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Mount Horeb Village
City Zoning Code

ARTICLE IX

Swimming Pools

17.101 Definition.

As used in this article, the following terms shall have the meanings indicated:
PRIVATE OR RESIDENTIAL SWIMMING POOL
An outdoor structure containing a body of water in a receptacle or other container having a depth of water at any point greater than 1 1/2 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 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.

17.102 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 they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this article.

17.103 Permit required.

Before work is commenced on the construction or erection of a private or residential swimming pool 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 Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector 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 building permit fee shall accompany such application.

17.104 Construction requirements.

In addition to such other requirements as may be reasonably imposed by the Building Inspector and Village Administrator, or his/her designee, the Building Inspector and Village Administrator, or his/her designee, shall not issue a permit for construction 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, onto lands of other property owners adjacent to that on which the pool is located or 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.

17.105 Setbacks and other requirements.

(1) 
Private swimming pools shall be erected or constructed on rear or side lots only and only on or in a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot.
(2) 
No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.

17.106 Fence.

(1) 
Pools within the scope of this article which are not enclosed within 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 aboveground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top, or if the sidewalls are unobstructed and a minimum of 36 inches high. Such pool must have secure access by use of self-closing/self-latching gates.
(3) 
The pool enclosure may also be omitted if a swimming pool cover is installed that meets or exceeds the ASTM Standard F1346-91 and provides enough strength to withstand 475 pounds of pressure on top of the pool cover. Said cover shall also be sealed tight with a lock and key whenever the pool is not in use.
[Added 12-6-2006 by Ord. No. 2006-27; amended 12-3-2008 by Ord. No. 2008-14]
(a) 
Should a property owner be cited for violating Subsection (3) three or more times, a public hearing shall be scheduled with the Public Safety Committee to determine the severity of the violations. The Public Safety Committee may, after three citations are issued, require a fence.