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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We live outside of the city limits in Modesto, California (Stanislaus

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We live outside of the city limits in Modesto, California (Stanislaus County). I have heard rumors that it is illegal to place an above ground pool in the front yard of your home. I am just wondering if you can shed some light on this issue and point me in the right direction. We have just purchased a pool and want to set it up pronto!
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The law in Stanislaus County is that the pool cannot be anywhere within the front yard minimum set back requirements, which means it can be no closer than 15 feet from the property line (set back for front yard). Here is the Stanislause ordinance:
21.08.065 Swimming pools.

Any swimming pool, as defined within this title, when used as a private swimming pool in any zone, shall comply with the following requirements:

A. Such pools shall be used solely for the enjoyment of the occupants of the premises on which they are located and their guests and not for instruction, unless don in compliance with Chapter 21.94 regarding home occupations, or parties when fees are paid therefor;

B. Pools shall not be located closer than three feet from any side or rear property line. No pool shall be located closer than the minimum depth required for the front yard or the street side yard of a corner lot. Distances from other structures shall be governed by the Uniform Building Code;

C. Lot coverage by a swimming pool shall not be considered in calculating the maximum lot coverage for buildings;

D. Filter and heating systems for swimming pools may encroach into a side or rear yard provided there remains a net two feet clear adjoining passageway past the equipment. Distances between heating systems and building, including door and window openings shall be governed by the requirements of the current building codes, as well as manufacturer’s requirements;

E. Whenever a construction permit is issued for construction of a new swimming pool at a private, single-family home, it shall be equipped with safety features as required by the California Health and Safety Code, including any future amendments to that code. (Ord. CS 778 §1, 2001).

Definitions Section
21.12.602 Swimming Pools
"Swimming pool" or "pool" means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool" includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and non-portable wading pools

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