(a) For the purpose of this section, a private swimming pool includes any artificial or man-made excavation, device, enclosure, grading or structure not located completely within an enclosed building containing or normally capable of containing water at a depth at any point greater than twenty-four inches including but not limited to pools, ponds, lakes, open tanks, basins, tubs, or reservoirs.
(b) Private swimming pools are permitted in residential and in the A-1 Agricultural Districts on the following conditions:
(1) The private swimming pool is an accessory use, incidental to a residential use and is to be used solely for the enjoyment of the occupants thereof and their non-business invitees. A permit from the Inspection Department is required prior to construction of a private swimming pool. A diagram reflecting the fences or alternatives shall be submitted with the application for such permit.
(2) Setbacks:
A. The edge of the water on a private swimming pool shall not be located closer than five feet to any property line of the property on which it is located.
B. Private swimming pools with areas in excess of 800 square feet shall have a side yard setback of not less than ten percent (10%) of the width of such lot, with the maximum setback of fifty feet.
(3) The water’s edge of a private swimming pool which does not have a plaster, concrete or similar containment structure to prevent groundwater from entering the water of the private swimming pool shall not be closer than 100 feet to any septic system, well or leach field.
(4) The area surrounding a private swimming pool shall be graded not to exceed four feet in height on the front or on the side view so that it will not obstruct the view of the adjacent property owner. Any mounding shall have a ten-foot setback as well as a ten-inch swale between the mound and the property line.
(5) Drainage:
A. A private swimming pool shall not adversely affect the drainage of an adjacent property.
B. Any live field tile that is in the area where private swimming pool construction occurs shall be realigned so that it functions as it did before construction started.
(6) Conformance with Lucas County Soil and Water Conservation District and United State Soil Conversation Service guidelines regarding side slopes, minimum surface area, depth and excavated soil piles, where applicable, is required.
(7) Setback:
A. The water’s edge of a private swimming pool which has less than 800 square feet of area shall not be closer than ten feet from the main dwelling, except hot tubs and Jacuzzi type spas with a minimum side edge height of thirty-six inches with a protective cover shall not be closer than five feet from the main dwelling.
B. The water’s edge of a private swimming pool which has greater than 800 square feet of area shall not be closer than fifty feet from the main dwelling.
(8) All private swimming pools which have plaster or similar containment structures and all other private swimming pools in R-2 Districts, with the exception of ponds (detention, retention or recreational) with a maximum side slope ratio of 3 to 1 and hot tubs and Jacuzzi type spas with a side edge height of thirty-six inches and a protective type cover, shall be fenced so as to prevent access from the street or adjacent properties. Such fence shall not be less than four feet in height and maintained in good condition.
(9) Except as provided in subsection (b)(8) hereof, all private swimming pools shall be marked or fenced as follows:
A. A four-foot fence enclosing the private swimming pool; or
B. A four-foot partial fence consisting of upright posts at all corners of the private swimming pools and every 100 feet along such side thereof, together with lateral supports from each of the posts extending at least seven feet in either direction; or
C. A combination of landscaping, mounds, shrubs and trees which enclose the private swimming pool; or
D. A post and life ring as set out in the Lucas County Soil and Water Conservation District guidelines; or
E. Any combination of subsection (b)(9)A. to D. hereof.
(10) The selection and appropriateness of fencing or marking of private swimming pools in R-3, R-4 and R-5 Districts shall be subject to review and approval as part of the site plan review authorized in Chapter 1151.
(Ord. 182-2006. Passed 12-11-06.)