No private residential swimming pool, exclusive of portable/blow-up/wading/kiddie pools, shall be allowed in any district, except as an accessory use and unless it complies with all the following conditions and requirements:
(A) The pool is to be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.
(B) The pool may not be located in the front yard or side yard area; nor, closer than five feet to a rear or side lot line.
(C) Every swimming pool, including existing pools, shall be completely enclosed by a fence or other permissible barrier of sturdy construction, the top of which shall not be less than 48 inches (four feet) above the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such barrier. Rails are not permitted in place of a wall or fence. Such fence or other barrier shall be of conventional design and each gate in it shall be provided with a self-closing, self-latching gate with secure lock and shall be kept locked at all times, unless such pool is under the immediate observation and supervision of a responsible person. The latch shall not be lower than 48 inches and located on the inside of the gate, not accessible to a small children. In the case of pools which are partially or completely above-ground, in lieu of a fence or other permissible barrier, the outside structure of the pool wall may constitute part of the conventional barrier but must have a permissible topper-barrier, so that the complete barrier, measured from the adjacent grade or the highest point of access to the pool, is not less than 72 inches or six feet. The steps or ladder can be designed to be secured, locked or removed to prevent access, or the steps or ladder can be surrounded by and completely enclosed by a fence or other permissible barrier with gate as stated above. Temporary, portable, blow-up and/or wading pools are excluded from this option.
(1) Spas, hot tubs, and similar water recreational devices, having a span of nine feet or less at the widest point, shall be locked with a top specifically made from the manufacturer of the spas or hot tubs, in lieu of a fence, whenever not in the immediate supervision of a responsible adult. Spas or hot tubs and similar water recreational devices having a span greater than nine feet at any point, shall be considered a swimming pool and must adhere to the swimming pool guidelines.
(2) No part of any barrier shall be located between the building setback line as established by this Zoning Code and the street on which the lot or parcel abuts.
(D) Required fencing and/or other permitted barriers must be in place within 24 hours after the swimming pool has been constructed or filled.
(E) Prior to the construction or erection of any private residential swimming pool, the applicant shall obtain a zoning permit under § 153.019, and all permit fees shall be paid.
(F) Portable, blow-up, wading or kiddie pools shall meet all of the following requirements:
(1) Pools that are only capable of holding 18 inches or one and one-half foot of water or less, at the deepest point, and are nine feet or less in water surface diameter at the widest point, or less than 65 square feet in surface area;
(2) Pools that are not erected, whether containing water or not, on one's property, when not wholly enclosed inside of a building, except for between and including the dates of May 1 through September 30 of the same calendar year;
(3) Shall not create any safety or health hazards. It is solely the responsibility of the property owner that these types of pools are not a safety hazard or do not become a health hazard;
(4) Portable, blow-up, wading or kiddie pools are not permitted in front yards;
(5) Water recirculating system or involve structural materials shall not be utilized; and
(6) It may be required to be removed or required to adhere to the swimming pool regulations if all criteria are not met as determined by the Zoning Enforcement Officer. No zoning permit required.
(Ord. 09-3306, passed 10-15-09)