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§ 150.067 LOCATION REQUIREMENTS.
   (A)   Prohibited area. No part of a swimming pool, hot tub, or spa shall be located closer than ten feet, as measured from the ground surface to any overhead or underground utility line of any type. For the purpose of determining the area in which no part of a swimming pool, hot tub, or spa can be constructed, the centerline of any overhead or underground utility line will be projected to the ground surface and the ten-foot prohibited area will be measured parallel and on both sides of the projected centerline.
   (B)   Prohibited within easements. No part of a swimming pool, hot tub, or spa shall be located within any private or public utility, drainage, or other easement.
   (C)   Setback requirements.
      (1)   R-1 and R-2 Districts. No part of a swimming pool, hot tub, or spa shall be located within ten feet of any side or rear lot line; nor within ten feet of any principal structure or frost footing. No swimming pool, hot tub, or spa may be located in the front yard of any property. The filter unit, pump, heating unit, and any other mechanical equipment shall be located not less than 25 feet from any adjacent or nearby neighboring residential structure dwelling and not closer than ten feet to any lot line.
      (2)   R-1A Districts. Swimming pools, hot tubs, or spas located in R-1A Districts shall comply with the setback requirements of Chapter 154.
      (3)   R-3 and R-4 Districts. No part of a swimming pool, hot tub, or spa shall be located within 50 feet of any side or rear lot line; nor within ten feet of any principal structure or frost footing. No swimming pool, hot tub, or spa shall be located in the front yard (as defined in Chapter 154) of any multiple dwelling. The filter unit, pump, heating unit, and any other mechanical equipment shall be located at least 50 feet from any adjacent or nearby residential structure and not closer than 40 feet to any lot line.
(Prior Code, § 150.052) (Ord. 2022-03, passed 5-24-2022) Penalty, see § 150.999
§ 150.068 SAFETY REQUIREMENTS.
   (A)   All pools, hot tubs, or spas shall be provided with required safeguards to prevent children from gaining uncontrollable access. A successful barrier shall be considered one which prevents a child from getting over, under, or through and keeps the child from gaining access to the pool, hot tub, or spa except when supervising adults are present. Permanent fences shall meet all requirements of § 150.087. Temporary fencing may be exempted from some of the requirements of § 150.087 upon approval of the City Manager or designee, but for a period of no more than the duration of the applicable permit, or 180 days, whichever is less.
      (1)   Safeguards shall include a fence at least six feet in height, unless exempted per § 150.068(C).
      (2)   Openings in the barrier (i.e., spaces between fence pickets, railing balusters, and the like) shall not allow passage of a four-inch sphere.
      (3)   All fence openings or points of entry into the enclosure area shall be equipped with a gate, and all gates must be equipped with self-closing and self-latching devices placed so as to be inaccessible to small children. The gates shall be locked at all times when the pool, hot tub, or spa is not in direct use.
   (B)   Suction outlets shall be designed and installed in accordance with ANSI/APSP-7.
   (C)   The following shall be considered fencing exemptions or modifications for spas, hot tubs, and certain above ground pools as specified:
      (1)   Exempted. Spas or hot tubs with a safety cover which comply with ASTM F1346 (per § 303 of the International Property Maintenance Code (2018) shall be exempted from any required fencing of this subchapter.
      (2)   Modified. Above ground pools with sides or attached fences which are four feet in height around the entire circumference, insurmountable, with an access ladder or steps capable of being secured, locked, removed, or otherwise protected to prevent access, shall require a fence of no less than four feet in height rather than the required six feet of division (A) above, while meeting all other safety fence requirements.
(Prior Code, § 150.053) (Ord. 2022-03, passed 5-24-2022) Penalty, see § 150.999
§ 150.069 LIGHTING REQUIREMENTS.
   Lighting used in connection with swimming pools must be adjusted in a manner as not to interfere with the reasonable use of adjacent property.
(Prior Code, § 150.054) Penalty, see § 150.999
§ 150.070 NOISE.
   Unreasonably loud noise in connection with the operation or use of a pool is prohibited.
(Prior Code, § 150.055) Penalty, see § 150.999
§ 150.071 INSPECTIONS.
   The County Health Inspector or City Manager or designee is authorized to conduct any inspections necessary to ensure compliance with all provisions of this subchapter and has the right of entry at any reasonable hour to the swimming pool for this purpose.
(Prior Code, § 150.056)
§ 150.072 EXISTING SWIMMING POOLS.
   No swimming pool, hot tub, or spa or any other structure erected in conjunction with a pool existing as of June 3, 1982, will be required to be moved so as to comply with the location requirements of § 150.067. All other requirements contained in this subchapter are applicable to existing swimming pools, and structures erected in conjunction with the pools.
(Prior Code, § 150.057)
§ 150.073 DISCHARGE OF POOL WATER.
   No person shall discharge or cause to be discharged into the municipal storm drain system any pool, hot tub, or spa water unless dechlorinated to less than one ppm of chlorine.
(Prior Code, § 150.058) Penalty, see § 150.999
FENCES
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