[HISTORY: Adopted by the Town Board of the
Town of Ontario 5-11-1970. Amendments noted where applicable.]
[Amended 12-27-2006 by L.L. No. 6-2006]
As used in this chapter, the following terms
shall have the meanings indicated:
A portable or permanent swimming pool or tank, artificially
constructed, installed and maintained, used primarily for bathing
or wading, with an area of more than 120 square feet and a depth of
more than 24 inches.
A portable or permanent pool, container, device or structure
manufactured and sold as a wading pool or play pool and so placed
upon the ground that, when filled with water, it is suitable for or
is used as a swimming, wading or play pool for children, and the depth
of which is 24 inches or less.
A.
A swimming pool may be permitted in any zoning district
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 his guests.
B.
A swimming pool may be permitted in any zoning district
when said use is not an accessory structure to a principal building
used for residential purposes only upon application to the Zoning
Board of Appeals in accord with this chapter.
A.
No swimming pool shall be constructed, built or erected
without a building permit having been issued therefor.
B.
Each application for a building permit to construct,
build or erect a swimming pool shall be accompanied by plans in sufficient
detail to show:
(1)
A plot plan of the property on which the pool is to
be placed, showing the location of the pool in reference to side lines,
rear lines and other buildings on the lot.
(2)
The pool dimensions, depth and volume in gallons.
(3)
A waste-disposal system.
(4)
An estimate of the cost of said pool.
(5)
The location of fence around pool.
No swimming pool or wading pool shall be built,
constructed, erected or placed nearer to the side, rear or front lot
lines than the side, rear or front setback lines established by the
Zoning Ordinance of the Town of Ontario[1] for the district in which the pool is located.
A.
All swimming pools shall be surrounded and totally
enclosed by a substantial fence or wall four feet in height to guard
against accidental or unauthorized entry. Such fence shall be equipped
with a self-closing and self-latching gate capable of being locked
with its latch located only on the inside of the gate, except where
such swimming pool is suitably protected by a wall or walls of an
accessory or main structure on the premises. Any door in the wall
or entrances through an accessory or main structure shall also be
self-closing and self-latching. Said fence shall not be of a nature
so as to be dangerous in and of itself and shall have no opening larger
than two inches in width and shall be placed in a minimum of four
feet from the walls of the swimming pool.
B.
An aboveground pool with no part of its side wall
height less than four feet above ground and so constructed by the
manufacturer that the vertical sides are smooth, sheer and do not
provide any means for intermediate foot- or handholds shall be exempt
from the full provisions of the above fence requirement. However,
a full-height fence with a self-closing, self-latching gate capable
of being locked shall enclose the ladder area not less than four feet
in width and four feet in depth, and the ladder shall remain permanently
therein. Aboveground pools provided with foot- and handholds (drawbanded)
and aboveground pools less than four feet in side wall height above
ground are not exempt from the full fencing requirement.
C.
The Town Board may waive or change the requirement
for a fence considering the size of the lot on which the pool is located,
the proximity to neighboring properties and the distance of said pool
to lot lines or where, in its opinion, the design or construction
of the pool in and of itself provides a sufficient fence.
A.
Lights on any pool shall be arranged so that they
are not a nuisance or any annoyance to the neighboring property. They
shall be so designed as to be directed on the pool or the adjacent
area and shall not illuminate the neighbor's premises.
B.
All electrical installations in or near swimming pools
shall be in strict accord with the National Electrical Code, Article
680. All wiring for such installations shall be underground.
No person shall leave a wading pool uncovered
and unattended in such a location or in such a manner as to create
a hazard to children living in the neighborhood.
All drainage for swimming pools shall be so
designed for swimming pools so as not to interfere with the public
water supply system, with existing sewage and drainage facilities,
with the property of others or with public highways.
[Amended 11-23-2015 by L.L. No. 5-2015]
In considering an application under § 128-2B of this chapter, the Zoning Board of Appeals shall apply the requirements of this chapter and shall set other reasonable requirements which shall be consistent with the proposed use of the property and the existing use of the neighboring properties. The Zoning Board of Appeals may require that the drainage system for such pools be approved by the Code Enforcement Officer and may require that the filtration and chlorination system of said pools be of adequate design and capacity so as to protect the safety and health of the users of the pool and the general public of the Town of Ontario.
[Amended 1-11-1988 by L.L. No. 1-1988]
Any and all persons who shall violate any of
the provisions of this chapter or who shall fail to comply there with
or shall fail to comply with any detailed statement of specifications
or plans submitted and approved thereunder or any certificate or permit
issued thereunder shall severally, and for each and every such violation
and noncompliance respectively, be subject to a fine not to exceed
$250 or imprisonment for a term not to exceed 15 days, or both, for
each and every refusal to comply with an order and for each and every
day that a violation exists, as the case may be.
A.
The Town Board shall have the power to revoke any
permit issued hereunder for the failure or refusal of any person to
comply with an order issued pursuant hereto or because of the failure
or refusal of any person to remedy any noncompliance with the provisions
hereof within 10 days after notice thereof.
B.
Before a permit may be revoked by the Town Board,
it shall hold a hearing upon five days' written notice, directed by
United States mail, to the holder of such permit. Such notice shall
specifically state the nature of the hearing, the time and place where
the same will be held and the cause for which the permit is sought
to be revoked.
C.
A permit, once revoked, may not be reinstated, but
an application may be made to the Town Board for a new permit.
