Village of Fayetteville, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 8-27-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 187.
As used in this chapter the following terms shall have the meanings indicated:
SWIMMING POOL
An artificial body of water or receptacle for water over two feet in depth at any point or having a surface area exceeding 100 square feet and used or intended to be used for swimming or bathing and including all appurtenant docks, walks and equipment constructed, installed and maintained in or above the ground outside of the principal structure to which the pool is accessory, and maintained by an individual for the sole use of his household and guests without charge or the purpose of profit and not in connection with any business operated for profit, located as an accessory use on the same lot as his residence.
The provisions of this chapter shall not be applicable to municipally and county-owned and -operated swimming pools.
The provisions of this chapter shall be enforced by the Village Board of Trustees, its employees, agents and servants.
[Amended 6-22-1981 by L.L. No. 4-1981]
A. 
Application. No person shall construct or install a private swimming pool without first having applied for and secured approval of the issuance of a permit therefor from the Codes Enforcement Officer on such form as may be prescribed. Such application shall be accompanied by plans and specifications and sufficient detail to show the following:
[Amended 1-14-1991 by L.L. No. 1-1991]
(1) 
Pool dimensions, depth, volume in gallons, the distance of the pool from all lot lines, existing and proposed structures and septic tanks and their fields, if any.
(2) 
Pool fencing.
B. 
Issuance. The Codes Enforcement Officer, after finding that the application and plans and specifications comply with the provisions hereof, shall approve the issuance of a permit for the construction or installation of such pool. All work shall conform to the approved application, plans and specifications.
[Amended 1-14-1991 by L.L. No. 1-1991]
C. 
Fee. The fee for a permit required by this chapter shall be $10.
A person may maintain and operate a swimming pool as an accessory use on property owned by the person, subject to the regulations set forth in this chapter.
Swimming pools shall be considered in the calculation of lot coverage to the extent to which their gross area exceeds 15% of the total area of the lot; provided, however, that for swimming pools the water levels of which are at or below the surface of the ground, the gross area occupied by all appurtenances which are situated beyond a point four feet from the perimeter of the water shall be subject to the lot coverage requirement as set forth in zoning regulations for the municipality in which the lot is located.[1]
[1]
Editor's Note: See Ch. 187, Zoning.
All swimming pools and the appurtenances thereto shall be constructed and located so as to have a yard not less than 10 feet in width on all sides except where the pool is attached to or part of a principal structure.
All swimming pools constructed on corner lots shall conform to the setback required for a principal residential structure on the secondary or side street.
A. 
Generally. For the protection of the general public, all swimming pools as defined in this chapter shall be effectively fenced by an artificial enclosure not less than four feet in height surrounding either the property or the pool area, strong enough to make the pool inaccessible to small children. The fencing shall be opaque or made so by plantings such as bushes or trees.
B. 
Aboveground pools. For pools projecting above the ground and which are self-enclosed by the exterior projections thereof, said enclosures shall be constructed to satisfy the requirements of this section, provided that they are not less than four feet in height above the ground.
No person may use a floodlight to illuminate a swimming pool if the floodlight casts light directly on adjoining property. No person may use another kind of light to illuminate a swimming pool if it unreasonably annoys the occupants of adjoining property.
A. 
Location. Pool heating, filtering, disinfecting and recirculating equipment shall not be located at any point within five feet of adjacent property lines.
B. 
Screened and enclosed. All pool maintenance equipment shall be effectively screened and enclosed so as not to adversely affect the character of surrounding properties.
C. 
Restrictions. No equipment shall be permitted the use of which by reason of the emission of noise, vibrations, dust or odors would be considered obnoxious or dangerous to the health and safety of the public.
D. 
Filtration. No swimming pool, whether of permanent or plastic construction, shall have a water capacity in excess of 7,500 gallons without a recirculating and filtering system of sufficient capacity to meet good public health and engineering practice.
A. 
See Ch. 113, Penalties for Offenses.
[Amended 1-14-1991 by L.L. No. 1-1991; 1-23-2012 by L.L. No. 4-2012]
B. 
Injunction. The Village may maintain a suit to enjoin the continuance of a violation.
C. 
Existing remedies. The remedies provided by this section do not affect any remedy otherwise provided by general law or any special statute.
[Added 10-5-1987 by L.L. No. 6-1987]
A. 
The Zoning Board of Appeals of the Village of Fayetteville may in appropriate cases vary or modify the application of this chapter in harmony with its general purposes and intent to prevent and minimize undue hardship.
B. 
Any person aggrieved by any decision of the Village Board of Trustees and/or the Codes Enforcement Officer relative to the provisions of this chapter may appeal such decision to the Zoning Board of Appeals as provided in the zoning regulations of the Village of Fayetteville[1] and shall comply with all procedural requirements prescribed by such Zoning Board of Appeals.
[Amended 1-14-1991 by L.L. No. 1-1991]
[1]
Editor's Note: See Ch. 187, Zoning.
C. 
Any person aggrieved by any decision of the Zoning Board of Appeals may have the decision reviewed by a Special Term of the Supreme Court in a manner provided by Article 78 of the Civil Practice Law and Rules.