108-7-18 Swimming Pools

An outdoor, permanent, in ground swimming pool shall be permitted to the side or rear of a dwelling or private/public facility as an accessory use provided the requirements listed below are met. This section does not apply to outdoor, temporary, above ground pools. The location of the outdoor, permanent, in ground swimming pool or accessory machinery shall not be less than ten feet from any property line; however, if a zone requires a larger setback, the more restrictive requirement shall apply. Structures that enclose pool accessory machinery are permitted with the same setbacks required for other accessory buildings in the zone in which they are located. An outdoor, permanent, in ground swimming pool shall be completely enclosed by a substantial fence of not less than six feet in height, or by a power safety cover meeting the requirements of the International Building Codes. The term "substantial fence" shall mean any fence that will not allow normal passage by any person except through an otherwise locked gate. Lights used to illuminate the pool or its accessories shall be so arranged as to reflect the light away from adjoining premises. Natural swimming pools or swimming ponds using biological filtration systems may be approved as accessory uses. Alternative safety measures such as shallow shelves, gradual slopes, controlled access, or equivalent safety design may be approved in place of fencing where appropriate. Agricultural and irrigation ponds not designed primarily for swimming are exempt from this section. Accessory wellness amenities serving residents, guests, or agritourism uses shall be considered accessory uses and shall not be classified as commercial recreation unless operated as a primary use open to the general public for a fee.