1260.19  SWIMMING POOLS.
   (a)   For purposes of this Zoning Code, swimming pools shall be defined and classified as follows:
      (1)   "Swimming pool" means an open tank or other structure not located within a completely enclosed building and designed so as to contain at least three feet in depth of water at any point, including the lounging and spectator areas and any accessory buildings or structures or equipment.
      (2)   "Private swimming pool" means a pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.
      (3)   "Club swimming pool" means a pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.
      (4)   "Commercial swimming pool" means a pool operated for a profit and open to the public upon payment of a fee.
   (b)   Swimming pools may be permitted and located in accordance with the following:
      (1)   Private pools may be located in a Residential District as an accessory use to a dwelling.  The pool and any accessory buildings or structures or equipment shall not be located in a front or side yard and shall be not less than fifteen feet from any lot line.
         A.   Any pool more than ten feet across in horizontal measurement and/or more than thirty-six inches deep shall not be considered portable and must comply with fencing requirements.
         B.   If the fence is just around the pool area it must be at least five feet away from the pool.
         C.   All fences, whether immediately around the pool or the entire yard, whether new or existing, shall be four feet high and shall have an effective means of denying access to the area, such as a locked gate.
         D.   In the case of an above-the-ground pool, the walls of the pool above ground may be used as the lower portion of the four-foot high fence requirement.  The added upper portion must be of sturdy construction and shall comply with the requirements of Section 1482.06(a) of the Codified Ordinances.  Some effective means must be provided to deny access to the pool when the pool is not in use or a responsible person is not in attendance.  (Example:  Ladders must be removed and secured elsewhere; stairs must be raised and locked in the “up” position.)
         E.   All pools must be at least fifteen feet away from the residence, in the rear yard, and be fifteen feet away from property lines.  (A deck attached to a pool must meet the side and rear yard setback requirements of this Zoning Code for that zoning area.)
         F.   The swimming pool area of ground level pools, an area five feet beyond and surrounding elevated pools, or the entire rear property on which the pool is located, shall be enclosed within a permanent fence not less than four feet in height to prevent any access to the pool except from a controlled point.
         G.   Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots.  A compact hedge may also be required by the Planning Commission to insulate the pool from adjoining property.
      (2)   Club pools may be located in a Residential District if the lot on which they are located is not less than three acres in area and if access to it is provided only from a major arterial or collector street.  The pool and any accessory buildings or structures or equipment shall be located not less than seventy-five feet from any adjoining residential lot line.  At least one-half of an off-street parking space shall be provided for each member, located not less than twenty-five feet from any adjoining residential lot line and constructed as required in Section 1282.10.  The premises or area occupied by the pool shall be fenced, and lighting fixtures designed and located, as set forth under private pools.
      (3)   Commercial pools may be located in any zoning district except residential, provided that all the regulations of this Zoning Code pertaining to club pools are complied with.
   (c)   Permits.  A swimming pool permit shall be required for each private pool.  A conditional use permit shall be required for each club pool in a Residential District and each commercial pool.  Conditional use permits shall be renewed each year for commercial pools.  A detailed site plan shall be submitted with each application for a permit.  Construction, plumbing and electrical requirements, inspection  and other safety facilities shall be regulated by other ordinances and codes of the City.  All permanent pools three feet in depth and over shall require the issuance of a building permit.  All permanent club and commercial pools three feet in depth and over shall require the approval of the State Board of Health.
(Ord. 97-215.  Passed 4-21-98; Ord. 05-108. Passed 7-5-05.)