Decorative pools greater than eighteen inches (18 in.) deep are permitted as a conditional use. Outdoor swimming pools are permitted as an accessory use and are regulated as follows:
(a) Private Swimming Pools.
No private swimming pool (“pool”), exclusive of portable swimming pools with a diameter less than twelve feet (12 ft.) or with an area of less than one hundred square feet (100 sq. ft.), shall be allowed in any commercial or residential district, except as an accessory use and unless it complies with the following conditions and requirements:
(1) Exclusive Private Use. The pool is intended and is to be used solely for the enjoyment of the occupants and their guests of the principal building of the property on which it is located.
(2) Distance Requirements. A pool may not be located closer than ten feet (10 ft.) to any property line, except in an R-District where that minimum distance shall be six feet (6 ft.). That distance shall be measured from the water’s edge and shall not restrict fences, ground level patios, pumps, and similar pool accessories not requiring separate permits. Pools, including above-ground pools, may not be located between the principal building and the road right-of-way.
(3) Elevated Decks. Elevated decks for above-ground pools shall not be located closer than ten feet (10') to the property line.
(4) Fencing. The swimming pool, or the entire property behind the front building on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties, unless sides of the pool are four feet (4 ft.) above existing and/or proposed grade. The fence or wall shall not be less than six feet (6 ft.) in height, shall be separate from the wall of the pool, and maintained in good condition with a gate and lock.
(5) Drainage. Adequate provisions for drainage shall be made subject to approval by the Municipal Engineer.
(6) Lighting. Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from the adjoining properties.
(7) Permit Required. Before construction commences, the petitioner shall obtain a zoning permit under Chapter 1117, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.
(b) Community and Club Swimming Pools.
Community and club swimming pools are permitted in any district that allows for outdoor recreation or club facilities and shall comply with the following conditions and requirements.
(1) The pool is intended solely for the enjoyment of the members, families, and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structure thereto, including the areas used by the bathers, shall not be closer than fifty feet (50 ft.) to any property line.
(3) The swimming pool and all of the area used by the bathers shall be walled or fenced to prevent uncontrolled access by children from the street or from adjacent properties. The fence or wall shall not be less than six feet (6 ft.) in height and maintained in good condition with locking gate(s).
(4) Before construction commences, the petitioner shall obtain a Zoning permit under Chapter 1117, a fence permit (where required), a swimming pool permit, and all permit fees shall be paid.