(a) Defined types. As used in this Zoning Code, “swimming pool” means a permanently constructed or portable water-filled enclosure, having a depth of more than 18 inches below the level of the surrounding land or an above surface enclosure having a depth of more than 30 inches, designed, used and maintained for swimming or bathing purposes. A swimming pool may be of three types:
(1) Private. Exclusively for the use of the residents or tenants of the property and their guests, at no charge;
(2) Semipublic. A pool operated for profit; or
(3) Public. A pool operated for the use and benefit of the general public wherein a nominal admission fee may be charged, but only by the Municipality or a nonprofit corporation.
(b) Distance requirements.
(1) A private pool, if accessory to a residential use, may be located anywhere on the premises except in a required front yard, provided it is located not closer than ten feet to any property line of the property on which it is located, and provided, further, that pump and filter installations shall be located not closer than 15 feet to any property line.
(2) Semipublic and public pools shall conform to the building setback requirements of the district in which they are located.
(c) Fencing.
(1) Private pools. A private swimming pool shall be walled or fenced with a 60-inch minimum height barrier, and any gate giving access to the swimming pool shall be a minimum of 60 inches in height and have a self-closing, self-locking latch, all for the purpose of preventing uncontrolled access from the street or from adjacent properties.
(2) Semipublic and public pools. A semipublic or public pool shall be walled or fenced with an eight-foot minimum height barrier, and shall have a self-closing, self-locking latch, all for the purpose of preventing uncontrolled access from the street or from adjacent properties.. The barrier shall not exceed ten feet in any Residence District or 15 feet in a nonresidential district.
(d) Drainage. Adequate provisions for drainage shall be made, subject to approval by the Municipal Engineer, provided that all of the Municipal Engineer's fees shall be paid by the applicant.
(e) Lighting. Any lighting used to illuminate the pool area shall be so arranged to direct the light away from adjoining properties.
(f) Permits required. No person shall construct or install a swimming pool or make any alteration thereon or to the appurtenances thereof without submitting an application and plans therefor to the Building Commissioner and acquiring a permit before construction starts. Any semipublic or public pool which sells concessions shall obtain a permit from the County Health Department. Concessions may be sold in a noncommercial district only by conditional use permit approval. They shall be consumed onsite and shall only be sold to members and guests.
(g) Other requirements. Semipublic and public pools shall provide adequate parking and restroom facilities and shall meet other standards determined by the Building Commissioner to be necessary to ensure adequate safety and health.
(Ord. 17-2013, passed 9-24-2013)