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Commentary: In-ground and above-ground pools are subject to any applicable public health and building code requirements.

When allowed, in-ground and above-ground swimming pools that have a water depth over 24 inches and have a surface area of at least 100 square feet shall be subject to the following additional requirements:

A. Private Pools

Private swimming pools (as well as the decking and equipment associated with the pool) located on any residential lots with the exception of those described in paragraph B below, shall not be located between the street and the principal structure unless located to the rear of the primary structure, and shall not be closer than five feet to any property line.

B. Outdoor Community Pools, Private Club Pools, or Townhouse, Detached Rowhouse, Multiplex and Apartment Pools

1. Except for roof-top pools, outdoor pools including decking shall be located at least 100 feet from any property line adjacent to a single-family residential district or use. For purposes of this paragraph, a district or use that is across a public right-of-way shall not be considered adjacent.

2. When the pool is adjacent to off-site residences, the playing of music detectable off-site on a public address system is prohibited. Informational announcements shall be permitted. This requirement shall not apply when a permit has been issued for a special event.

3. All outdoor pools shall be enclosed by a fence. The exterior walls of buildings can be incorporated as a portion of the fence to create a fully enclosed area around the pool.

a. All fence points of ingress/egress shall be equipped with self-closing and self-latching gates.

b. The fence shall be at least four feet in height with a maximum opacity of 50%.