(a) Certificate Required. No private swimming pool, pond or hot tub may be constructed or enlarged without obtaining a zoning certificate in accordance with this Zoning Code. No certificate shall be required for an above ground swimming pool or hot tub that measures less than 48 inches high from grade.
(b) General Requirements. No private swimming pool, pond or hot tub shall be allowed in any district, except as an accessory use and unless it complies with the following conditions and requirements.
(1) The pool, pond or hot tub is intended and is to be used solely for the enjoyment of the occupants and the guests of the occupants of the property on which it is located or for fire fighting purposes.
(2) The pool, pond or hot tub shall be located in the side (as long as it sits behind the front setback line of the house) or rear yard and may not be closer than ten feet to all property lines and three feet or more from any other structure on the same lot.
(3) No pool, pond or hot tub shall be located within any utility easement.
(4) No pool, pond or hot tub shall be located directly under or within ten feet away from any electrical power line.
(5) All outdoor, above ground swimming pools or hot tubs, 48 inches or higher above grade, must be equipped with a ladder that can be removed to prevent access to the pool or in the case of a hot tub, a substantial cover which can be secured when the hot tub is not in use; or, if the above ground pool or hot tub is equipped with a permanent ladder, steps or ramp allowing access, the ladder, steps or ramp must have a lockable barrier at least forty-eight inches high, designed to prevent access when the pool or hot tub is not in use. Outdoor, in ground pools or ponds that have a depth of 48 inches or more, must be enclosed by a fence at least 48 inches high from grade, or the yard in which the in ground pool or pond is located must be enclosed by a fence at least forty-eight inches high from grade. Non-wire fences must have boards, or slats spaced not more than two inches apart or have any openings wider than two inches covered with wire mesh. Wire or metal fences must have opening not larger than two inches in diameter. Fences enclosing an in ground pool or pond must be equipped with self-closing, lockable access gates designed to prevent access to the pool when it is not in use.
(6) All pool lighting must be directed at the pool.
(7) A zoning application must be submitted to the Village before constructing an in ground pool or an above ground pool that is forty-eight inches or more above grade. The application must be accompanied by a drawing showing the property lot lines, any existing structures, and the location of the proposed pool. Drawings must be to scale and have dimensions on the plan.
(8) A copy of the property owner's insurance policy, showing proof of liability coverage on the swimming pool as it currently exists, must be submitted to the Village Office before any pool permit will be issued.
(Ord. 2015-31. Passed 7-7-15.)