1250.58 SWIMMING POOLS, DETENTION PONDS AND WATER GARDENS.
   (a)   Exempted Pools: All inflatable pools, kiddie pools, or those otherwise temporary in nature and which are seasonally erected and dismantled and not exceeding eighteen (18) inches in depth and/or a diameter of twelve (12) feet or less are exempt from the provisions of this Chapter. All hot tubs, whirlpools and similar devices shall meet all setback and other requirements of accessory uses.
   (b)   Swimming Pool Erection: All pools more than twenty (20) inches in depth shall be permitted as an accessory use. An application for a zoning permit shall be required to erect a swimming pool in the City of Perrysburg. Such application shall include the name of the owner and plans and specifications for the swimming pool, fence and other accessories.
   (c)   Location of Swimming Pools: Swimming pools, whirlpools, hot tubs or similar features shall be permitted in the rear yard or within the side yard if a variance is approved by the Board of Zoning Appeals (refer to definition of “lot, a corner” and “yards” in Section 1215.02).
In all cases, swimming pools shall maintain a minimum setback of five (5) feet from a property line to any deck or patio and of fifteen (15) feet to the water’s edge. In all cases, whirlpools, hot tubs or similar features shall maintain a minimum setback of five (5) feet from any property line. The allowable distance from a residence to the above features is subject to any applicable building codes. No such structures may be placed within recorded easements for any purpose.
      (1)   Water’s edge shall include any structures used to enter or exit the water that are located in or under the water at the water’s edge.
   (d)   Fencing: All swimming pools, ponds and water gardens in single family residential districts shall be completely enclosed by a fence or located in a yard which is completely enclosed by a fence of not less than four (4) feet in height for in-ground pools, nor more than seven (7) feet in height for above ground pools. Fencing shall be installed a minimum of four (4) feet from the outside wall of the swimming pool. Gates included in such fencing shall be self-latching with a lock. The requirement for fences around ponds or water gardens may be waived upon a finding that the pond has stable side slopes no steeper than three (3) horizontal feet to one (1) vertical foot, extending into the water to a depth of two (2) feet below the surface of the water at the lowest sustainable water level.
   (e)   Depth of Water Gardens: A water garden shall have a maximum depth of thirty-six (36) inches.
   (f)   Retention or Detention Ponds: All storm water retention or detention ponds in multiple residential dwelling, commercial, or industrial districts shall be designed in accordance with City engineering standards. Landscaping to screen such ponds may be required through site plan review.
   (g)   Code Compliance: All swimming pools shall comply with all building, electrical, plumbing and heating codes and regulations in effect in the City, County, State and Federal permits as applicable.
   (h)   Electrical Conductors and Wires: If electrical service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make arrangements with the utility involved for the relocation of such conductors or wires before a zoning permit shall be issued for the construction or installation of a swimming pool. Such relocation shall occur prior to using the pool. (Ord. 38-2021. Passed 7-6-21.)