A. Definitions: For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
AT-GRADE SPA: A spa or hot tub unit, manufactured off site and delivered to the site as a completed assembly; designed to sit on the ground, a concrete slab or patio, and the spa not larger than 8'0"x8'0"x39" in dimension.
ELEVATED DECK: An exterior deck attached to and projecting from the principal structure, home, or residence, and with a walking surface height of at least four feet six inches (4'6") above grade at the foundation of the principal structure.
PRIVATE RESIDENTIAL SWIMMING POOLS: A receptacle for water, or an artificial pool of water having a depth at any point of two feet (2') or more, 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 outside of a building used as a dwelling unit, provided, that such swimming pool is maintained by an individual primarily for the sole use of the household and guests, and not for the purpose of profit or in connection with any business operated for profit.
B. Private Residential Swimming Pools Regulated: Every private residential swimming pool constructed or installed after the effective date hereof shall comply with all applicable provisions of this section and title 8, chapter 4 entitled, "Swimming Pools", of the South Barrington village code.
C. Location On Property:
1. No private residential swimming pool, at-grade spa, hot tub, pool barrier fence or any portion thereof shall be located in the front yard or side yard of any property nor in any side or rear yard setbacks.
2. In-ground pools shall be set back no less than thirty feet (30') from all property lines, at least twenty-five feet (25') from the nearest septic field absorption line, and at least twenty-five feet (25') from a septic tank. All pools location measurements shall be taken from or to the edge of the swimming pool water, as measured at pool nosing.
3. Pumps, filters, heaters, pool water disinfection and purification equipment (“pool equipment”) shall be located in rear or side yards and within the applicable required rear or side building setback lines. Pool equipment in a side yard shall be located a distance of not more than twelve feet (12') or twenty-five percent (25%) of the building side wall dimension, whichever is less, as measured from the rear building corner and as close as practicable to the side wall of the building.
4. Free standing at-grade spas and hot tubs, shall be located such that:
a. Located behind the main house structure.
b. The edge of water shall be less than twelve feet (12') from the foundation of the main house.
c. Shall not be larger than 8'0"x8'0"x39" in dimension. Any at-grade spa or hot tub with a dimension larger than 8'0"x8'0"x39" shall not be allowed at grade level and is required to be installed in ground.
d. May be located within a Pergola or Pavilion as long as the edge of the water is within twelve feet (12') from the main house foundation.
e. Shall be screened from view from adjacent property by masonry, hardscape materials and/or landscaping materials.
f. Minimum height of at-grade spa and hot tub screening is equal to the height of the spa skirt; maximum height of masonry screening is 4'-0".
g. All at-grade spas must have lockable covers capable of supporting a minimum 200 lbs. of weight.
D. Location Generally:
1. It shall be unlawful to construct or install any swimming pool unless said pool is, at its closest point of water’s edge, located within twenty feet (20') of the foundation of the principal structure, home, or residence. Water features such as spas, hot tubs, fountains, etc. can no longer be used as a point of measure for determining the twenty foot (20') distance requirement of a pool edge of water from the house foundation wall.
2. All installed pool enclosures shall be architecturally compatible with said principal structure.
E. Approval: Each at-grade spa or hot tub installation permit application must first be approved by the subdivision Homeowners Association Committee and the Village Architectural Control Committee. Issues to be reviewed include the spa color being from the same palette as the primary colors on the house, location, and effective screening. (Ord. 2010-906, 5-13-2010; amd. Ord. 2019-1214, 9-12-2019; Ord. 2021-1281, 5-13-2021; Ord. 2022-1315, 4-14-2022)