A. Every person owning land on which there is situated a swimming pool that contains water over twelve inches (12") deep at any point, shall erect and maintain thereon a fence or other barrier to provide protection against potential drowning by restraining access to the swimming pool. Said barrier shall be designed and constructed in accordance with section 10-11-3 of the Village zoning regulations as amended from time to time, and appendix G of the international residential code as amended from time to time. A pool cover shall not qualify as a barrier which is required by this section. In the event of a conflict between the provisions of the zoning ordinance and said appendix G, the provisions of the zoning ordinance shall govern.
B. Swimming pools which are in existence on August 1, 2005, which do not meet or conform to the barrier requirements of this section shall be brought into compliance not later than June 1, 2006.
C. Kiddie pools (any contained body of water with a maximum depth of 12 inches) need not be protected by a barrier, but when containing water must be attended by a responsible person. Such kiddie pools must be emptied on a daily basis, for purposes of health and safety.
D. It is the responsibility of the property owner and any other person in responsible charge of a swimming pool to ensure that the required pool enclosure, including all gates, doors, locks, latches and other portions of the barrier, are maintained in a safe manner and in good working order at all times. (Ord. 1065, 7-25-2005)
E. All petitions for variations from the fencing requirements of this section shall be referred to the Zoning Board of Appeals of the Village, which shall conduct a hearing thereon at any regular or special meeting of the Zoning Board of Appeals without any requirement of published newspaper notice, provided that the applicant for such variation shall have delivered to the Village Clerk, not less than fourteen (14) days before the date of such meeting, notices of the time and date of the Zoning Board of Appeals meeting and the nature of such variation request, with envelopes stamped with first class postage addressed to the current real estate taxpayer of record of all adjoining properties and the Village Clerk shall have mailed such notices not less than ten (10) days prior to the date of such meeting. A decision by the Zoning Board of Appeals to grant such requested variation shall be final. If the Zoning Board of Appeals denies such requested variation, the petitioner may file an appeal to the corporate authorities within sixty (60) days after such denial. (Ord. 1099, 7-26-2006)