Nonportable swimming pools may be allowed as an accessory use only in "R" Districts, provided that they comply with the following conditions and requirements:
(a) The pool is intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(b) The pool may not be located, including any walks or paved areas or accessory structures adjacent thereto, closer than six feet to any property line of the property on which it is located.
(c) The swimming pool or the property as hereinafter defined on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children or other persons from the street or other adjacent properties except that the pool, wall or fence may not penetrate the front yard setback as defined by Village ordinance. The wall or fence may be separate from or part of the pool itself. The fence or wall shall be not less than six feet in height as measured from ground level at any point around the perimeter of the pool. Fences and walls may exceed six feet where topography forces such excess in order to achieve an agreeably aesthetic appearance.
(d) Fences or walls, whether part of or separate from the pool structure, shall include a gate and lock which shall be of such construction that when the pool is not in use it shall be maintained so as to prevent, as far as practicable, uncontrolled access to or unauthorized use by children or other persons. As an alternative means of protection in lieu of a wall or fence, a locking cover shall be acceptable provided that the cover is capable of supporting a 300 pound super imposed load acting on an area of one square foot at any point on the outer surface of the cover. Such cover shall include a lock which shall be of such construction that when the pool is not in use it shall be maintained so as to prevent as far as practicable, uncontrolled access to or unauthorized use by children or other persons.
(Ord. 2008-26. Passed 12-1-08.)
(e) (EDITOR’S NOTE: During a regular Council meeting on the 5th of March, 2012, the Village Council voted to repeal Ordinance 2009-34 relating to the regulation of pool fences which was codified as subsection (e) hereof.)