Private swimming pools. A private swimming pool shall be any pool, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than three and one-half feet. No such swimming pool, exclusive of portable swimming pools, hot tub or spa with a diameter less than 12 feet or with an area of less than 100 square feet, shall be allowed in any "B" or "R-1" District except as an accessory use and unless it complies with the following conditions and requirements:
(A) The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(B) It may not be located, including any walks or paved areas adjacent thereto, closer than ten feet to any property line of the property on which located.
(C) The swimming pool, or the entire property on which it is located, shall be completely enclosed by a fence of sturdy construction not less than forty-five inches in height, measured from the level of the ground where located, which shall be of such design and construction as to effectively prevent a child from crawling or otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock and shall be kept locked at all times, unless such pool is in use or is under the immediate observation of a responsible person.
(D) All swimming pools shall be of in-ground construction.
(E) No swimming pool shall be erected or constructed except upon special permission by resolution of the Village Council pursuant to written application therefore. Such permission shall be subject to such requirements as the Council may impose.
(Ord. 0-1847-01, passed 12-17-01; Am Ord. o-1896-02, passed 8-19-02; Am. Ord. O-2163-08, passed 3-17-08)