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1363.02 LOCATION, AREA AND HEIGHT.
   (a)   No swimming pool, or part thereof, shall be located closer than ten feet to the side or rear line of the lot or parcel upon which it is situated, or closer to any street on which such lot or parcel abuts than a distance of ten feet greater than the building setback line as fixed by the Zoning Code. The area of the pool proper, exclusive of decks, walks and other appurtenances, shall not exceed ten percent of the area of the lot or parcel on which it is situated.
   (b)   The top of the walls, decks or walks of any swimming pool shall not extend more than twenty feet beyond the pool proper in each direction, except that where any side of the pool is less than twenty feet from any lot line, the difference between such distance and twenty feet shall be added to the required distance of the portion beyond the opposite side of the pool. In the event that, because of the unusual shape or grade of the lot, or the location or shape of the pool, the foregoing formula cannot be applied with reasonable results, the Building Official shall be empowered to fix the location of the pool site to be used in determining the maximum grade of the pool, in keeping with the results sought to be achieved by the formula. In the event of dissatisfaction by any interested party with the determination of the Building Official, an appeal may be taken to the Board of Zoning and Building Appeals.
   (c)   No lights, diving boards or other accessories shall project more than ten feet above the average grade of the pool site as determined under the provisions of this section.
(Ord. 32-67. Passed 5-22-67; Ord. 05-16. Passed 2-8-16.)
1363.03 FENCES. (REPEALED)
   (EDITOR’S NOTE: Section 1363.03 was repealed as part of the 2007 revision of these Codified Ordinances as directed by Ord. 90-06, passed 12-18-06)
1363.04 LIGHTS.
   All lights used for illuminating a swimming pool or the surrounding areas shall be so designed, located and installed as to confine the direct beams thereof to the lot or parcel on which the pool is located, and so as not to constitute a nuisance or undue annoyance to occupants of abutting property.
(Ord. 32-67. Passed 5-22-67.)
1363.05 DRAINAGE.
   Provision shall be made for drainage of a swimming pool into a public storm sewer where possible, or a sanitary sewer, unless there is a ditch or natural watercourse of sufficient size and gradient adjacent to the pool location to carry off the water satisfactorily, in which case drainage may be into such ditch or watercourse. Permission must be obtained from the Public Service Director before the pool is drained in whole or in any substantial amount, in order to prevent overloading the sewer or ditch in times of heavy rain. In no case shall the pool be drained, directly or indirectly, into any street.
(Ord. 32-67. Passed 5-22-67.)
1363.06 PERMITS; FEES.
   No person shall locate, construct or install any swimming pool or make any changes therein or in the appurtenances thereof without having first submitted an application and plans therefor to, and having obtained a permit from the Building Official. The fee for such permit which shall be collected by the Building Official shall be fifty dollars ($50.00) for an above ground pool and hundred dollars ($100.00) for an in-ground pool. A separate electrical permit is required.
   The permit shall not be issued until the plans and specifications have been approved as to structural safety and compliance with this chapter by the Building Official, and the pool shall not be used until the construction thereof has been approved by the Building Official.
   Every commercial pool, including existing pools, shall have a permit and filtration system approved by the Board of Health.
   No person shall use, operate, repair or maintain any swimming pool in violation of any of the provisions of this chapter or of any lawful order of the Building Official, or in violation of any regulation of the Board of Health, or any order of the Health Commissioner issued pursuant thereto.
(Ord. 54-95. Passed 5-8-95; Ord. 123-04. Passed 12-18-04; Ord. 05-16. Passed 2-8-16.)
1363.07 APPLICATION OF CHAPTER.
   All provisions of this chapter shall apply to private or noncommercial swimming pools. The provisions of Sections 1363.03 to 1363.07, inclusive, and Section 1363.99 shall apply to all swimming pools.
(Ord. 32-67. Passed 5-22-67.)
1363.99 PENALTY.
   Whoever violates or does not comply with any provision of this chapter is guilty of a minor misdemeanor. Each day a violation exists shall constitute a separate offense.
(Ord. 32-67. Passed 5-22-67.)