(a) 
This division applies only to private pools and spas. Private pool or spa means any swimming pool or spa located on private, single-family residential property under the control of the homeowner or tenant, the use of which is limited to members of the homeowner's or tenant's family or invited guests.
(b) 
Swimming pool or spa construction in or above ground, of any structure deeper than 24 inches, shall require an approved permit from the city prior to the start of construction. No pool or spa may be used until the final building code inspection has been completed.
(c) 
Applications for pools or spas shall include a site plan indicating the location of the structure and associated appliances. The plan shall include distances from buildings and property lines. Additionally, plans for required fencing and elective lighting shall be included. In the event the city has imposed water restrictions, a letter of intent to fill with outsourced water shall be included.
(d) 
Any permit issued shall be valid for a period of six (6) months from the date of issuance. If a pool or spa has not been completed and received final inspection and approval within that time, then the applicant must obtain a permit extension.
(Ordinance 099 Rev. 1, sec. 1(A), adopted 10/3/2023)
A swimming pool or spa may be constructed or erected and operated in conjunction with any principal use in a residential zoned area or permitted special use when:
(1) 
Location on lot.
The pool or spa must meet the setback requirements listed in the zoning ordinance (article 9.02). Pools and spas are not permitted in front yard areas or an area that is in front of any building line.
(2) 
Setbacks.
Measurements determining setbacks will be initiated from the waterline edge and terminate at the applicable lot line.
(A) 
Side yards.
No pool or spa will be located within five (5) feet of the adjacent lot line. On corner lots, no pool or spa will be located within ten (10) feet of the side lot line adjacent to the street.
(B) 
Rear yard.
No pool or spa will be constructed closer than five (5) feet to the edge of water in Lake LBJ when filled to its normal water level of 825 feet above sea level. In the case of lots with both a front and back street, no pool or spa will be located nearer than twenty (20) feet to the rear lot line. Lots aligned back-to-back and sharing a common rear boundary line will not have any pool or spa nearer than ten (10) feet to the common lot line. Construction, maintenance, and operation of a pool or spa structure will not contribute to the erosion or flooding of adjacent properties or impede storm water drainage.
(3) 
Fence or safety cover.
A wall or fence to limit access to the pool or spa must be built and maintained and shown in any plan submitted, including materials. The wall or fence must be a minimum of four (4) feet high and constructed of a material that will not allow a four-inch (4") sphere to pass through. The wall or fence shall have a self-latching gate at all entrances. The gate must be capable of being locked. As an alternative to the construction of a wall or fence, there may be installed a power safety cover, operated by use of a key, that conforms to the specifications contained in ASTM F 1346-91 as issued by ASTM, Inc. (formerly known as the American Society for Testing and Materials), including any and all amendments and revisions thereto; safety cover must be closed when pool or spa is unattended by an adult.
(4) 
Lighting.
All lighting must meet current building codes and be shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so designed that direct rays from the lights shall not be visible from adjacent properties.
(5) 
Compliance with state and federal regulations.
All specifications for the pool or spa must meet state or federal regulations and rules.
(6) 
Initial fill.
In the event a pool or spa is constructed during a time when the city has imposed water conservation restrictions, either voluntary or mandatory, the initial fill of the pool or spa must be trucked in from a water source other than the Highland Haven Water System.
(Ordinance 099 Rev. 1, sec. 1(B), adopted 10/3/2023)
(a) 
The failure to place a fence or safety cover over a pool or spa as provided herein, or the failure to adequately maintain the fence or safety cover in good repair so same shall be effective in creating a safety barrier to entry into the pool or spa, shall constitute a nuisance and shall subject the occupant and owner of the property to all provisions of the ordinances of the city, including the right and authority of the city to seek and obtain injunctive relief, including mandatory injunctive relief, against the occupant and owner of the property in order to correct and remedy the nuisance condition. If action is required to be taken by the city to enforce this division through court proceedings, the city may recover its attorney fees from the occupant and/or owner, or jointly and severally, as determined by the court.
(b) 
The failure of an occupant and/or owner to maintain the water in the pool or spa in a healthful condition to the extent that same shall constitute a hazard to the health or welfare of surrounding property owners shall constitute a nuisance and shall subject the occupant and owner of the property to all provisions of the nuisance ordinances of the city, including the right and authority of the city to seek and obtain injunctive relief, including mandatory injunctive relief, against the occupant and owner of the property in order to correct and remedy the nuisance condition. If action is required to be taken by the city to enforce this division through court proceedings, the city may recover its attorney fees from the occupant and/or owner, or jointly and severally, as determined by the court.
(Ordinance 099 Rev. 1, sec. 1(D), adopted 10/3/2023)
The city code enforcement officer, building permit official or mayor shall have enforcement responsibility for this division.
(Ordinance 099 Rev. 1, sec. 1(E), adopted 10/3/2023)