[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:
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]
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]
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]
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.
