(a) Definitions. The following words and phrases shall have the meanings set forth in this section:
(1) "Family wading pool" means a container that is both incapable of holding water at a depth of greater than 18 inches and has a water surface area of less than one hundred square feet.
(2) "Portable swimming pool" means a container that does not meet the definitions of a "family wading pool" and that is typically stored during the winter months and that may be dismantled, folded, or moved from one place to another without the use of tools other than those normally found in a household workshop. An inflatable swimming pool is typical example of a portable swimming pool.
(3) "Nonportable swimming pool" means any artificial body of water, whether inground or above-ground that is not dismantled, folded or stored during the winter months.
(b) Family Wading Pools Exempt. The regulations in this section shall not apply to a family wading pool.
(c) Permit Application. It shall be unlawful for any person to construct or maintain an outdoor portable swimming pool or nonportable swimming pool without first making application to the Zoning Inspector and obtaining a permit thereof. Application for such permit shall show the name of the owner, a plot plan of the property showing the location of such swimming pool, a detailed plan and specifications for such swimming pool, and full information as to the type, height and location of the fence, if any, surrounding such swimming pool and the number of gates therein.
(d) Location. Outdoor portable and nonportable swimming pools may be erected as an accessory use in a side or rear yard only, provided that they are located no closer than ten (10) feet from the side or rear lot lines. No such pool or part thereof shall be installed within twenty- five (25) feet of a side street right of way.
(e) Fencing. All portable and nonportable swimming pools shall be completely enclosed by a fence not less than four (4) feet in height. For above ground portable or nonportable swimming pools with side walls of four (4) feet or higher, a removable ladder, locking ladder gate, locking cover, or other security measure may be used to satisfy the fence requirement. The gates shall be of the self-closing, self-latching type with latch on the inside of the gate not readily available for children to open. A fence which encloses the yard, as a whole, of the type referred to above, may be considered as complying with the requirements hereof. All gates must be locked when the residents are away from the house or when the pool is not in use.
(f) Inspection. The Zoning Inspector shall have the right, at any reasonable hour, to inspect any swimming pool for the purpose of determining that all provisions of this Section are complied with. Before any swimming pool shall be used, a final inspection and approval must be received from the Zoning Inspector.
(g) Nuisance. Any such outdoor swimming pool installed, operated or maintained in violation of provisions of this Section shall constitute a nuisance, and the Municipality may, in addition to the penalties herein set forth in Chapter 1135, maintain any proper action for the abatement of such nuisance.
(h) Maintenance. The pool shall be maintained in a clean and healthful condition in accordance with Municipality and County public health and safety requirements
(i) Community/club pools. A community or club swimming pool shall be any pool constructed by an association of property owners, or by a private club for the use and enjoyment by members of the association or club and their families. Community and club swimming pools are permitted in all districts, but shall comply with the following conditions and requirements:
(1) The pool and accessory structures thereto including the areas used by bathers, shall not be closer than one hundred (100) feet to any property line of the property on which it is located.
(2) The swimming pool and all of the area used by the bathers shall be walled or fenced so as to prevent uncontrolled access by a wall or fence not less than six (6) feet in height and maintained in good condition.
(j) No private swimming pool may be filled with the assistance of any Village unless and until the owner has obtained a permit from the Zoning Inspector under this Section.
(Ord. 2164. Passed 3-17-14.)