1262.15 REGULATION OF SWIMMING POOLS AS ACCESSORY USES.
   This section shall apply to the location and maintenance of swimming pools.
   (a)   Purpose. It is the purpose of this section to promote the public health, safety and welfare through the regulation of swimming pool facilities which are constructed, operated or maintained as an accessory use.
   (b)   Private Swimming Pools. No private swimming pool, exclusive of portable swimming pools with a diameter of less than twelve feet, with a depth of less than eighteen inches, or with an area of less than 100 square feet, shall be allowed in any residential district or commercial district except as an accessory use, and such pools shall comply with the following requirements:
      (1)   The pool is intended to be used solely for the enjoyment of the occupants of the property on which it is located and their guests.
      (2)   The pool may be located anywhere on the premises, except in required front yards, provided that it shall not be located closer than twelve feet to any property line or easement.
      (3)   The swimming pool, or the entire property upon which it is located, shall be walled or fenced in such a manner as to prevent uncontrolled access by children from the street and from adjacent properties, in addition to existing fence regulations. No such fence shall be less than four feet in height and such fences shall be maintained in good condition with a self-closing and self-latching gate. Above-ground pools with minimum side height of four feet and retractable ladders need not comply with fence requirements.
      (4)   A zoning permit shall be required upon the installation of a private swimming pool, pursuant to Section 1242.02 .
   (c)   Community or Club Swimming Pools. A community or club swimming pool shall be any pool constructed by an association of property owners or by a private club or association, for use and enjoyment by members and their families. Such swimming pools shall comply with the following requirements;
      (1)   The pool is intended solely for, and is used solely for the enjoyment of, the members and families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
      (2)   The pool and all accessory structures thereto, including all areas used by the bathers, shall not be located closer than seventy-five feet to any property line or easement.
(3)   The swimming pool, its accessory facilities and all areas used by bathers shall be so walled or fenced as to prevent uncontrolled access by children from the street or adjacent properties. Said fence or wall shall not be less than eight feet in height and shall be maintained in good condition with a gate and lock. The areas surrounding the enclosure, except for parking spaces, shall be suitable landscaped by grass, hardy shrubs and trees and maintained in good condition.
      (4)   Exterior lighting shall be so shaded or directed that it does not cast light directly upon adjacent properties.
      (5)   Such pool facilities shall not be operated prior to 8:00 a.m. or after 11:00 p.m., except as approved by appropriate Village authority.
         (Ord. 55-01. Passed 10-1-01.)