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Sec. 117-349. - Accessory uses and buildings. <br />(a) Sport courts and other impervious surfaces must meet the minimum setbacks established for <br />accessory buildings in section 117-111 unless otherwise specified by this Code. <br />(b) Every commercial fishing pond shall be enclosed by a fence or wall not less than four feet high to <br />prevent uncontrolled access by small children. <br />(c) Swimming pools and spas (also see chapter 105, article 111). <br />(1) Setback requirements. <br />a. Swimming pools and spas shall be set back a minimum of ten feet from all adjoining lots. <br />For corner lots, swimming pools and spas shall meet the required side yard setback for <br />buildings in the applicable zoning district (section 117-111(d)). Swimming pools and spas <br />may not extend closer to the front lot line of the parcel than the principal structure located on <br />said parcel, except that on residential parcels of one acre or more in size, a swimming pool <br />or spa may be constructed closer to the front lot line than the principal structure, provided <br />that such swimming pool or spa can maintain a 200 -foot setback from the property line. <br />b. A swimming pool or spa may not be located closer than four feet to the principal structure <br />located on the parcel where the swimming pool or spa is to be constructed. <br />c. No swimming pool or spa may be constructed within 20 feet of any portion of an on-site <br />sewer system or any private water well. <br />d. No person shall build, construct, locate or install a swimming pool and walkway or spa within <br />any easement. <br />(2) Fencing. <br />a. Temporary fencing. During the construction of any in -ground swimming pool or spa, the <br />construction area must be secured with a portable fence which is not less than four feet in <br />height. <br />1. Temporary fencing shall be flush with the ground and securely anchored. <br />2. Supportive posts shall be placed no more than eight feet apart. <br />b. Permanent fencing. <br />1. All aboveground swimming pools that have a minimum side-wall height of four feet need <br />not be fenced, but shall have removable steps, which steps shall be removed when the <br />swimming pool is unattended. In the event that an accessory deck to the swimming pool <br />is constructed, which is adjacent to any part of the swimming pool, said deck shall <br />include, on its entire outside perimeter, a 36 -inch -high guard rail. The guard rail shall <br />be constructed so that no open space within it is wider than six inches. <br />2. All outdoor spas shall have either a fence as described in subsection (c)(2)b.1 of this <br />section, or a secured cover. <br />(3) Noise. <br />a. The swimming pool or spa shall be designed, constructed and sited in such a way as to limit <br />noise generated by its mechanical equipment, so as not to create a nuisance and/or affect <br />the reasonable use and enjoyment of adjacent property owners. <br />b. The swimming pool and/or spa shall be sited on the parcel so that its mechanical equipment, <br />including heating and filtering equipment, is located at least 30 feet from the inhabited portion <br />of neighboring residential structures. <br />(4) Pool walkway deck and deck drains. Unobstructed deck areas not less than 48 inches wide shall <br />be provided to extend entirely around each in -ground swimming pool. Swimming pool decks shall <br />be constructed above, but not more than nine inches above, the normal water line. The required <br />Page 1 <br />