(A) All applications must be filed with the Village Zoning Board. Once it is determined that the application is complete, the Zoning Board will determine if all requirements have been met. For applications that meet the requirements of this section, the Zoning Board shall process these applications. For applications that do not meet the requirements of this section, the Zoning Board shall advise the applicant of the process for variations. A fee of $35 shall be charged to the owner for each accepted permit application. It shall be unlawful to erect, construct, reconstruct, enlarge, or structurally modify a permanent pool or spa without obtaining a permit.
(B) An accurate sketch showing the proposed location of the swimming pool or spa on the premises shall be furnished to the Zoning Board. The sketch shall show the location of any utility easements on the property, if known, property dimensions, and the pool setback from property lines and structures. An aerial image can also demonstrate the pool’s location, but must include all information.
(1) Barrier. It is unlawful, within the village limits, for any person to maintain a swimming pool or spa that has a maximum depth of more than 24 inches of water unless the same is surrounded by a guard or fence not less than 48 inches in height, and spacing between vertical members shall not exceed four inches.
(2) Gate and door latching requirements. All gates or doors opening into the pools shall be equipped with self-closing and self-latching devices with locking provisions for keeping the gate or door securely closed at all times when not in actual use. Where the self-latching device is less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. A rigid wall or tube-supported pool with a pool depth of 48 inches or greater accessible only by a lockable ladder shall be exempt from this requirement. Also, a spa with a hard cover that encloses the entire surface is exempt from this requirement.
(3) Setback requirements. All permanent pools and spas must only be located in the rear yard. No swimming pool or spa portion outside a building shall be located less than five feet (5’) from the rear lot line and not within the owner’s lot side yard setback area. Swimming pools and spas must be located at least ten feet away from overhead electrical lines’ horizontal clearance. Swimming pools and spas must be located at least five feet away from underground electrical lines’ horizontal clearance.
(4) Swimming pool replacement. It shall be unlawful for the owner, occupant, or person in custody of any premises in the village having a swimming pool thereon to permit such pool to exist in a state or condition which is liable to cause injury to any person or property, or which is liable to collapse, or which infringes upon or cannot fulfill the functions of a swimming pool.
(5) Improvement of non-conforming enclosures. The owners of all pools in existence, on or before the effective date of the ordinance from which this subchapter is derived, who have a guard or fence enclosure less than three feet in height, or not otherwise in compliance with this subchapter, shall cause said improvements and additions to be carried out over a period not to exceed six months from the effective date of the subchapter to comply with the requirements of this subchapter; provided, however, that whenever any guard, fence, or enclosure, as described in this section, is replaced, it shall fully comply with the minimum 48-inch height requirement set.
(6) Utility statement variations. The homeowner’s utility account will receive a credit equal to the swimming pool’s or spa’s total volume in gallons once a year. When calculating a homeowner’s credit amount, a rate of $2.95 for every 1,000 gallons, or fraction thereof, shall be used.
(7) Temporary swimming pool and spa registration form. All temporary swimming pools and spas must pass an annual inspection conducted by the village.
(8) Renter submission. Renters must obtain written permission from the property owner to put any swimming pool or spa on the property submitted to the village.
(9) Variations. The Village Board may authorize variations from the provisions of this subchapter.
(Ord. 2023-03, passed 4-18-2023) Penalty, see § 150.99