(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 (24) 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 used as a dwelling 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 (5) feet to any property line of the property on which it is located, must be located in the rear yard, and may not occupy more than thirty percent (30%) of the area of the rear yard, measured from the rear property line to the main structure.
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 (50) 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 (4) 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 (10) foot setback as well as a ten (10) 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 (10) feet from the main dwelling, except hot tubs and whirlpool bath type spas with a minimum side edge height of thirty-six (36) inches with a protective cover shall not be closer than five (5) 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 (50) feet from the main dwelling.
(8) All private swimming pools which have plaster or similar containment structures and all other private swimming pools in any "R" District or any "A" District used as a dwelling, with the exception of ponds (detention, retention or recreational) with a maximum side slope ratio of 3 to 1 and hot tubs and whirlpool bath type spas with a side edge height of thirty-six (36) inches and an approved and labeled Safety Cover conforming to ASTM standard F1346-91, shall be fenced so as to prevent access from the street or adjacent properties. Such fence shall be a non-climbable permanent barrier, gates and doors shall be self-closing and self-latching, and not be less than four (4) feet in height and maintained in good condition. 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 (6) inches from the gatepost. Where the lock is operated by means of a key, an electronic opener, or the entry of a combination into an integral combination lock, the lock operation control and the latch release mechanism shall be located above the finished floor or ground surface in accordance with the following:
A. At public pools and/or spas, not less than thirty-eight (38) inches and not greater than forty-eight (48) inches.
B. At residential pools and/or spas, not less than fifty-four (54) inches.
C. At residential pools, where the only latch release mechanism of a self-latching device for a gate is located on the pool and/or spa side of the barrier, the release mechanism shall be located at a point that is at least three (3) inches below the top of the gate.
(9) Except as provided in subsection (b)(8) hereof, all private swimming pools shall be marked or fenced as follows:
A. A minimum of four (4) foot non-climbable permanent fence enclosing the private swimming pool; or
B. A four (4) foot permanent pool safety barrier consisting of compliant mesh fencing, upright posts and gates compliant with ASTM standard F2286-16;
C. No existing pool enclosure or fence shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
D. A post and life ring as set out in the Lucas County Soil and Water Conservation District guidelines for ponds or lakes;
E. Any combination of subsection (b)(9)A. and B. hereof.
F. Non-climbable pool enclosure or fence shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through, or under such barrier, constructed without foot or handholds or horizontal members on the exterior side that would make the pool enclosure or fence easy to climb. If the fence is chain-link, the maximum mesh size must not exceed one and one-fourth (1-1/4) inches. A larger mesh can be used if slats are inserted as long as it reduces the opening on either side of the slat to no more than one and three-fourths (1-3/4) inches.
(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.
(11) Required permits for all swimming pools and ponds, including Plumbing, HVAC, Electrical, Site Drainage, and permanent Fence, must be issued prior to installation of the pool or pond.
(Ord. 082-2024. Passed 5-13-24.)