or less in depth or with a diameter less than 12 feet shall be exempt from the above fencing and permit requirements.
(8) Natural ponds, lakes, or streams shall not be considered swimming pools under this provision.
(Ord. 82-38. Passed 9-20-82; Ord. 04-58. Passed 11-1-04.)