Carmel's UDO regulates 'private swimming pools' as Accessory Uses without separating above-ground from in-ground; the same permit, setback, and barrier rules in Section 5.02(C)(7) apply. A pool, deck, or equipment must sit at least ten (10) feet from side and rear lot lines, or three (3) feet from any easement, and meet the four-foot barrier rule.
Carmel's UDO does not create a separate category for above-ground pools. The definition of 'Private Swimming Pool' (Article 11) covers any recreational facility designed for water-contact activities serving a dwelling, and the accessory-use standards in Section 5.02(C)(7) apply to pools and hot tubs generally. That means an above-ground pool deep enough to require a permit is treated like any private pool: it needs an Improvement Location Permit, must satisfy the setbacks, and must be enclosed by the four-foot impenetrable barrier with self-closing, self-latching, lockable gates (or use the wall of an above-ground pool plus compliant ladder/gate arrangement that the enforcing authority deems impenetrable). Section 5.02(C)(7)(a) requires the pool, its deck, or its equipment to be set back at least the greater of ten (10) feet from the side and rear lot lines, or three (3) feet from any easement; fill from excavation may not be placed within three feet of an easement. Because Indiana's Residential Code R326 (675 IAC 14-4.4-38) governs residential pool barriers and is enforced locally, an above-ground pool's barrier requirements also flow from state code. The structural wall height of an above-ground pool may count toward the four-foot barrier where the enforcing authority deems the assembly impenetrable, but a compliant, lockable, self-latching gate or removable/lockable ladder is still required.
Installing an above-ground pool without an ILP, inside required setbacks, or without a compliant barrier/ladder is a UDO violation subject to Article 10 penalties, plus building-code enforcement under R326.
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