It is hereby determined that outdoor swimming pools may endanger the public safety unless carefully regulated and supervised.
(a) Definitions and Purpose. These regulations were enacted to guide the construction and operation of swimming pools. A swimming pool is defined in Chapter 1472 of the Building Code. In addition to Chapter 1472, these definitions pertain to this chapter. For the purpose of this chapter pools are considered an accessory structure. See this chapter for additional regulations.
(1) "Barrier" means a fence or a wall surrounding the pool or a motorized pool cover requiring a key switch to operate.
(2) "In-ground pool" means swimming pool permanently built into the ground including its decks, walks and side walls, which project less than two feet above the average finished grade of the pool site or portion of the lot immediately surrounding the pool to a distance of twenty feet beyond the pool.
(3) "Temporary-pool" means swimming pools above ground made of plastic, light metal, or other light duty materials that are more than three feet in height and are completely emptied when not in use.
(b) Permit Application; Fee; Plot Plan. Applications for a permit shall show the name of the owner, the location of the proposed swimming pool, the manner in which its use shall be supervised, the safety precautions to be made to protect those making use thereof, or who might be endangered thereby, and information showing the size, depth and capacity of such swimming pool, and shall be accompanied by such other information necessary for the protection of the public health and safety as may be required by the Village Building Inspector and/or the Public Health Officer. There shall also be filed with the Village Building Inspector a plot plan of the property showing the location of such swimming pool thereon and a detailed plan for such swimming pool, which shall contain such information as to the type, height, and location of the fence surrounding said swimming pool, and the number of gates therein. Applicants for permits shall submit the established fee with their applications, said fee to be used to defray any expense incurred by the Village in the enforcement and administration of this chapter.
(c) Location, Height and Area Requirements. No outdoor swimming pool shall be built, constructed or assembled on any lot or parcel of land which is less then 4,000 square feet in area.
(1) Location.
A. No pool and the decks, walks and the appurtenances thereto, shall be located nearer than ten feet from the side or rear property line of the lot or parcel upon which it is situated or nearer to any street on which the lot or parcel abuts than a distance of ten feet greater than the building setback.
B. Pumps, filtering systems, and equipment storage shall be located not less than twenty feet from any property line and less than five feet from the building setback line. Location must be in lake front yard for lake front homes.
(2) Area limitations. The area of a swimming pool, related decks, walks and other appurtenances, shall not exceed 10% of the area of the lot or parcel on which the pool is located. The area of decks, walks and appurtenances is included in lot coverage calculations.
(3) Height limitations. Fences, lights, diving boards, slides or other accessories shall not project more than four feet in height or impede neighbors view.
(4) Only in-ground pools are permitted in lake front yard.
(d) Barriers. All pool barriers must conform to State and Village requirements for pool enclosure and conform to Section 1270.08.
(e) Supervision. No person shall maintain an outdoor swimming pool on his or her premises without providing adequate supervision at all times when the swimming pool is in use so that no person may be injured or drowned therein.
(f) Public Health Measures. Any outdoor swimming pool shall not be used unless adequate public health measures are periodically taken to ensure that the use thereof will not cause the spread of disease. The water of all pools shall be maintained according to the current standards set by the State Department of Public Health and the Oakland County Department of Health to protect the public health in the use of such swimming pools are hereby adopted and made a part of this chapter.
(g) Penalty. Any person who violates any provision of this section is responsible for a municipal civil infraction, subject to payment of a civil fine as specified in Section 202.99 of the Administration Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided in Section 202.99. In addition, any violation of the terms of this section shall be and the same is hereby declared to be a nuisance per se and the Village, by and through its proper officers and agents, shall have the authority and power by proper court procedure to maintain and conduct legal action for the abatement of such violation.
(Ord. 675. Passed 4-11-07.)