As used in this chapter, the following terms
shall have the meanings indicated:
ABOVEGROUND SWIMMING POOL
Any swimming pool that has its highest elevation more than
six inches above any portion of the adjoining grade within five feet
of the swimming pool.
[Added 6-22-2020 by L.L. No. 2-2020]
SWIMMING POOL
Any outdoor structure, tank or excavation intended for or
used for the purposes of bathing or swimming by a resident of the
Village of Kings Point, the members of his household and guests and
located on a lot as an accessory use to a residence, but such term
shall not be deemed to include a portable wading pool located above
ground and containing not more than 90 square feet of water surface
and having a maximum depth of 24 inches or less.
[Amended 2-8-2018 by L.L.
No. 3-2018]
A. To promote
safety and to prevent accidental injury to or drowning of children
or others, every swimming pool heretofore or hereafter constructed
or maintained shall be completely enclosed with a fence so constructed
as to prevent persons, including children, from passing through the
same, such fence to be not less than four feet in height and entirely
enclosing the area in which such pool is located. Gates giving access
to such swimming pool shall be of the same height and material as
the fence and shall be equipped with self-latching devices and shall
be closed and latched at all times when the pool is not in use by
the occupant of the premises or his guests. All fences, gates and
latches shall be maintained in good operating condition.
B. All such
fencing shall meet the requirements for such swimming pool fencing
as set forth in the New York State Uniform Fire Prevention and Building
Code, as such Code may be amended or superseded by the State
of New York from time to time.
C. All such fencing shall also meet the requirements for fencing set forth in §
161-35 of this Code. In the event of any conflict between the New York State Fire Prevention and Building Code and this Code, the stricter of the requirements shall apply.
No swimming pool and no appurtenant equipment
or structure to such swimming pool shall be built, constructed, erected
or maintained in a front yard or closer than 20 feet to the rear or
side property lines of the premises.
Upon application to the Board of Appeals, based upon the location of the swimming pool, the topography of the land and/or the proximity of the swimming pool to existing structures or structures to be constructed contemporaneously with the swimming pool, the Board may grant a variance from §
140-3 of this chapter.
Should the owner abandon a swimming pool, he
shall fill in or remove the excavation or depression and restore the
surface of the ground to its original grade and to approximately the
same condition as before the pool was installed, and he shall further
notify the Building Inspector of the Village of the abandonment so
that inspection of the site may be made.
[Added 6-22-2020 by L.L. No. 2-2020]
Aboveground swimming pools are prohibited.
In addition to any other penalties provided
for, the Building Inspector shall be empowered to enforce the regulations
herein set forth and to compel the removal of any swimming pool that
fails to meet the requirements of this chapter or of a permit issued
for the construction of such pool.