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Swimming Pools, Hot Tubs, Gazebos, Trellises
Click here to download a printable brochure (pdf file).
A primary goal of the City of Upper Arlington Development Department is to help citizens understand and correctly apply the community’s zoning code when undertaking any new construction or home improvement project, to protect the character of neighborhoods and enhance property values. As such, the department has created this brochure outlining the rules and regulations that apply to some typical recreational and decorative outdoor home improvement projects.
The information provided is language taken directly from the City’s Unified Development Ordinance (UDO) but may not reflect all code and permit requirements that pertain to your project. Please refer to the UDO document, call the Development Department, at 614-583-5076 for specific questions, or click here to complete an online query.
Swimming Pools, Hot Tubs
Article 6.09(D)12
“Swimming pool” means a structure, whether above or below grade level, designed to hold water more than 24 inches deep to be used for recreational purposes.
“Hot tub” means an artificial container of water with a liquid capacity greater than 100 gallons and designed with a mechanical air injection system and/or recirculating device.
• Location: All hot tubs shall be located within the buildable area of the lot. In the event a proposed hot tub has more than 150 square feet of area on the water surface when filled to capacity, all regulations for swimming pools shall apply. No swimming pool, or part thereof, shall be located nearer than 10 feet to the side or rear line of the lot upon which it is situated or nearer to any street on which such lot abuts than a distance 10 feet greater than the building setback line as fixed by the UDO. The area of the swimming pool water surface area, shall not exceed the percentage of lot specified in Table 5-F of the UDO.
• Height: The top of the walls, decks or walks of any swimming pool shall not project more than two feet above the average finished grade of the pool site or portion of the lot immediately surrounding the pool. Swimming pool accessories are limited to diving boards, slides and lights designed to illuminate the pool and the immediate surrounding area. None of these accessories may exceed 10 feet in height, such height to include handrails, supports and other safety devices, and may not cover a ground surface area in excess of 30 square feet.
• Fences: Every swimming pool and/or hot tub (including existing pools) shall be completely enclosed by a fence of sturdy construction not less than 45 inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times when the depth of water in the pool exceeds 18 inches, unless said pool is in use or is under the immediate observation of a responsible person. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. No part of any fence shall be located between the building setback line and the street on which the lot or parcel abuts [hot tubs with safety covers that comply with ASTM F 1346 may be exempt from fencing requirements. Refer to Appendix B of the 1999 Ohio Residential code].
• Lights: All lights used for illuminating such swimming pool, hot tub or the surrounding areas shall be so designed, located and installed as to confine the direct beams thereof to the lot or parcel on which the pool is located, and so as not to constitute a nuisance or undue annoyance to occupants of abutting property.
• Drainage: Provisions shall be made for drainage of the swimming pool into a public storm sewer where possible or sanitary sewer, in which case drainage may be into such ditch or watercourse. Permission must be obtained from the City Engineer before the swimming pool is drained in whole or in any substantial amount in order to prevent overloading the sewer or ditch in times of heavy rain. In no case shall the swimming pool be drained, directly or indirectly, into any street.
• Electrical Wiring: Pursuant to C.O. 1301.05, no service drop or wiring of any type supplying electric current shall pass over the area occupied by a swimming pool, hot tub, or similar area at which people gather and which could be a source of conducting electrical current. There shall be a minimum distance of ten feet between the outside edge of the tub/pool and the utility metering equipment (e.g., meter base).
• Permits and Operation: 1) No person shall locate, construct, or install any swimming pool or make any change therein or in the appurtenances thereof without having first submitted an application and plans therefore to, and having obtained permits from the Department of Development and the Health Commissioner (may also require separate Electrical and/or Heating permits); and 2) Such permit(s) shall not be issued unless and until the plans and specifications shall have been approved as to structural safety and compliance with the UDO by the Director of Development; and 3) Every swimming pool, including existing swimming pools, shall be provided with a filtration system approved by the Board of Health; and 4) No person shall use, operate, repair or maintain any swimming pool or hot tub in violation of any of the provisions of this UDO or of any lawful order of the Director of Development, or in violation of any regulation of the Board of Health or any order of the Health Commissioner issued pursuant thereto.
See also Chapter 1301 of the Upper Arlington Codified Ordinances and Appendix B of the 1999 Ohio Residential Code for 1, 2, 3-Family Dwellings for more information pertaining to swimming pools and hot tubs.
Gazebos, Trellises
Article 6.09(D)11
Gazebos, trellises, and other open-side structures are defined as freestanding, unheated structures uninclosed except for a structural system supporting a roof and screen panels which may be used to enclose the open spaces between structural elements.
• All open-sided structures are limited to one story; and the height to the top of the highest roof ridge beam, or to the highest point of any other roof form, from the finished floor may not exceed 15’.
• The area may not exceed 200 s.f.
• All finished roof surfaces, except for flat roofs, shall be either metal, seal-tab asphalt shingles, clay tile, slate or wood shingles. All other finish surfaces shall be either wood, brick, stone, screen or any combination thereof.
• All structures shall be located in the “rear yard buildable area.” This area is defined as the interior lot area bounded by the rear yard setback line and a side yard setback line on each side of the house.
• Illumination of the structure exterior is prohibited. Illumination within the structure shall not exceed 70 footcandles.
• If built on a mound, deck, or other elevated surface, the height of this elevated surface at its highest point above grade shall be added to the height of the structure to determine the overall height of the structure being measured.
• A building permit may be required for a gazebo or trellis.
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Development Department
City of Upper Arlington
3600 Tremont Road
Upper Arlington, Ohio 43221
Phone: 614-583-5070
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