No person shall construct, repair, replace, install, enlarge, or alter any swimming pool, as defined by this chapter, unless a valid zoning permit for a swimming pool has first been issued pursuant to this chapter and such permit has neither expired nor been suspended or revoked. If work has commenced or is completed without proper permits, the Village may take the appropriate actions to prosecute the violation of this chapter. (See § 420-22 of this chapter for additional information related to a zoning permit for a swimming pool, including but not limited to preconditions, application requirements, incomplete applications, approval or denial of an application, issuance of a permit, binding nature of application, acceptance of permit conditions, time limits, assignment, inspections required, suspension, revocation or voiding a permit, circularity, plan changes, plans on file, invalid permits and disclaimer.)
[Amended 10-17-2005 by Ord. No. 05-49; 10-2-2006 by Ord. No. 06-50; 2-18-2008 by Ord. No. 08-10; 7-17-2017 by Ord. No. 17-32; 3-15-2021 by Ord. No. 21-03; 4-11-2024 by Ord. No. 24-05]
A swimming pool may be installed in all districts except the C-1 or C-3 District or an area regulated under the Floodplain Zoning Ordinance in Chapter 430 subject to the following requirements:
A.
All reasonable precautions should be taken by the
property owner(s) to protect the users of the swimming pool from injury
or accident. Convenient means of ingress and egress should be provided,
and the depth of the water and any irregularities in the bottom should
be clearly indicated. Safety equipment, such as but not limited to
life buoys, life hooks and first aid kits, should be provided and
be readily accessible.
B.
Said swimming pool shall not be filled with any amount of water until the required swimming pool enclosure pursuant to Subsection F has been properly installed and inspected.
C.
It shall be the sole responsibility of the property
owner(s) to ensure that the following setbacks are met:
(1)
Said swimming pool, including the pumps, filters,
pool water disinfection equipment and all other accessories, shall
be located a minimum of eight feet from any side or rear property
line.
(2)
A swimming pool shall be located a minimum of eight
feet from any principal or accessory structure; however a hot tub
shall be located a minimum of two feet from any principal or accessory
structure.
(3)
Said swimming pool shall comply with any and all state,
county or Village regulations with respect to the distances from an
on-site sewage disposal system or private well(s).
(4)
Said swimming pool shall not be located within a front
street yard.
(5)
Said swimming pool may be located within a side street
yard or a rear street yard, as defined by this chapter, provided that
said swimming pool is located a minimum of 15 feet from the property
line adjacent to the right-of-way.
(6)
A swimming pool shall be located a minimum of 25 feet
from the ordinary high-water mark of any navigable body of water.
(7)
Said swimming pool shall be located a minimum of 25
feet from any field-delineated wetlands.
D.
Said swimming pool that incorporates a deck shall meet the requirements of § 420-87 of this chapter.
E.
If a swimming pool is located within an approved principal
structure or an accessory structure, then said structure shall meet
all of the appropriate setback requirements for that structure.
F.
If the swimming pool is located outside of an approved
principal or accessory structure, then one of the following swimming
pool enclosures shall be installed and maintained on the property:
(1)
A four-foot-high residential fence constructed pursuant to § 420-81A shall be installed that is located in the rear, side and/or rear street yard that completely surrounds the swimming pool.
(3)
A guard attached to the outer edge of an aboveground
swimming pool shall be installed that completely surrounds the swimming
pool, provided that the following requirements are met:
(a)
The height of the pool and guard shall be a
minimum of four feet in height and a maximum of six feet in height,
as measured from the finished yard grade to the top of the guard;
and
(b)
The yard grade around the perimeter of the swimming
pool shall remain level or slope downward away from the swimming pool
a minimum of five feet from the base of the swimming pool, and the
yard grade shall not be artificially elevated by bringing in fill
as to elevate the pool higher than the existing grades of the property;
and
(c)
The ladder or steps used as a means of ingress/egress
to the swimming pool shall be enclosed with one of the following:
[1]
A guard with a self-closing and self-locking
mechanism that is a minimum of four feet in height and a maximum of
six feet in height, as measured from the finished yard grade to the
top of the guard; or
[2]
The ladder or steps shall be hinged at the top
and capable of being raised out of the reach of children with a self-locking
mechanism, wherein the self-locking mechanism is a minimum of four
feet as measured from the finished yard grade; or
[3]
A ladder or steps that is covered with a self-enclosing
and self-latching barrier.
(4)
A
deck with a guard surrounding the outer perimeter of an aboveground
swimming pool shall be installed, provided that the following requirements
are met:
(a)
The deck guard shall meet the minimum requirements of the Uniform
Dwelling Code, Ch. SPS 321, Wis. Adm. Code, except as specified below:
[1]
The height of the deck, including the guard, shall be a minimum of
four feet and a maximum of eight feet, as measured from the finished
yard grade to the top of the deck guard;
[2]
The maximum height of the guard shall be 42 inches as measured from
the top of the finished deck;
[3]
The guard may be constructed of an opaque solid surface as approved
by the Zoning Administrator, or the guard may be constructed to prevent
the through-passage of a sphere with a minimum diameter of 2 3/8
inches and maximum diameter of 4 3/8 inches.
(b)
The yard grade around the perimeter of the swimming pool shall remain
level or slope downward away from the swimming pool a minimum of five
feet from the base of the swimming pool. and the yard grade shall
not be artificially elevated by bringing in fill as to elevate the
pool higher than the existing grades of the property; and
(5)
If the outer wall of an aboveground swimming pool is a minimum of four feet in height, as measured from the finished yard grade to the top of the swimming pool, and the yard grade around the perimeter of the swimming pool remains level or slopes downward away from the swimming pool a minimum of five feet from the base of the swimming pool, then an enclosure as specified above in Subsection F(2), (3) and (4) is not required; provided, however, that the ladder or steps used as a means of ingress/egress to the swimming pool shall be enclosed with one of the enclosures specified above in Subsection F(3)(c).
(6)
For hot tubs only: A fitted cover that is capable
of supporting a minimum of 100 pounds shall be securely fastened to
the outer edge of the hot tub.
G.
Every gate or other opening in the fence or deck enclosing
the swimming pool, except an opening to the dwelling or other main
building of the premises, shall be kept securely closed and locked
at all times when the owner(s) or occupant(s) of the property is not
present at such swimming pool. All such gates shall be equipped with
self-closing and self-latching devices placed at the top of the gate.
H.
Any lighting installed in connection with the pool
shall be shielded and directed downward onto the yard or pool; the
light shall not glare onto adjacent properties or roadways.
I.
No water drained from a pool shall be discharged over
or near any septic tank, septic field or well or onto adjacent properties.
J.
Said swimming pool shall be in compliance of the National
Electrical Code.
K.
Said swimming pool shall not be located within a utility
easement(s) without written permission from the applicable utility
company.
L.
Said swimming pool shall not be located within a drainage
easement.
M.
Said swimming pool shall not be located within any
other easement without written permission from the easement grantor
and the Village.
N.
Said swimming pool shall not block, redirect or cause
a drainage problem for the adjacent or downstream properties.
When a swimming pool is declared by the Zoning
Administrator, Assistant Zoning Administrator or Deputy Zoning Administrator
to be dilapidated or hazardous, the Administrator may order such swimming
pool removed or repaired, and if it is not removed or repaired within
a reasonable time after notice to the owner(s), the Village may remove
the same and charge the cost thereof to the owner(s). Swimming pools
in violation of this chapter shall, upon their repair or replacement,
be repaired or replaced to meet the requirements of this chapter.
