§ 4.6.15. Swimming pool, whirlpools, and spas.

(A)

Enclosures required for private pools. All private or family type pools, except those defined in (D) of this Section, shall be enclosed by fence or other enclosures so that the premises upon which the pool is located is enclosed from adjoining yards or property.

(B)

Prerequisite to approval; specifications.

(1)

No swimming pool final inspection and approval shall be given by the Building Department, unless there has been erected a safety barrier as hereinafter provided.

(2)

The safety barrier shall take the form of a screened-in patio, a wooden fence, a wire fence, a rock wall, concrete block wall, or other materials so as to enable the owner to blend the same with the style of architecture planned or in existence on the property. The safety barrier which shall not be less than 48 inches in height, shall be erected either around the swimming pool or around the premises on which the swimming pool is erected. In either event, it shall enclose the area entirely, prohibiting unrestrained admittance to the enclosed area, except that where the entire premises are fenced, and one side fronts on either the Intracoastal waterway, a finger canal, or the ocean, then no fence shall be required along that side fronting the water. All gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children; however, the door of any dwelling forming part of the enclosure hereinabove required need not be so equipped.

(C)

Responsibility for, plans to show compliance.

(1)

No person in possession of property within the city, either as owner, purchaser, lessee, tenant, or a licensee, upon which is presently situated a swimming pool or a family pool having a minimum depth of 24 inches as determined hereinabove shall fail to provide and maintain a fence or wall as herein provided.

(2)

No building permit shall be issued for the construction of a family pool unless there is clearly shown on the plans submitted to the City Building Official or on other construction specifications submitted to the City Building Official provisions to comply with this section

(D)

Modification of requirements by Commission.

(1)

The City Commission may make modification in individual cases, upon a showing of good cause with respect to the height, nature, or location of the fence, wall, gates, or latches, or the necessity therefor, or may permit other protective devices or structures in lieu thereof. In making these modifications or special exceptions, the City Commission shall be governed by the following standards: The purpose of the fencing requirement herein is to prevent small children from inadvertently wandering into family swimming pools.

(2)

The Commission realizes that there are locations within the city where an unfenced family pool would not create an obvious hazard. In these areas where, due to the nonexistence of a substantial number of small children, no obvious hazard exists, the City Commission may grant modifications or special exceptions and may even dispense with the requirement for fencing. All decisions shall be conditional and subject to revocation in the event circumstances or conditions change in the particular location.

(E)

Requirements not to affect other provisions of Code. Although the provisions of this section are limited in applicability, nothing contained herein shall diminish or otherwise abate the applicability, force, and effect of provisions which allow that a dangerous excavation in the earth may be considered a public nuisance under certain circumstances or any ordinances regulating the construction, use, or maintenance of swimming pools or family pools.

(F)

Exemption for commercial pools; insurance required. All pools connected with commercial ventures such as motels, and the like, within the city, and otherwise guarded or under surveillance by competent and responsible personnel shall not be covered by this Section. However, the owners of those operations shall be required to maintain adequate liability insurance policies covering those pools in an amount of not less than $100,000.00 through $300,000.00 coverage, if they choose not to erect a protective fence as described herein.

(G)

Yard encroachment.

(1)

Swimming pools, the tops of which are no higher than grade level, may extend into the rear, interior or street side setback areas but no closer than ten feet to any property line, except as provided in subsection (2) and (4) below. Swimming pools shall not extend into the front setback area noted in Section 4.3.4(K). [Amd. Ord. 24-04 5/18/04]; [Amd. Ord. 41-92 9/8/92]; [Amd. Ord. 13-91 2/26/91]

(2)

When adjacent to at least 50 feet of open space, as defined in Section 4.3.4(H)(5)(c) and (d), swimming pools at grade level may extend into the rear or interior side setback area but to no closer than five feet. [Amd. Ord. 24-04 5/18/04]; [Amd. Ord. 41-92 9/8/92]

(3)

Although swimming pools may extend into side and rear setback areas, a screened or other pool enclosure shall not be permitted to encroach into such setback areas except as provided in Section 4.3.4(H)(5)(b) and (e). [Amd. Ord. 24-04 5/18/04]; [Amd. Ord. 41-92 9/8/92]

(4)

When located in a zero lot line development, swimming pools at grade level may extend into the interior side setback but no closer than five feet from the property line. A swimming pool may also extend no closer than five feet from the rear property line in a zero lot line development except along the perimeter of the development where the rear setbacks noted in Section (G)(1) shall apply, except when adjacent to at least 50 feet of open space as provided in subsection (G)(2). [Amd. Ord. 24-04 5/18/04]

(5)

Swimming pools are prohibited in dedicated easements unless written approval of the easement holder is obtained and a hold harmless agreement is executed. [Amd. Ord. 24-04 5/18/04]