Swimming Pool: A pool, pond, lake, open tank or any structure, whether “Public” or “Private”, not located within a completely enclosed building, and intended for swimming or recreational bathing; and could be equipped with a water recirculating system or involve structural materials. This includes in-ground, above-ground, and on-ground swimming pools. Spas, hot tubs, and the like (see definition), ornamental ponds or water features, developed as landscape design features where swimming is not intended and does not occur (see definitions), shall be excluded from this definition, but still require a zoning permit as set forth below. Portable/Blow-up/Wading/Kiddie Pools (see definition) may be excluded. Specific definitions are as follows:
a. Public swimming pool: means any indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, that is intended to be used collectively for swimming, diving, or bathing and is operated by any person whether as the owner, lessee, operator, licensee, or concessionaire, regardless of whether or not fee is charged for use, but does not mean any private residential swimming pool. Zoning permit required.
b. Private residential swimming pool: means any outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing located at a dwelling housing no more than three families and used exclusively by the residents and their nonpaying guests. This definition includes temporary, portable, blow-up and/or wading pools, unless specifically excluded as a “Portable/Blow-up/Wading/Kiddie Pool”, as defined herein. An accessory use. Zoning permit required.
c. Barrier: A fence, a wall, a building wall or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. Plywood, particle board, lattice, chicken wire, split rail, snow fence, and other unsecured or unsuitable materials, as deemed by the Zoning Official, are NOT permitted. Zoning permit required for newly constructed barrier.
d. Ornamental Pond: a pool, pond, lake, stream or open tank, not wholly enclosed inside of a building, where swimming, for human recreational use, is not intended and does not occur. The pool, pond, lake, stream or open tank, or any combination thereof, shall not cover more than one percent (1%) of the total square footage of the lot and will not be deeper than 3' at its deepest point. Ornamental ponds, as described above, with a depth greater than 18", shall not have a drop ratio greater than 3':1' and are required to have safety ledges installed every 12" of depth. See Exhibit “A”.
Ornamental ponds are required to have moving water as to prevent any hazards such as infestations or stagnant water to occur. Ornamental ponds are to be strictly decorative in use and shall only be located in the rear or side yard. *Still water or standing water not permitted. Zoning permit required.
e. Water Feature (Not an Ornamental Pond): 1.) a Statuary Fountain; 2.) Shallow water fountain not exceeding twelve (12") inches water depth; 3.) Water falls, Streams, etc. where the water is in a concealed container (not exceeding 50 gallons), below the ground level, or wholly enclosed in water feature; or any combination of the above mentioned; not in excess of six feet (6') in height at any given point, and not greater than two percent (2%) of the front yard’s total square footage. Water features are to be strictly decorative in use and shall not be located within 15' of any right of way. *Still water or standing water not permitted. Zoning permit required.
f. Portable/Blow-up/Wading/ Kiddie Pools: meet ALL of the following requirements; POOLS...
1.) that are only capable of holding eighteen inches (18") or one and one-half foot (1 ½ ‘) of water or less, at the deepest point, and are nine feet (9') or less in water surface diameter at the widest point, or less than sixty-five (65) square feet in surface area;
2.) that are not erected, whether containing water or not, on one’s property, when not wholly enclosed inside of a building, except for between and including the dates of May 1st through September 30th of the same calender year;
3.) Shall not create any safety or health hazards. It is solely the responsibility of the property owner that these types of pools are not a safety hazard or do not become a health hazard;
4.) Are not permitted in front yards;
5.) Are not equipped with a water recirculating system or involve structural materials.
6.) It may be required to be removed or required to adhere to the swimming pool regulations if all criteria are not met as determined by the Safety-Service Director or designee. No zoning permit required.
g. Public spa: means any public swimming pool that is typically operated as a smaller, higher temperature pool for recreational or non-medical uses. Zoning permit required.
h. Special use pool: means a public swimming pool containing flume slides, wave generating equipment, or other special features that necessitate different design and safety requirements. Special use pool does not include any water slide or wave generating pool at a public amusement area which is licensed and inspected by the Department of Agriculture, pursuant to Sections 1711.50 to 1711.57 of the Ohio Revised Code. Zoning permit required.
i. Spas, Hot Tubs, and the like: having a span of 9' or less at the widest point, shall be locked with a top specifically made from the manufacturer of the spa or tub whenever not in the immediate supervision of a responsible adult. Spas / Hot tubs and the like having a span greater than 9' at any point, shall be considered a swimming pool and must adhere to the swimming pool guidelines. Zoning permit required.
j. Large Ponds: See Section 1215.05 for definitions and requirements. Zoning permit required.
h. Topper - Barrier: A fence, a wall, or a combination thereof, on the top of the pool, which completely surrounds the above-ground or on ground swimming pool and obstructs access to the swimming pool. The maximum vertical clearance between the top of the pool and the bottom of the topper-barrier shall not exceed four inches (4"). See Exhibit “B”.
Plywood, particle board, chicken wire and other unsecured or unsuitable materials, as deemed by the Zoning Official, are NOT permitted.
Zoning permit required for newly constructed topper-barrier (to be the same as Barrier). 1215.04 PRIVATE RESIDENTIAL SWIMMING POOLS
No private residential swimming pool, exclusive of “Portable/Blow-up/Wading/Kiddie Pools”, shall be allowed in any district, except as an accessory use and unless it complies with all the following conditions and requirements:
(a) The pool is to be used solely for the enjoyment of the occupants and their guests of the principal use of the property on which it is located.
(b) The pool may not be located in the front yard area; nor, closer than five feet (5') to a rear or side lot line. (Ord. 44-91. Passed 11-25-91.)
(c) Every swimming pool, including existing pools, shall be completely enclosed by a fence or other permissible barrier of sturdy construction, the top of which shall not be less than 48" forty-eight inches (4 feet) above the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such barrier. Rails are not permitted in place of a wall or fence. Such fence or other barrier shall be of conventional design and each gate in it shall be provided with a self closing, self latching gate with secure lock and shall be kept locked at all times, unless such pool is under the immediate observation/supervision of a responsible person. The latch shall not be lower than 48 “ and located on the inside of the gate, not accessible to a small children.
In the case of pools which are partially or completely above-ground, in lieu of a fence or other permissible barrier, the outside structure of the pool wall may constitute part of the conventional barrier but must have a permissible topper-barrier , so that the complete barrier, measured from the adjacent grade or the highest point of access to the pool, is not less than 72 inches or six feet (6'). The steps or ladder can be designed to be secured, locked or removed to prevent access, or the steps or ladder can be surrounded by and completely enclosed by a fence or other permissible barrier with gate as stated above. See Exhibit “C”. Temporary, portable, blow-up and/or wading pools are excluded from this option.
Spas, Hot Tubs, and the like, having a span of 9' or less at the widest point, shall be locked with a top specifically made from the manufacturer of the spas or hot tubs, in lieu of a fence, whenever not in the immediate supervision of a responsible adult. Spas / Hot tubs and the like having a span greater than 9' at any point, shall be considered a swimming pool and must adhere to the swimming pool guidelines.
No part of any barrier shall be located between the building setback line as established by the Zoning Ordinance and the street on which the lot or parcel abuts.
(d) Required fencing and/or other permitted barrier must be in place within twenty-four hours after the swimming pool has been constructed or filled. (Ord. 35-94. Passed 10-11-94.)
(e) Prior to the construction or erection of a PRIVATE RESIDENTIAL SWIMMING POOL, the petitioner shall obtain a zoning permit under Chapter 1227, a fence permit, a swimming pool permit, and all permit/variance fees shall be paid.
1215.05 LARGE PONDS.
(1) Large Ponds shall be conditionally permitted in the R-A, R-1, R-2, R-3, PUD, I-1 and I-2 districts as a part of the overall design of a subdivision containing at least five (5) acres of land.
(2) Large Ponds shall be conditionally permitted in an industrial district as part of the overall design of an industrial plant or park containing at least three (3) acres.
(3) Minimum surface area shall be one half (½) acre. Maximum surface area shall not exceed twenty-five percent (25%) of the net acreage of the parcel.
(4) The side slope of a Large Pond shall be horizontal to vertical at a ratio of 3:1. The ratio shall be maintained to a minimum depth of seventeen (17) feet. Large Ponds that do not meet this ratio are required to be enclosed with a six (6) foot fence.
(5) To prevent adverse effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage from pond development, then diverted to suitable outlet or drainage ditch.
(1) A Large Pond shall have 100 feet minimum setback from any street right-of-way.
(2) Large Ponds on industrial parcels of five (5) acres or less shall have a side yard setback of not less than ten percent (10%) of the width of the parcel, with a minimum setback of twenty-five (25) feet.
(3) A Large Pond shall be located no closer than 100 feet to a septic tank or leach field.
(1) The refilling of an area which has been excavated for the development of a Large Pond shall be considered waste disposal and shall meet the requirements as set forth by the County Board of Health for solid waste disposal under 3734.05 O.R.C.
(d) Retention ponds and other ponds not specifically permitted above, may be permitted with the approval of the Planning Commission and subject to their requirements.