(a) A swimming pool, spa or hot tub shall be allowed as an accessory structure to a residential property provided that it complies with the following conditions and requirements:
(1) The swimming pool, spa or hot tub is intended and is to be used solely for the enjoyment of the occupants and guests of the property on which the swimming pool, spa or hot tub is located;
(2) The swimming pool, spa or hot tub shall not be located closer than ten feet to the rear and side property lines. No swimming pool, spa or hot tub shall be located closer than ten feet behind the required front yard setback;
(3) The swimming pool, spa, hot tub or the property on which it is located, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and door in such barriers shall be self-closing and self-latching. Where the self-latching device is less then 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. 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 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. The fence or wall must be erected prior to the initial filling of the swimming pool, spa or hot tub with water; and
(4) Lights, diving boards, slides, or other accessories shall not project more than ten feet above the average grade of the swimming pool, spa or hot tub site.
(b) The provisions of this section, except subsection (a)(2) hereof shall apply to all swimming pools, spas or hot tubs existing as of the effective date of this section.
(Ord. O-1265. Passed 5-22-07.)