(A) A private swimming pool shall be any pool, 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, exclusive of portable swimming pools with a diameter less than 12 feet or with an area of less than 100 square feet, shall be allowed in any “A” or “R” District except as an accessory use and unless it complies with the following conditions and requirements:
(1) The pool is no greater than 1,200 square feet in surface area of water and no more than 12 feet in depth;
(2) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located;
(3) The pool, including any walks or paved areas or accessory structures adjacent thereto, shall not be constructed so as to extend into the required front or side yards, nor may it be located closer than ten feet to any property line of the property on which it is located;
(4) The swimming pool, or the entire property on which it is located, shall be so walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Said fence or wall shall be not less than four feet in height and shall be maintained in good condition with a gate and lock, with a latch on any gate on the inside thereof, preferably out of the reach of small children; and
(5) As an alternative to installing a separate fence or wall around an above ground pool, the wall of the pool and, if necessary, a railing built around the top of the pool wall to a height not less than four feet, may be considered the enclosure for the pool. All access ladders, stairs, or similar apparatus for this type of pool shall be removed when the pool is not in use or is left unattended.
(Ord. 1141, passed 9-1-1998)