§ 27-290.3. Swimming pools.

Swimming pools, both aboveground and below ground, are permitted as accessory structures to residential or nonresidential structures, provided that the following requirements are met. Similar structures such as spas shall also meet these requirements.

(1)

Location. Swimming pools may be located within side or rear yards, but shall not be allowed in front or corner yards, as follows:

a.

In-ground (pool deck and water level designed to be at or within twelve (12) inches of the finished grade) swimming pools shall be located a minimum of five (5) feet from any side or rear lot line and no closer to the corner lot line than the corner yard setback, established in section 27-156 Table 4-2 , for the underlying zoning district as measured from the water's edge.

b.

Above-ground pools or pools designed within a retaining wall or having an elevated deck (over twelve (12) inches above finish grade) must meet the required setbacks for principal structures as established in the underlying zoning district. The setback is measured from the property line to the edge of the pool, elevated deck or retaining wall which ever is closer to the property line.

c.

Pools (pool deck and water level designed to be at or within thirty-six (36) inches of the finished grade) may be located in rear yards of waterfront lots and shall be setback a minimum of five (5) feet from the rear property line, mean high water line, or seawall, which ever is more restrictive, as measured from the water's edge of the pool.

d.

Hot tubs and associated decks (deck and water level designed to be at or within thirty-six (36) inches of the finished grade) shall be setback a minimum of three (3) feet from the side and rear property line, however, shall be limited to four hundred (400) total square feet in area.

(2)

Required pool enclosures. All swimming pools and spas for all uses shall be enclosed with a fence, barrier, or screen enclosure that complies with all local, state, and federal regulations. The use of self-latching gates or similar locking/security mechanism shall also be required. The utilization of fencing to enclose the pool or spa must also comply with section 27-290.1, Fence and wall regulations. A screened cage may be installed instead of or in addition to a fence or wall, provided the screen cage meets the protection requirements cited herein and meets the dimensional requirements set forth in section 27-290.5, Screen enclosures.

(3)

Pool equipment and accessory structures. Pool equipment and accessory structures, such as cabanas and pool houses, shall be permitted in compliance with the regulations described in section 27-290, Accessory structures, except that pool equipment is not required to have a ten-foot separation from the principal structure. Accessory structures may be connected to the principal structure by a screen enclosure provided the required separation between the principal and accessory structure is met.

(Ord. No. 9322-A, § 41(43A-81), 7-24-86; Ord. No. 88-301, § 36, 9-29-88; Ord. No. 89-153, §§ 6, 7, 7-6-89; Ord. No. 91-112, §43, 6-27-91; Ord. No. 2002-265, § 5, 12-5-02; Ord. No. 2006-169, § 11, 7-13-06)