(a) Private Swimming Pools. “Private swimming pool” means any pool or open tank not located within an enclosed building and which contains water to a depth, at any point, greater than eighteen inches. Portable swimming pools with a diameter of less than twelve feet or with a water surface area of less than 100 square feet are excluded from this definition and are specifically exempt from zoning regulation. Private Swimming Pools are allowed only in zoning districts which specify that Private Swimming Pools are permitted as an Accessory Use, and only where the Private Swimming Pool complies with the following conditions and requirements:
(1) The pool is intended to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(2) Such pool, including any walks or paved areas or accessory structures adjacent thereto, is not located in any front yard or side yard, and is located at least ten feet from any lot line.
(3) Any in-ground swimming pool, less than four feet above grade shall be enclosed by a wall or fence constructed so as to prevent access by small children. Such wall or fence shall be not less than five feet in height, maintained in good condition, and affixed with an operable gate and lock.
(Ord. 96-147. Passed 3-20-97.)
(b) Community Swimming Pools. “Community or club swimming pool” means any pool constructed by an association of property owners, or by a private club for use and enjoyment by members of the association, or members of a club and their families or guests. Community or club swimming pools shall comply with the following conditions and requirements:
(1) The pool is intended solely for the enjoyment of the members, residents or families and guests of members of the association or club under whose ownership or jurisdiction the pool is operated.
(2) The pool and accessory structure thereto, including the areas used by the bathers, shall not be closer than 100 feet to any lot line.
(3) The swimming pool and all of the area used by the bathers shall be so walled or fenced as to prevent uncontrolled access by children. Such wall or fence shall be not less than six feet in height and maintained in good condition, with an operable gate and lock.
(c) Zoning Certificate Required. A zoning certificate shall be required to be obtained from the Village for the construction of any private community or club swimming pool by any homeowner, lessee, group, association or person having possession or right to the property on which the swimming pool is to be located. A permit shall only be required where excavation or construction in support of a swimming pool is necessary and does not apply to the swimming pools which are merely assembled upon the premises unless additional construction is necessary for support of assembled pools. The application for the permit shall evidence upon its face that the pool will be constructed according to the requirements of subsections (a) and (b) hereof.