(a) Under this Zoning Ordinance a "private swimming pool" shall be defined as follows: Any pool, pond, lake or open tank, where swimming is normally permitted, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than one and one-half (1 ½) feet. No such swimming pool shall be allowed in any "R" District except as an Accessory Use and unless it complies 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) Such pool, including any walks or paved areas or accessory structures adjacent thereto shall not be located closer to the property line than authorized by the setback requirements of Section 1153.06(b) and (c) of the Zoning Ordinance and shall be at least ten (10) feet to the rear of the main building.
(3) Every swimming pool and the equipment and appurtenances thereof, or the entire property on which it is located, shall be completely walled or fenced so as to prevent uncontrolled access by children from the street or from adjacent properties. Such fences or walls shall meet the requirements of Section 1141.14(a)(1) of this Zoning Ordinance. A dwelling, house or accessory building may be used as part of such enclosure. Such fence or wall shall be not less than four (4) feet in height and maintained in good condition, with a gate and lock. All gates or doors opening through such enclosure shall be equipped with a lock and with a self-closing and self-latching device for keeping the gates or doors securely closed at all times when the pool is not in actual use or is unattended. Alternately, the swimming pool may be constructed or situated in such a way that there is no less than a four (4) feet barrier, deck, stiff side or other construction that is equivalent to a fence or barrier that has a four (4) foot height. (Examples include four (4) foot stiff sided above ground pools with the ladder removed and stored away from the pool when not in use or decks around above ground pools at least four (4) foot in height in which access is blocked in such a way that is equivalent to or greater than a four (4) foot high enclosure.)
(4) The swimming pool shall not be located under any electric lines or utility lines of any type. The movement of any such electric or utility lines in order to accommodate a swimming pool shall be at the expense of the property owner.
(b) No swimming pool shall be located within a residential side yard or front yard.
(c) The safety provisions of this section shall be applicable to all new pools thereafter constructed and shall apply to all existing pools. The owners of existing pools shall have sixty (60) days from the effective date of this section to comply with its provisions.
(d) Each homeowner will have twenty-one 21 days to install the proper fencing as required by this section.
(e) All hot tub covers must be equipped with a child-resistance locking device, so as to sufficiently prohibit a child from uncovering the hot tub.
(f) A permit, obtained from the City Administration, must be obtained prior to the installation of any new pool on a parcel contained in the City.
(g) The Police Department shall be permitted to cause a pool to be drained if the property owner has failed to comply with any provision herein.
(Ord. 17-20. Passed 7-9-20.)