A. Definition Of Aboveground Pool: An "aboveground pool" is a swimming pool other than a pool which has been constructed of concrete, is completely subsurface and is permanent in nature.
B. Area Restricted: It shall be unlawful to erect, construct or maintain an aboveground pool as an accessory use within the village in any area zoned R-1, R-2, PD-1, PD-2 or PD-3.
C. Removal, Time: Since it has been determined by the village board that the average useful life of aboveground pools is not in excess of seven (7) years, present existing aboveground pools which have been fully installed before the effective date hereof shall be dismantled and completely removed on or before seven (7) years from the effective date hereof.
The village board may, upon written application of an owner of an aboveground pool which was fully installed prior to the effective date hereof who is alleging substantial hardship, allow said applicant such additional time as the board, in its discretion, deems provident; providing, that the board takes into consideration the dangers and health risks involved in extending the period of time for the utilization of such nonconforming use beyond the seven (7) year period.
D. Penalty: Any person violating this section shall be subject to a fine not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 78-O-259, 4-6-1978)