§ 7.02.03. Swimming pools, hot tubs, and similar structures.

(a)

Swimming pools, etc., shall be permitted only in side and rear yards, and shall meet the following siting standards:

(1)

Lots 60 feet or less in width at the front setback line require a minimum side setback of 7.5 feet and rear setback of ten feet; and lots greater than 60 feet in width at the front setback line require a minimum side and rear setback of ten feet;

(2)

Pool decks shall be located no closer to the side or rear lot line than 50 percent of the required setback for pools;

(3)

For waterfront lots, all swimming pools, etc. and pool decks, shall be located no closer than 50 feet to the normal high water elevation of the water body;

(4)

For corner lots, the street side setback for all swimming pools and pool decks is the same as the principal structure.

(b)

Screen enclosures for pools shall meet the required side setbacks for the principal structure but may be located no closer than ten feet to the rear property line. On a waterfront lot, screen closures for pools may not be located closer than 50 feet to the normal high water elevation of the waterbody.

(c)

As required by the Florida Building Code, all pools etc. shall be completely enclosed with an approved wall, fence or other substantial structure. The enclosure shall completely surround (to include the water front) the pool and shall be of sufficient density to prohibit unrestrained admittance to the enclosed area through the use of self-closing and self-latching doors. Exception: Adjacent waterway, permanent natural or permanent manmade features such as bulkheads, canals, lakes, navigable waterways, etc., adjacent to a public or private swimming pool or spa may be permitted as a barrier when reviewed by the town development review board and approved by the town council. When evaluating such barrier features, the development review board and town council may perform on-site inspections and review evidence such as surveys, aerial photographs, water management agency standards and specifications, and any other similar documentation to verify the subject barrier features adequately restricts access to the pool, spa or similar structure.

(d)

No overhead electric power lines shall pass over any pool, etc., unless enclosed in conduit and rigidly supported, nor shall any power line be nearer than ten feet horizontally or vertically from the pool's water edge.

(e)

Excavations for pools to be installed for existing dwellings shall not exceed a 2:1 slope from the foundation of the house, unless a trench wall is provided.

(f)

Swimming pools, hot tubs, and similar structures in existence at the time of adoption of this section, but not in compliance with this section, shall be considered legal nonconforming uses as long as they are maintained in a structurally sound and an attractive manner and may be repaired, improved, or replaced as long as the action does not increase the nonconforming situation or does not result in a new nonconforming situation.

(Ord. No. 2016-01, § 17, 7-12-2016)