A. Definitions:
INFLATABLE POOL: A swimming pool capable of having a water depth of thirty six inches (36") or less, and which is erected by means of inflation.
JUVENILE POOL: A receptacle for water or an artificial pool of water having a depth of less than two feet (2'), intended for the purpose of immersion or partial immersion therein of human beings.
PRIVATE RESIDENTIAL SWIMMING POOL: A swimming pool, including inflatable pools, maintained by an individual primarily for the sole use of his or her household and guests and not for profit.
PUBLIC SWIMMING POOL: A swimming pool maintained by individuals for the use of more than one household, or maintained by a club for the use of its members, or maintained by a business for profit, or maintained by a school, park district, municipality or other public not for profit organizations.
SWIMMING POOL: A receptacle for water, or an artificial pool of water having a depth at any point of more than two feet (2'), intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment constructed, installed and maintained in or above the ground inside or outside of a building.
B. Permit Requirements:
1. It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any swimming pool unless permits shall have been obtained from the village.
2. It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any public swimming pool within the village unless any required permits shall first have also been obtained from the state.
3. No permit is required for a juvenile pool or an inflatable pool.
C. Drawings, Plans And Permits:
1. Each application for a swimming pool permit shall be accompanied by a permit fee specified in chapter 7 of this title and by a set of plans or drawings which shall be drawn to scale. All distances and dimensions shall be accurately figured and drawings shall be explicit and complete showing the lot lines, distance from the residence(s), location of the fence and pool walk. The pool, walk and fence construction, electrical system and all relevant appurtenances pertaining to the pool, sufficient to show whether the swimming pool will comply with this title.
D. Location Restrictions:
1. Private residential swimming pools shall be permitted in single-family residential zones only. No portion of the pool shall be located less than four feet (4') from a side or rear lot line. Pools and appurtenant equipment shall not be permitted in any front yard.
2. Public swimming pools shall be permitted in residential and business zones; except, that any public swimming pool operated for the purpose of profit or operated in connection with a business operated for profit shall not be operated in a single- family residential zone. No portion of a public swimming pool or its appurtenant equipment shall be located less than fifteen feet (15') from a side or rear lot line. Public swimming pools shall not be located in a front yard.
E. Fences:
1. A swimming pool shall be completely enclosed by a fence:
a. Which is erected along the periphery of the swimming pool and any immediately adjacent walk, deck or terrace area appurtenant to the swimming pool; or
b. Which completely encloses a rear yard in which the swimming pool is located.
The fence shall be at least thirty six inches (36") in height and shall be designed and constructed to render the swimming pool inaccessible to children under six (6) years of age. All fence openings shall be equipped with gates and all gates shall be equipped with self-closing devices and shall have latches.
2. Swimming pools shall be exempt from the requirements of subsection E1 of this section if they: a) are above ground level in whole or in part, and b) have a walkway or deck area greater than thirty inches (30") in height with integral guards or rails and a means of egress which can be removed and locked while the swimming pool is not in use. Persons with such exempt pools ensure that ladders and other means of ingress or egress are kept removed or locked when the swimming pools are not in use.
F. Electrical Requirements:
1. Where electrical conductors are adjacent to a swimming pool or juvenile pool, they shall have proper insulation and shall be ground fault protected. No overhead electrical wires shall be permitted within fifteen feet (15') of a swimming pool.
G. Safety Precautions: Swimming pools and juvenile pools shall be maintained in a clean, safe and sanitary condition.
H. Inspection Requirements: The zoning administrator may, upon completion of construction of a pool or upon receipt of information that a pool is nonconforming and with prior notice to the owner, inspect a swimming pool to determine whether it is in compliance with the provisions of this title. (Ord. 06-04, 6-26-2006)
I. Nonconforming Structures: Swimming pools erected prior to the effective date hereof, which do not meet the fence, electrical or safety requirements of this title shall be made to conform to such requirements within ninety (90) days of the effective date hereof. No swimming pool existing as of the effective date hereof shall be rendered illegal solely because of its violation of location or setback provisions of this title. (Ord. 93-11, 6-14-1993)