As used in this chapter, the following terms shall have the meanings
indicated:
ABOVEGROUND SWIMMING POOL
All swimming pools having all or any section of their exterior wall
above the surrounding ground level.
IN-GROUND SWIMMING POOL
All swimming pools having their entire water surface below the level
of the surrounding ground.
PERMANENT CONSTRUCTION
The installation of an above- or below-ground swimming pool which
requires more than a one-foot excavation for any part of the pool, and/or
constructed of concrete, wood, metal or other material and/or encircled or
partly encircled by a deck or platform, any part of which cannot be dismantled
for storage.
SAFETY LADDER
One that is capable of being raised and fastened when not in use.
SWIMMING POOL
All private or semiprivate swimming, bathing and wading pools, ponds
or tanks above or below the ground of a permanent or temporary nature, which
have a depth of more than 24 inches and/or a water surface of more than 100
square feet and which are excavated, erected, constructed or created by damming
of a stream, whether out of doors or inside a structure or building.
A.
A swimming pool shall be deemed to be a structure under Chapter
190, Zoning, and, where applicable, all work must be done in accordance with the New York State Uniform Fire Prevention and Building Code.
B.
A swimming pool may be permitted only as an accessory structure to a
principal building used for residential purposes. Said pool shall be for the
exclusive use of the occupants of the principal building and their guests.
C.
A swimming pool may be permitted, when said use is not as an accessory
structure to the principal building, only upon application to the Zoning Board
of Appeals in accordance with this chapter. Pools used normally by the public,
such as clubs, etc., must comply with the New York State Board of Health regulations.
TEMPORARY CONSTRUCTION
The installation of an aboveground swimming pool which requires less
than a one-foot excavation for any part of the pool, with no platform encircling
or partly encircling the pool, other than an entrance platform four feet by
four feet maximum size, all of which can be dismantled and stored.
The location of a permanent or temporary swimming pool on the property
must:
A. Not be placed in the front yard.
B. Be at least 10% of the lot width distant from any side
yard line and rear yard line, but in no event less than five feet distant
from either the side yard line or rear yard line.
C. Be at least 15 feet from any house basement.
D. Be at least 20 feet from any active well, septic tank,
leach bed, etc., unless conditions warrant a lessening of this distance.
E. Not endanger the health and/or safety of its users and
not unduly interfere with the use and enjoyment of the adjacent property.
Every swimming pool presently constructed or installed or hereafter
constructed or installed shall be maintained at all times in such manner as
never to constitute a public nuisance, a hazard or a menace to health or safety.
Any such hazard which may exist or develop in or in consequence of or in connection
with any such swimming pool shall be forthwith abated and/or removed by the
person in possession, owning or having jurisdiction over such pool, upon receipt
of notice from the Department of Public Works.
Use of a swimming pool shall be in a reasonable manner and at reasonable
times so as not to cause undue discomfort and/or annoyance to adjacent residents
[Amended 9-7-1999 by L.L.
No. 2-1999]
A person who shall violate any provisions of this chapter or who fails
to comply therewith or who shall violate or fail to comply with any order
or regulation made thereunder shall be subject to a maximum fine of $250 or
imprisonment for not more than 15 days, or both such fine and imprisonment.