[Amended 11-28-2018 by L.L. No. 1-2018]
This chapter shall apply to swimming pools as defined in Chapter
300, Zoning, §
300-6, and located on residential premises for private use only. The provisions hereof shall be applicable to a permanent or semipermanent type pool used for bathing or swimming, except portable wading pools not meeting the definition of “pool, swimming” in §
300-6.
[Added 11-28-2018 by L.L.
No. 1-2018]
In addition to the requirements of this chapter, swimming pools
shall comply with the New York State Uniform Fire Prevention and Building
Code, including compliance with the International Swimming Pool and
Spa Code.
[Amended 4-26-2023 by L.L. No. 7-2023]
The building line of a pool shall be considered to be the inside
face of the pool wall at the normal level of the water surface. Such
building line shall be not less than 15 feet from the rear lot line,
not less than 20 feet from each side lot line and not nearer to the
front line than 60 feet. All swimming pools shall have a minimum of
10 feet setback from all structures, excluding decks which shall have
a minimum of four feet setback from swimming pools. All measurements
shall be to the water's edge.
[Amended 12-13-1995 by L.L. No. 9-1995; 4-24-2013 by L.L. No. 3-2013; 11-28-2018 by L.L. No. 1-2018]
All in-ground pools shall be entirely enclosed by a fence not
less than four feet high separating the pool from all lot lines. Portions
of exterior walls of buildings or structures may be used for this
purpose. Said enclosure shall be no closer than four feet to the inside
edge of the pool on the entire perimeter. Gates shall be self-closing
and equipped with a self-locking device. Fences constructed for pool
safety only do not require a variance from the Zoning Board of Appeals
as long as they do not exceed five feet in height with a maximum length
of 200 linear feet and of open construction.
Lighting equipment shall be located, directed and shielded to
prevent annoyance to adjoining properties.
A swimming pool shall be construed to be an accessory residential
structure subject to all applicable provisions of local ordinances
and building regulations.
Except for swimming pools exempt from permit requirements in accordance with §
117-4B(2) of the Town Code, no swimming pool shall be constructed or maintained unless a permit therefor is obtained. No permit shall be issued therefor until the construction plans and location map have been filed with and approved by the Building Inspector.
[Added 12-13-1995 by L.L.
No. 9-1995]
The Zoning Board of Appeals shall have the authority to vary the provisions of this chapter pursuant to Chapter
300, Zoning, of the Code of the Town of Ogden.
[Added 12-13-1995 by L.L.
No. 9-1995]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction, be subject to a penalty of
not more than $250 or to imprisonment for a term not to exceed 15
days, or both. Each day's continued violation shall constitute a separate
offense.