Chapter 17.48
SWIMMING POOLS
Sections:
17.48.010 Fencing of swimming pools.
17.48.020 Restrictions generally.
17.48.030 Application for permit.
17.48.040 Setbacks – Landscaping.
17.48.050 Setbacks – Measurement.
17.48.060 Fences restricting visibility prohibited.
17.48.070 Accessory structures.
17.48.010 Fencing of swimming pools.
All swimming pools previously or hereafter constructed within the city on either private or public property shall be fully and completely surrounded and enclosed by a constructed fence or constructed fences for the protection of children of tender years. All or a portion of any residence dwelling or a structure incident to a residence dwelling may serve as a portion of such fence, provided no access to the pool area is afforded by doors, windows, or other openings in the dwelling or structure which are usually or commonly kept open and are apparent to children of tender years from the outside of the dwelling or structure. No portion of such a fence, including the afore-described dwelling or incidental structure sections thereof, shall be less than five feet high, measured from the ground level, and no crawl space or opening large enough to allow the passage of a person shall be allowed under or inside such fence. Any such fence shall be in compliance with other ordinances pertaining to fences and in addition shall be constructed in such a manner as to present a flat surface to the outside of the fence away from the swimming pool, such that a person cannot obtain a foothold on that side of the fence as constructed. If the fence is wooden, it shall consist of slats running vertically and nailed to runners in such a fashion that there is no foothold to the outside of the fence with the runners facing the inside of the fence toward the swimming pool. The intent of these fence restrictions is to have a fence constructed in such a manner as to not allow a child of tender years to climb upon and/or over it and to further prevent its being pushed over or broken through by application of reasonable human force. (Ord. 805 § 1, 1999; Ord. 432, 1981; Ord. 287 § 7, 1971; Ord. 81 § 1, 1959; Ord. 74 § 9(D)(1), 1959)
17.48.020 Restrictions generally.
The restrictions set out in this chapter are intended to supplement, not supplant, other regulations of the Clyde Hill Municipal Code which may apply to swimming pools; provided, however, that in the event of any conflict between the regulations contained in this chapter and other provisions of the Clyde Hill Municipal Code, this chapter shall control as it applies to swimming pools. (Ord. 805 § 1, 1999; Ord. 657 § 2, 1992; Ord. 287 § 4, 1971; Ord. 119 § 2, 1961; Ord. 74 § 9(D)(3), 1959)
17.48.030 Application for permit.
Pool permit applications shall include all related descriptions of all accessory structures, including raised covers and fencing, and shall be submitted to the public works director for approval. (Ord. 805 § 1, 1999; Ord. 490, 1984; Ord. 429, 1981; Ord. 376 § 3, 1976; Ord. 74 § 9(D)(3)(e), 1959)
17.48.040 Setbacks – Landscaping.
A. Except as provided herein, swimming pools and accessory equipment structures shall not be located within the setback areas of any property. A swimming pool, required pool fencing and swimming pool accessory equipment structures not exceeding 30 inches above original grade may be located within a front, side or rear yard setback; provided, that in a front yard, no portion of the pool, excluding the pool apron, shall be located closer than 20 feet from the front property line or right-of-way line from which the setback is measured, pool aprons may not be closer than 10 feet from the front property line or right-of-way line from which the setback is measured, and pool fencing may not be closer than two feet from the front property line or right-of-way line from which the setback is measured. In a side or rear yard, no portion of the pool, excluding the pool apron and required pool fencing, shall be located closer than five feet from any right-of-way line or any other property line from which the setback line is measured. All accessory structures, in excess of 30 inches in height above original grade, may be located within the rear yard, provided they meet the requirements of CHMC 17.16.060 and 17.16.065. No accessory structure exceeding 30 inches in height above grade shall be located within any front or side setback area.
B. Fencing around swimming pools and drainage for impervious surface created by pools and pool aprons shall be provided as required by applicable city regulations including Chapter 17.37 CHMC. Front yard fences shall be located not less than two feet from the right-of-way line to allow for aesthetic softening of the fence by required landscaping.
C. Where a swimming pool extends into a front yard setback, landscaping shall be provided between pool fencing and the property line according to the following guidelines:
1. The purpose of the landscaping shall be to reduce the visual impacts of the fencing surrounding the pool and to enhance the city’s appearance by preventing the look of a walled enclosure.
2. The planting design should be a harmonious composition of plant materials that balances color, texture, form, line, proportion and scale.
3. Plants selected should be of a type suited to the climate and selection should be made with an awareness of growth requirements, tolerances, ultimate size, and soil preference. Plants shall be placed and maintained in such a manner as to prevent them from protruding into the public right-of-way and to comply with the provisions of CHMC 17.37.020.
4. Plantings shall be of adequate quantity, size, and spacing to fulfill the functional and design objectives of the landscape plan within a stipulated time.
5. A landscaping plan which is guided by “A Citizen’s Guide to Urban Forest Management in the Town of Clyde Hill,” as amended, shall be submitted to the city public works director along with the permit applications necessary for the pool construction. The public works director shall approve the landscaping plan if the plan complies with the guidelines set forth in this subsection and “A Citizen’s Guide to Urban Forest Management in the Town of Clyde Hill,” as amended. Any person aggrieved by the public works director’s decision may file an appeal with the hearing examiner. The pool construction permits shall include installation of the landscaping as a condition of construction.
6. Whenever landscaping has been required under this subsection, the owner shall maintain the same in compliance with the approved plan as long as the pool remains located within the setback. The city administrator is authorized to notify the owner of any property landscaped under this subsection of the fact that the landscaping is not being adequately maintained, and the specific nature of such maintenance failure. The notice shall specify a date by which the property owner shall comply. Upon failure to perform the required maintenance within the time specified in the notice, the city administrator is authorized to cause the maintenance to be completed and all expenses thereof shall become a lien against the real property of the owner. (Ord. 818 § 2, 2000; Ord. 805 § 1, 1999; Ord. 657 § 2, 1992; Ord. 287 § 4, 1971; Ord. 119 § 2, 1961; Ord. 74 § 9(D)(3)(a), 1959)
17.48.050 Setbacks – Measurement.
Setbacks for swimming pools shall be measured from the property line or right-of-way line to that edge of the water contained in said swimming pool and from the edge of the pool apron which is nearest said property line. (Ord. 805 § 1, 1999; Ord. 287 § 4, 1971; Ord. 119 § 2, 1961; Ord. 74 § 9(D)(3)(b), 1959)
17.48.060 Fences restricting visibility prohibited.
No swimming pool shall be allowed if the fence incidental thereto, as required by CHMC 17.48.010, shall substantially restrict visibility of persons using any right-of-way adjacent to the proposed pool area. The public works director shall determine whether or not the proposed fence would substantially restrict such visibility. (Ord. 805 § 1, 1999; Ord. 287 § 4, 1971; Ord. 119 § 2, 1961; Ord. 74 § 9(D)(3)(c), 1959)
17.48.070 Accessory structures.
Any structure incidental to a swimming pool, including raised pool covers, shall be considered an accessory structure. (Ord. 805 § 1, 1999; Ord. 376 § 2, 1976; Ord. 287 § 4, 1971; Ord. 119 § 2, 1961; Ord. 74 § 9 (D)(3) (d), 1959)