THINGS TO CONSIDER
Pool:
Any constructed or prefabricated structure either temporary (installed for a duration of less than
seven days) or permanent (installed for a duration of seven days or more), either above ground
or in-ground and containing or normally capable of containing water that is primarily for the
purpose of wading, swimming, or other recreational use. This definition excludes hot tubs, spas,
and ponds.
A one-time permit is required for storable pools provided that the pool is set up in the same
location each year.
DIVISION 9 - REGULATION OF POOLS, PONDS, AND SPAS
Sec. 13.529. - Purpose.
Regulation of pools, ponds, and spas are established to ensure that the establishment of pools,
ponds, and spas do not affect the safety, health, or welfare of the residents or the community
and do not annoy, disturb, injure, or endanger the comfort, repose, health, peace, or safety of
others.
Sec. 13.530. - Permit required.
No construction of a pool intended as a permanent installation, a pond, or spa shall begin unless
a permit has been obtained and the fee paid in accordance with the fee provisions of this
chapter. The application for such permit shall be accompanied by a site plan showing the size,
location, and description of the property.
Sec. 13.531. - Requirements.
(a) Setback. Permanent above-ground or in-ground pools, ponds, or spas shall maintain a
minimum front yard setback of 25 feet and a rear and side yard setback of ten feet from
adjoining property, subject to properly granted variance under subchapter 13.200,
Administration. In determining this setback for above-ground pools, ponds, or spas with
permanent fencing or decks, any deck or similar structure shall be considered part of the
pool, pond, or spa.
(b) Fencing. All pools, ponds, or spas requiring a permit shall be encompassed by fencing as
provided under this subsection. A variance to maximum fence height may be granted under
the procedures of subchapter 13.200, Administration. However, under no circumstance
may the minimum fence height requirements of this subsection be varied.
(1) Structural requirements. All fences under this subsection shall be constructed in such a
manner as to comply with the requirements of subchapter 13.521 or variance and the
requirements of this subsection.
a. The fence must be able to withstand 200 pounds of force in any direction.
b. The fence shall be so constructed and designed so as to prevent penetration of an
object greater than six inches in diameter.
c. All such fences shall be constructed with a locking door or gate which complies
with all other height and structural requirements of this section.
(2) Permanent in-ground pools, ponds, or spas. Permanent in-ground pools, ponds, or spas,
subject to section 13.521, shall be encompassed by a free-standing fence not less than