1.   Definitions.

   A.   “Permanent” is defined as a pool that is installed or left up year round and winterized for continued use.

   B.   “Temporary” is defined as a pool that is taken down or dismantled during the winter months. Temporary pools with a depth of 24 inches or less are exempt from this section.

2.   Swimming pools intended for private use by persons that reside on the property or their guests are permitted, provided the following conditions are met:

   A.   Setbacks for Temporary and Permanent Pools.

      (1)   Residential Zones.

         a.   The use must be set back a minimum of 10 feet from any side or rear lot line.

         b.   The use my not be located in the front yard unless the use is set back at least 40 feet from the front property line.

      (2)   Non-Residential Zones.

         a.   In non-residential zones, the use must be set back a minimum of 10 feet from any side, rear, or front property line, unless the property on which the use is located is directly abutting or across the street from a property zones residential. In the case of such an adjacency, the use must comply with the setback requirements for residential zones.

   B.   Permit Required.

      (1)   Permanent (in-ground) pools with a depth of 24 inches or more, require a permit.

   C.   Fence Requirement for Permanent Pools Only. Swimming pools with a depth of 24 inches or more and the edge of which is less than four feet above grade, must be completely enclosed by a fence according to the following specifications:

      (1)   The fence must be at least four feet in height and must be constructed so that a sphere, five inches in diameter, cannot pass through the fence.

      (2)   A principal or accessory building may be used as part of the enclosure.

      (3)   All gates and doors opening through the enclosure must be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in use, except the door of any building which forms a part of the enclosure need not be so equipped.

      (4)   The building official may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute device or structure is not less than the protection afforded by an enclosure built to the specifications of this paragraph.