1252.29 SWIMMING POOLS, SPAS AND HOT TUBS.
   (a)   For the purposes of this Zoning Code, swimming pools, spas and hot tubs shall be defined and classified as follows:
      (1)   “Swimming pool or pool” means any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-ground swimming pools, hot tubs and spas.
      (2)   “Private swimming pool or private pool” means a swimming pool maintained for the sole use of a household and guests without charge for admission and located as an accessory use to a dwelling.
      (3)   “Club swimming pool or club pool” means a swimming pool operated by a private club or a neighborhood association incorporated as a nonprofit organization to maintain and operate it for the exclusive use of a limited number of members and their guests.
      (4)   “Commercial swimming pool or commercial pool” means a swimming pool operated for a profit and open to the public upon payment of a fee.
      (5)   “Hot tub” has the same meaning as swimming pool.
      (6)   “Spa, non-portable” has the same meaning as swimming pool.
   (b)   Swimming pools, hot tubs, portable spas and non-portable spas may be permitted and located in accordance with the following regulations:
      (1)   Private pools, hot tubs, and spas. Private pools, hot tubs, and spas may be located in a Residential District as an accessory use to a dwelling. The pool or accessory building, structures or other equipment shall not be located in a front or side yard and shall be not less than fifteen feet from any lot line. A spa or hot tub shall not be located in a front yard and may not encroach into a side yard beyond the existing structure or five (5) feet, whichever is greater.
Every swimming pool, hot tub and spa in the City shall be constructed and designed in accordance with this Section 1252.29 and Chapter 1458 of the Codified Ordinances.
Lighting fixtures shall be designed and located so as not to cast direct rays of excessive brightness upon adjoining residential lots and shall comply with Section 1458.09 of the Codified Ordinances. A compact hedge may also be required to insulate the pool, hot tub or spa from adjoining property.
      (2)    Club pools. A club pool may be located in any Residential District provided the location, area, design access, off-street parking and landscape treatment is approved by the Planning Commission.
      (3)    Commercial pools. Commercial pools may be located in any zoning district except residential, provided that all the regulations of this Zoning Code and other applicable laws, rules and regulations pertaining to club pools are complied with.
   (c)    All swimming pools, hot tubs and spas two feet in depth and over shall require the issuance of a building permit. All permanent club and commercial pools two feet in depth and over shall also require approval by the State Board of Health. A conditional use permit shall be required for each club pool in a Residential District and for each commercial pool. Conditional use permits shall be renewed each year for commercial pools.
   A detailed site plan shall be submitted with each application for a permit. Con struction, plumbing and electrical requirements, inspection and other safety facilities shall be regulated by other ordinances and codes of the City.
(Ord. 2012-085. Passed 9-17-12.)