[HISTORY: Adopted by the Town Board of the Town of Ogden 5-9-1962 (Ch. 179 of the 1995 Code). Amendments noted where applicable.]
[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.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Former § 179-7 of the 1995 Code, Existing swimming pools, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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.