Above ground pools/amending the bylaws & covenants

Our subdivision currently has the following rules on swimming pools.

"No portable swimming pools of any type which be dismantled and moved and which has sides or walls of more than 24 inches in height will be allowed. No "inground" pools and appurtenant structures will be permitted without prior approval of the Architectural Review Committee."

We are trying to go about amending that rule and getting the 90% approval from our homeowners to make the amendment, but need help and suggestions in the verbiage of the new rule.

We want to allow the above ground pools but have the following issues:

1.) The county does not require a fence, but we feel that a fence should be mandatory if erecting an above ground pool.
2.) Can we restrict the size of the pool?
3.) Can we determine the dates that the pools can be open and when they need to be closed by?
4.) Can we determine the material that the pool is made of? (ex. fiberglass, plastic, metal, etc?)
5.) Can we place verbiage stating that the pool must be well maintained both inside and out? and due to "west nile virus" include verbiage about no standing water unless it is treated for West Nile?

If there are any members of this site that currently have a subdivision that allows above ground pools, can you let me know how your rules read? or if there is anyone out there that can help us with the verbiage on how the new rule should read? We would really appreciate the help. Time is of the essence for us as we have a homeowner that has already erected an above ground pool against the rules of the subdivision and we are trying to work with them on getting the approval for the amendment. We've already advised them that we'd like to work on this with them, but in the event that we don't get the 90% approval from the homeowner's that the only recourse we have is to have the pool removed. Any thoughts?

Our association allows above ground pools 'subject to approval by the architectural review committee'. This is how we restrict what is installed- by the approval process.

I don't know that you can restrict when the pools are open and closed. But although we 'allow' the pools, we now require: color to be tan or other neutral color. No pool can exceed 48 inches in height including the minimum 24" railing which is required by our town. Pump and filter equipment must be placed at a location that will not be a disturbance to neighboring properties (no one wants a pump next to their bedroom window...). Depending on lot size, restricted to 24 feet or less in size.

Because of our height restrictions, owners can't get a permit from the town without a fence around the pool.

there is a fear that later Boards will allow more than our present one- and we have considered changing the rules formally. We need 2/3 membership vote. We can't even get more than 100 people at our annual meeting (our of 300)

Lisa