Town of Ontario, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ontario 5-11-1970. Amendments noted where applicable.]
Electrical standards — See Ch. 68.
Excavations and fill — See Ch. 75.
Building code administration — See Ch. 80.
Water — See Ch. 146.
Zoning — See Ch. 150.
[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 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.
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.
No swimming pool shall be constructed, built or erected without a building permit having been issued therefor.
Each application for a building permit to construct, build or erect a swimming pool shall be accompanied by plans in sufficient detail to show:
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.
The pool dimensions, depth and volume in gallons.
A waste-disposal system.
An estimate of the cost of said pool.
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.
Editor's Note: See Ch. 150, Zoning.
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.
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.
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.
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.
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.
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.
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.
A permit, once revoked, may not be reinstated, but an application may be made to the Town Board for a new permit.
Sections 128-5 and 128-6 herein shall apply to existing pools, and owners of said pools shall have 60 days to comply with these sections or to apply to the Town Board to waive the requirements of these sections.