§ 6.11.94. Swimming Pools

A.

Fencing

1.

Private nonresidential swimming pools shall be enclosed with a fence not less than four feet in height and may be of approved chain metal fencing which shall include equipping the fence with slats. Such fencing shall be equipped with self-closing and self-latching gate(s) and shall be designed so as to make the swimming pool inaccessible to children. Private residential swimming pool enclosures and barriers are governed by Section 424 of the Florida Building Code.

2.

Public swimming pools shall be enclosed with a fence not less than six (6) feet in height and shall be of approved chain metal fencing.

3.

The previous regulations shall apply to both in-ground and above-ground pools. Above-ground pools can exercise the option of not being fenced if they are four or more feet above ground, any stairs into the pool are retractable, and pool-operational apparatus such as pool pumps or heaters, cannot be conveniently used as makeshift stairs into the pool.

4.

Fencing shall not be required for waterfront yards.

B.

Required Placement for Pools With Screen Enclosures

1.

Swimming pools enclosed by a screen-meshed structure without a solid roof that is detached from the primary building shall be regulated as an accessory structure. Swimming pools enclosed by a screen-meshed structure without a solid roof that is attached to the primary building may intrude into required rear and side yards provided a minimum setback of three feet is provided. Such pools shall not intrude into required front yards except where a front yard functions as a rear yard and has no access to a street. In such cases, a minimum setback of three feet shall be required.

2.

Swimming pools enclosed by a screen mesh with a solid roof shall be considered a building. These can be either detached or attached to the main building. If attached, they may intrude a maximum of 13 feet into the required rear yard, provided a minimum setback of 10 feet is maintained in all cases, and they shall not intrude into the required side or front yards except as permitted below. If unattached, they must meet accessory structure requirements.

3.

On through lots, swimming pools enclosed by a screen mesh with a solid roof that is attached to the main building may intrude a maximum of 13 feet into the required front yard which functions as a rear yard, provided it has no direct access to a street and a minimum setback of 10 feet is maintained in all cases.

C.

Required Placement for Pools With No Enclosures

1.

A private pool may occupy required interior side and rear yards, but shall not occupy required front yards, except as described in (2) below, and are exempt from the provisions of 6.11.04.

2.

For corner lots, pools, surrounding decking and below-ground mechanical equipment shall be permitted within one front yard, which functions as a side yard, provided they are located no more than ten feet into the required front yard, as measured from the rear line of the front yard. In districts requiring side yards greater than ten feet, this permitted intrusion shall be increased up to a distance equal to said required side yard. In all cases, however, a minimum setback of ten feet shall be required. Above-ground mechanical equipment shall be located in accordance with Section 6.01.03.1.3 of this Code.

3.

For through lots, pools and their surrounding decking shall be permitted within the front yard which functions as a rear yard, provided that the pool is screened from the rear street by a fence, wall or hedge.

D.

Residential Swimming Pool Barrier Requirements

1.

The owner must ensure compliance with the Florida Building Code, Section 424.2.17. This provision regulates direct access from the residence to the pool.

(Ord. No. 02-13, § 2, 8-1-02; Ord. No. 06-34, § 2(Exh. A), 11-2-06; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 09-53, Item G, 6-11-09, eff. 10-1-09)