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Board allows side-yard pool and automatic cover in lieu of fence on 5293 Enon-Xenia Road

Clark County Board of Zoning Appeals · February 26, 2026
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Summary

The Board approved a variance allowing a pool in the side yard 60 feet from the property line and an automatic pool cover instead of the four-foot fence after testimony that covers meet ASTM load standards and reduce drowning risk.

The Clark County Board of Zoning Appeals approved a side-yard pool placement and an automatic pool-cover in lieu of a four-foot fence for 5293 Enon-Xenia Road in Mad River Township.

Staff presented Case BZA-2026-06 for a 5.10-acre A-1 parcel where the pool would sit in a side yard but be 60 feet from the lot line; the applicant requested an automatic pool cover instead of a four-foot fence under Chapter 8 (Sections 802.02.031A and 802.02.032). Staff said the Health Department completed site-approval review and the county engineer had no objections.

Homeowner Josh Morgan said the lot’s mature trees and septic location made the proposed side-yard siting the least disruptive option. David Kramer, representing Knickerbocker Pools, testified that automatic covers have a long safety record, reduce chemical use and maintenance, and meet ASTM standards; Kramer said they are rated to support substantial loads and cited practical experience where covers held adults and vehicles. "Auto covers were a superior option to a fence," Kramer testified, adding they have been used on pools for decades with a strong safety record.

Board members noted the lot’s unusual shape and distance to neighbors and found the evidence supporting an automatic cover persuasive. On a motion by Ms. Parcels, seconded by Mr. Shaw, the board voted to approve the pool-in-side-yard and cover-in-lieu-of-fence variances.