It is hereby determined that outdoor swimming pools, spas, hot tubs, and similar facilities 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, spas, hot tubs, and similar facilities. A swimming pool is defined in Chapter 1472
of the Wolverine Lake Municipal Code of Ordinances. In addition to Chapter 1472
, these definitions pertain to this chapter (1280
). For the purpose of this chapter swimming pools, spas, hot tubs, and similar facilities are considered an accessory structure. See this chapter for additional regulations.
(1) “Barrier” means a fence or a wall surrounding the swimming pool, spa, hot tub or similar facility or a motorized swimming pool cover requiring a key switch to operate, or a locked cover for a spa, hot tub, or similar facility.
(2) “In-ground swimming pool” means a 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 swimming pool site or portion of the lot immediately surrounding the swimming pool to a distance of 20 feet beyond the swimming pool.
(3) “Temporary-swimming pool” means a swimming pool 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.
(4) “Spa or hot tub” means a hydromassage pool, or tub for recreational or therapeutic use, not located in health care facilities, designed for immersion of users, and can include pumps, air blowers, heaters, luminaires, controls and sanitizer generators. They are installed on the ground or supporting structure, or in the ground or supporting structure. Generally, a spa or hot tub is not designed or intended to have its contents drained or discharged after each 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, spa, hot tub, or similar facility, 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, spa, hot tub, or similar facility, 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, spa, hot tub, or similar facility thereon and a detailed plan for such swimming pool, spa, hot tub, or similar facility which shall contain such information as to the type, height, and location of the fence surrounding said swimming pool, spa, hot tub, or similar facility, 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, spa, hot tub, or similar facility shall be built, constructed or assembled on any lot or parcel of land which is less than 4,000 square feet in area.
(1) Location.
A. In non-lakefront yards, no swimming pool, spa, hot tub, or similar facility, 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. In lakefront yards, placement of swimming pools shall follow the requirements in Section 1280.04. Spas, hot tubs, and similar facilities shall locate the closest wall of the hot tub a maximum of 15 feet from the house, but in no instance shall the facility be located closer to the water’s edge than 20 feet. Spas, hot tubs, and similar facilities shall not be located nearer than ten feet from the side property line.
C. Pumps, filtering systems, and equipment storage shall be located not less than 20 feet from any property line and less than five feet from the building setback line. Location must be in lakefront yard for lake front homes.
(2) Area limitations.
A. 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 swimming pool is located. The area of decks, walks and appurtenances is included in lot coverage calculations.
B. The maximum dimensions for a spa, hot tub, or similar facility shall not exceed eight-feet wide by eight-feet long by 39-inches in height.
(3) Height limitations. Fences, lights, diving boards, slides or other accessories shall not project more than four feet in height or impede a neighbor’s view.
(4) Only in-ground (vs. above ground) swimming pools are permitted in lakefront yards. Both in-ground and above-ground spas, hot tubs, or similar facilities are permitted in lakefront yards.
(d) Barriers. All barriers for swimming pools, spas, hot tubs, and similar facilities must conform to State and Village requirements for enclosure in Chapter 1472
, and conform to Section 1270.08
, Fences, Arbors and Trellises.
(e) Supervision. No person shall maintain an outdoor swimming pool, spa, hot tub, or similar facility on his or her premises without providing adequate supervision at all times when the swimming pool, spa, hot tub, or similar facility is in use so that no person may be injured or drowned therein.
(f) Public Health Measures. Any outdoor swimming pool, spa, hot tub, or similar facility 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 swimming pools, spas, hot tubs and similar facilities 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, spas, hot tubs and similar facilities 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. 106A-122. Passed 3-13-24.)