(a) No swimming pool, exclusive of portable swimming pools with a diameter less than twelve feet or with an area of less than one hundred square feet, shall be allowed in any B or R District except as an accessory use and in compliance with the following conditions and requirements:
(1) Application: The application for a permit to erect a swimming pool shall include the name of the owner, the manner of supervision of the pool, a plot plan and location of adjacent buildings, fencing, gates and other detailed information affecting construction and safety measures as may be deemed necessary by the Zoning Administrator.
(2) Pool locations: Pools shall be located as follows:
A. In ground swimming pools shall not be less than eight feet from the rear property line and eight feet from the house and the side yard set back shall comply with the set back requirements of the district in which such pool is located.
B. Above ground swimming pools shall not be less than eight feet from the rear property line and five feet from the house and the side yard set backs shall comply with the set back requirements in the district in which such pool is located.
(Ord. 2002-3. Passed 4-15-02.)
(3) Fence: All swimming pools now or hereafter constructed outside of a building shall be enclosed by a fence extending from the ground to a point at least four feet above any ground, or at least four feet above any climbable stationary object within three feet of the fence; gates shall meet the requirements for fence construction, shall be self-closing, self-latching and equipped with a latch capable of securely holding the gate closed and mounted on the inside of the gate, not readily available for children to open.
Such fence shall be one of the following types:
A. Chain link fences with mesh not exceeding two and one quarter inches;
B. Vertical board or pole fences with boards or poles spaced not greater than two inches and all horizontal members shall be on the pool side of the fence;
C. Solid fences having a flush exterior;
This section shall not apply to above ground pools having a four foot solid non-climbable wall if such pool has fold-a-way or detachable steps, provided such steps are raised or removed when the pool is not in actual use.
(4) Sanitation: Any swimming pool shall not be used unless adequate public health measures are periodically taken to insure that the use thereof will not cause the spread of disease. The swimming pool shall be kept clean and the water used therein shall be filtered and sterilized by chlorination. Sanitation standards are now or any time adopted by the State Department of Health or the County Health Department to protect the public health are adopted and made part of this Zoning Code.
(b) Any hot tub or spa included within the definition of "swimming pool" and having a diameter of twelve feet or less, or having an area of one hundred square feet or less, shall be securely covered when not in use.
(Ord. 1989-81. Passed 1-2-90.)