If you are installing a swimming pool at your home in Newcastle and are unfamiliar with the permitting process, it could delay how quickly you are able to enjoy it.
The Newcastle City Council approved Ordinance No. 1115 during its regularly scheduled March meeting, amending Section 154.099 of the Newcastle Code of Ordinances related to swimming pools. The amendment clarifies fencing requirements and establishes a process for property owners to request a special exception through the Newcastle Board of Adjustment.
FENCING on page 3 Council member Todd D’Amico said he requested the ordinance change and has been working with city officials to ensure the rules are clear while also making the permitting process easier for homeowners.
FENCING: Subbing pool fencing for buffers needs OK
“My goal is to make sure homeowners have clear information so they don’t run into unnecessary delays,” D’Amico said. “If people understand the process up front, they can save themselves time and frustration.”
Under Section 154.099(A) of the city code, private swimming pools may be constructed in any zoning district but must be enclosed by a permanent wall or fence at least four feet in height. However, the ordinance also establishes a process for property owners to seek relief from that requirement in certain circumstances.
Property owners whose land is zoned agricultural, or whose parcels are two acres or larger in any zoning district, may apply to the Newcastle Board of Adjustment for a special exception from the fencing requirement.
D’Amico said many properties in Newcastle sit on larger tracts of land — including five-, 10- and 20-acre parcels — where homes may be surrounded by wooded areas or natural barriers and located well away from neighboring properties.
“In many cases, those natural features can function as a landscape buffer,” D’Amico said. “When that type of buffer exists, it may qualify as the basis for requesting a special exception rather than installing a fourfoot fence.”
D’Amico emphasized that homeowners and pool contractors should be aware that the exception must still be reviewed by the Board of Adjustment. If the request is not submitted as part of the process, applicants may have to wait until the Board of Adjustment meets to consider the request. This could delay construction.
“I want residents to be aware of how the ordinance works so they can plan ahead,” D’Amico said. “If you want to save yourself time and be ready to swim when the pool is complete, make sure you follow the city’s process and request the exception if it applies to your property.”
D’Amico said he is raising the issue publicly so residents, builders and pool companies understand both the ordinance and the option to seek a special exception when a landscape buffer already exists.
“People choose Newcastle for the quality of life and the space our community offers,” D’Amico said. “Many residents live on larger properties specifically for privacy. In those situations, a landscape buffer may qualify for consideration — but homeowners still need to go through the proper process with the Board of Adjustment.”
