A.Â
A private in-ground swimming pool, as regulated herein,
shall be any structure or container used for swimming or wading, not located
within a completely enclosed building, and containing, or normally capable
of containing, water to a depth of any point below ground level.
B.Â
No such private swimming pool shall be allowed in any
residence district except as an accessory use and unless it complies with
the following conditions and requirements.
All pools defined in § 238-1 shall be used exclusively by the occupants of the principal use of the property upon which the pool is located, and their guests. The owner of a vacant lot or parcel of land adjacent to premises occupied by the owner as a residence may construct an in-ground swimming pool upon such vacant lot or parcel of land for the sole use of the owner or occupants of the premises adjacent to such vacant lot or parcel of land, and their guests. Such in-ground swimming pool shall be constructed upon the vacant lot or parcel of land so that the location of such swimming pool will not prevent the construction of a residence on that vacant lot or parcel of land. In the event of the sale of the lot or parcel where the swimming pool is located which does not include the sale of the adjacent residence, the new owner thereof shall not be permitted to use such swimming pool until a residence has been constructed upon such lot or parcel of land in accordance with applicable ordinances of the city.
[Amended 7-13-2004 by Ord. No. 2240]
Each pool defined in § 238-1 shall be constructed in the rear yard area only as specified under § 275-42F(2)(b). The pool shall be constructed a minimum of five feet from a rear or side lot line.
[Amended 6-19-2001 by Ord. No. 2142]
Every in-ground private swimming pool shall be completely surrounded
by a fence or wall not less than four feet in height, but not to exceed six
feet in height, which shall be so constructed as not to have openings, holes,
or gaps larger than four inches in any dimension, except for doors or gates.
A dwelling house or accessory building may be used as part of such enclosure.
All gates or doors opening through such enclosures shall be equipped with
an inside self-closing and self-latching device for keeping the gate or door
securely closed at all times when not in actual use, except that the door
of any dwelling which forms a part of the enclosure need not be so equipped.
The requirement of this subsection shall be applicable to all private in-ground
swimming pools, whether constructed before or after the effective date of
this section, other than indoor pools. No water shall be placed in any swimming
pool requiring fencing as provided herein until such fencing is erected and
the pool and fence are inspected and approved by the Chief Building Inspector.
Prior to the installation of an in-ground pool, the owner of the property
on which such installation is made shall obtain a building, plumbing and electrical
permit from the Chief Building Inspector. The fee for such permit shall be
set by the Common Council.
A.Â
The application for a permit for such in-ground pool
shall be made at the office of the Chief Building Inspector. Such application
shall be made by the owner of the land upon which a private swimming pool
is proposed to be constructed and shall contain the address of the location
of the proposed swimming pool. The application shall contain the following
additional information:
(1)Â
A description of the land upon which the private swimming
pool is proposed to be constructed.
(2)Â
Type of material proposed to be used in construction
of the private swimming pool.
(3)Â
Size of proposed private swimming pool.
(4)Â
Type of material and height of fence proposed to be constructed
around private swimming pool or property upon which the private swimming pool
is proposed to be constructed.
B.Â
The application shall be accompanied with a plat plan
drawn to scale showing all existing buildings upon said premises, the location
of the private swimming pool, the distance therefrom to the existing buildings
on said premises, the distance from said private swimming pool to the exterior
boundary of said lot or parcel of land, the distance to the right-of-way line
of any existing street or highway adjacent to said premises and the location
of the sewage disposal facilities, including septic tank and filter bed area.
Draining of pools or discharge of filters or any other equipment shall be
directed to roadside ditches, drainage easements, or storm sewers and shall
be done in such a manner that no water flows onto abutting properties.
No overhead electrical wires are permitted above said pools.
A recirculation and purification system for the swimming pool as recommended
by the manufacturer shall be installed and shall be operated to maintain minimum
purification standards set by the State of Wisconsin.
[Amended 7-13-2004 by Ord. No. 2240]
The pool shall be constructed a minimum of 15 feet from any seepage
bed and five feet from any septic tank unless a more restrictive standard
is established by the State of Wisconsin, in which case a more restrictive
standard shall apply.