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Heath City Zoning Code

CHAPTER 1197

Private Swimming Pools

1197.01 PURPOSE.

   The purpose of this section is to provide requirements for the installation and siting of both public and private swimming pools. These regulations shall not apply to swimming pools constructed within a completely enclosed building or storm water detention and storm water retention basins. (Ord. 21-2018. Passed 4-16-18.)

1197.02 DEFINITIONS.

   (a)   Public Swimming Pool - A public swimming pool is permitted in those districts which permit outdoor recreational facilities. Any pool not meeting the requirements of a private swimming pool is a public pool.
   (b)   Private Swimming Pool - A private pool is permitted in any district. A private pool shall be an accessory use and as such shall be used solely by the owner or occupants of the approved principal use of the property and their guests.
   (c)   Swimming Pool - Whether public or private, a swimming pool, as regulated herein, shall be any pool, pond, lake, hot tub, spa, or open tank, containing or normally capable of containing water with a minimum depth of two feet (24-inches) or greater that is constructed either in ground or above ground and is used for recreational purposes.
(Ord. 21-2018. Passed 4-16-18.)

1197.03 POOL LOCATION.

   The pool may be located anywhere on the premises except in required front yards, provided it shall not be located closer than ten feet to any property line of the property on which its located; provided further, that pump and filter installations shall be located not closer than twenty feet to any property line.
(Ord. 21-2018. Passed 4-16-18.)

1197.04 FENCING.

   (a)   Both public and private swimming pools shall be completely surrounded by a fence or wall not less than forty-eight inches (48") in height above the finished ground level as measured on the side of the fence or wall away from the pool. The fence or wall shall not be closer than ten feet (10') to the edge of the pool regardless of whether or not the pool is constructed in ground or above ground. The maximum vertical clearance between the ground and the bottom of the fence or wall shall be two inches (2") as measured on the side of the fence or wall which faces away from the swimming pool.
   (b)   All gates or doors used for ingress/egress to and from the pool area shall be self-closing, self-latching, and lockable. When the release mechanism of the self-latching device is located less than fifty-four inches (54") above the bottom of the gate, the release mechanism shall be located on the pool side of the gate at least three inches (3") below the top of the gate, and the gate, fence, or wall shall have no opening greater than one-half inch (1/2") within eighteen inches (18") of the release mechanism. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (6") from the gatepost. No existing fence or wall shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
   (c)   On the side of the fence or wall facing away from the pool, the fence or wall shall be constructed without members that would create a ladder or otherwise permit or facilitate climbing up the fence or wall. Openings in the fence or wall shall not allow passage of a four-inch (4") diameter sphere.
   (d)   Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
(Ord. 21-2018. Passed 4-16-18.)

1197.05 DRAINAGE.

   There shall be adequate provision for drainage of water from the swimming pool so as not to adversely affect any adjacent property. Adequate provision shall be reviewed and approved by the Heath Zoning Department.
(Ord. 21-2018. Passed 4-16-18.)

1197.06 LIGHTING.

   Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from adjacent properties.
(Ord. 21-2018. Passed 4-16-18.)

1197.07 PERMIT REQUIRED.

   No person, firm or corporation shall construct or install a swimming pool or make any alteration therein or in the appurtenances thereof without having first submitted an application and plans therefore to the Zoning Inspector and receiving a zoning permit.
(Ord. 21-2018. Passed 4-16-18.)