§ 156.039 SWIMMING POOLS; REQUIREMENTS.
   (A)   Swimming pools.  
      (1)   It shall be unlawful to construct, maintain, install, or enlarge any swimming pool in the town except in compliance with all the provisions of this section.
      (2)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         PRIVATE POOLS. Pools restricted to occupants of the principal use of the property and guests for whom no admission or membership fees are charged. Only PRIVATE POOLS are permitted in residential districts.
         SWIMMING POOL. An outdoor structure designed as a receptacle for water, or an artificial pool of water having a depth at any point of more than two feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, whether the structure is built in-ground, aboveground, or a combination thereof. SWIMMING POOLS of a smaller size shall be deemed to be WADING POOLS and are not regulated under this section.
   (B)   Location. No portion of an outdoor swimming pool shall be located at a distance of less than ten feet from any side or rear property line, any principal structure, or building line and shall not encroach on a side or rear yard setback, or a dedicated easement, without obtaining a variance from the Board of Zoning Appeals. Swimming pools are prohibited in front yards. All pool appurtenances, such as decks, filtering equipment, or concrete pavement shall be similarly restricted to the requirements of this division, as it pertains to side and rear property lines and setbacks.
   (C)   Permit required. It shall be unlawful to proceed with the construction, installation, enlargement, or alteration of any swimming pool and appurtenances within the town unless a permit has first been obtained in accordance with the procedures set forth in this chapter.
(Ord. 23, §§ 2.60.10 - 2.60.14, passed 3-19-1997; Am. Ord. 41I, passed 2-15-2010; Am. Ord. 234, passed 5-13-2014) Penalty, see § 156.999