(a) Definition. A PRIVATE or RESIDENTIAL SWIMMING POOL is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator, or lessee thereof and his or her family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment, and other items used and intended to be used for the operation and maintenance of a PRIVATE OR RESIDENTIAL SWIMMING POOL.
(b) Exempt pools. Storable children’s swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity, are exempt from the provisions of this section.
(c) Permit required. Before work is commenced on the construction or erection of private or residential swimming pools, or on any alterations, additions, remodeling, or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel, or add must be submitted in writing to the Zoning Administrator, Clerk, and highest elected official, as appropriate. Plans and specifications, and pertinent explanatory data should be submitted to the Zoning Administrator, Clerk, and highest elected official, as appropriate, at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. A fee as set forth in the village’s fee schedule shall accompany such application.
(d) Construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, Clerk, and highest elected official, as appropriate, the Zoning Administrator, Clerk, or highest elected official, shall not issue a permit for construction as provided for in subsection (b) above, unless the following construction requirements are observed.
(1) All materials and methods of construction in the construction, alteration, addition, remodeling, or other improvements and pool installation shall be in accord with all state regulations and code, and with any and all ordinances of the village now in effect or hereafter enacted.
(2) All plumbing work shall be in accordance with all applicable ordinances of the village and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, or onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.
(3) All electrical installations, including lighting and heating, but not limited thereto, which are provided for, installed, and used in conjunction with a private swimming pool shall be in conformance with the state laws and village ordinances regulating electrical installations.
(e) Setbacks and other requirements.
(1) Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.
(2) No swimming pool shall be located, constructed, or maintained closer to any side or rear lot line than is permitted in the zoning code for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.
(f) Fence.
(1) Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than six feet in height and so constructed as not to have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use.
(2) The pool enclosure may be omitted where portable pools are installed above ground and have unobstructed walls a minimum of 36 inches high on the top.
(g) Compliance. All swimming pools existing at the time of passage of this code of ordinances not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.
(Ord. passed 1-18-2021)