§ 153.097 SWIMMING POOLS.
   (A)   Private swimming pools. Private swimming pools shall be allowed in any B or R District as an accessory use and shall comply with the following conditions and requirements:
      (1)   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;
      (2)   The pool or any accessory structure shall be located in the side or rear yard no closer than ten feet to any property line of the property on which it is located; and
      (3)   The swimming pool, or the entire property on which it is located, shall be so walled, fenced or covered so as to prevent uncontrolled access from the street or from adjacent properties. Such fence or wall shall be not less than four feet in height. All walls, fences or covers shall be maintained in good condition and be secured with a lock.
      (4)   In lieu of the requirements of division (A)(3) of this section for above ground pools, the side wall of the pool can act as the uncontrolled access means providing a minimum height of four feet above grade is maintained around the entire perimeter of the pool. Pool access ladders must be capable of being securely locked to prevent access to the pool from the ladder and be so locked when the pool is not in use.
   (B)   Community or club swimming pools. A community or club swimming pool shall be any pool constructed by an association of properly owners or by a private club. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
      (1)   The pool is intended solely for the enjoyment of the members and families and guests of members of the association or club under whose ownership or jurisdictions the pool is operated;
      (2)   The pool and accessory structures thereto, including the areas used by the bathers, shall not be closer than 100 feet to any property line of the property on which it is located; and
      (3)   The swimming pool and all of the area used by the bathers shall be so walled or fenced or covered as to prevent uncontrolled access from the street or adjacent properties. The said fence or wall shall not be less than six feet in height and maintained in good condition. All walls, fences or covers shall be maintained in good condition and be secured with a lock.
(Ord. O-38-2020, passed 12-14-2020; Ord. O-8-2023, passed 6-20-2023)