All private swimming pools, both above the ground and in the ground, whirlpool spas, hot tubs and similar features that are capable of holding water at a depth of more than 30 inches are subject to the following standards:
(A) The pool, spa or hot tub shall not be operated as a business or private club except when allowed as a permitted home occupation.
(B) The pool, spa or hot tub including any related walks, paved areas or other structures, shall not be located in a front yard, and must be set back at least five feet from any property line.
(C) The pool, spa or hot tub, the rear yard or the entire property shall be enclosed by a wall or fence or combination thereof which is at least four feet tall with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children from the street or adjacent properties. A cover capable of being locked but not easily penetrated when the subject is not in use may be substituted for fencing.
(D) If the only access to a pool, spa or hot tub is through a principal or accessory structure, all points of access shall be made lockable.
(E) Required fencing shall be of durable wood, masonry or metal, and shall be so designed as to discourage climbing. Building walls may contribute to enclosure requirements.
(F) In the case of above-ground pools, spas or hot tubs, sides that are vertical or slanted outward may contribute to required fencing, provided that all points of access are controlled to prevent access by children, including the removal of all ladders and/or stairs whenever the pool is not in use. A cover capable of being locked but not easily penetrated when the subject is not in use may be substituted for fencing.
(G) Any pool, spa or hot tub with drain must be equipped with anti-entrapment drain covers or related safety equipment.
(H) Existing pools, spas or hot tubs as defined by this chapter, shall comply with all provisions of this chapter within one year of the effective date of this chapter.
(Ord. 1040, passed 1-5-16)