1134.14 SWIMMING POOLS FOR PRIVATE USE.

   No private swimming pool ("pool"), exclusive of portable swimming pools with a diameter less than twelve (12) feet or with an area of less than one hundred (100) square feet, shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:

   (a)    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. A pool will be considered an accessory use to the main structure.

   (b)    A pool may not be located closer than ten (10) feet to any property line, except in a R-l A District where that minimum distance shall be six (6) feet. That distance shall be measured from the water's edge and shall not restrict fences, ground level patios, pumps; and similar pool accessories not requiring separate permits.

   (c)    Elevated decks for above ground pools shall not be located closer than ten (10) feet to any property line.

   (d)    The swimming pool or the entire property behind the front building line on which it is located, shall be walled or fenced at the time of construction to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than forty-eight (48) inches in height, shall be separate from the wall of the pool and shall be maintained in good condition with a gate and lock. Additional regulations for swimming pool fencing are contained in Section 1323.04 of the Municipal Code of Rossford and all state and model codes adopted thereunder. Fencing is not required for above-ground or inflatable pools or other pools which have smooth, vertical side walls which exceed forty- eight (48) inches above grade, which have an automatic retractable ladder (where applicable), and which do not otherwise allow small children with a vertical reach of less than forty-eight (48) inches unsupervised access to the pool.

   (e)    Before construction commences, the petitioner shall obtain a zoning permit under Chapter 1102 (Enforcement and Administration), a fence permit (where required), a swimming pool permit under Chapter 1323, and an electrical permit under Chapter 1313, and all permit fees shall be paid.

   (f)    Pools, including above ground pools, may not be located in the front yard of the lot without a variance from the Board of Zoning Appeals.

      (Ord. 2008-06. Passed 4-14-08.)