Cedarhurst City Zoning Code
ARTICLE XVI
Swimming Pools
§ 265-121 Scope of provisions.
[Amended 4-18-1966; 5-7-1979 by L.L. No. 23-1979]
A.
Provisions not applicable.
(1)
All swimming pools, as defined in § 265-1, having a capacity of not more than 1,500 gallons, are hereby exempted from compliance with the conditions and MP requirements of said swimming pool ordinance, and no permit or municipal permit fee shall be required for the erection and maintenance thereof.
(2)
All swimming pools, as defined in § 265-1, having a height or depth of less than 18 inches and a width or diameter of less than 12 feet, are hereby exempted from compliance and conditions of said swimming pool regulations, and no permit fee or annual license fee shall be required for the erection and maintenance thereof.
(3)
However, no portable swimming pool exempted as herein noted shall be located in any other location than in the rear yard and shall be at least 10 feet from any rear property line and five feet from any side property line and shall be maintained so as not to constitute a public nuisance to the surrounding neighbors.
B.
Provisions applicable. In cases where the capacity of a swimming pool shall be between 1,500 gallons and 10,000 gallons, the filing fee and annual license fee shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1] In cases where the capacity of a swimming pool shall be over 10,000 gallons, the filing fee and annual license fee shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting. The annual license shall cease and terminate on the 31st day of May and shall be renewed annually thereafter within 30 days prior to the expiration date thereof. All requirements of the swimming pool regulations shall apply to all pools having a capacity greater than 1,500 gallons.
[Amended 6-13-1983 by L.L. No. 10-1983]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
§ 265-122 Construction regulated; permit required.
A.
No swimming pool shall be constructed or erected unless erected on the same lot as an accessory use to a residence unless a permit for the same shall have been issued by the Board of Trustees of the Village of Cedarhurst.
B.
An application for such permit shall be accompanied by plot site and building plans of such pool showing the dimensions, design, location and use of all structures, equipment, drainage, sanitary filtration, water supply and disposal facilities, fencing, covering of pool and such other information as may be required by said Board.
C.
No such permit shall be issued unless said Board of Trustees determines that the public health, safety, comfort and welfare will be secure and that such swimming pool will not be detrimental to the general character of the district or to the orderly development of the Village.
§ 265-123 Fences and gates required.
[Amended 5-4-1964; 11-4-1974 by L.L. No. 3-1974; 5-7-1979 by L.L. No. 23-1979]
Notwithstanding any other provisions contained in the building zone regulations of the Village of Cedarhurst, every swimming pool heretofore or hereafter constructed or maintained shall be enclosed with a fence of such type as is approved by the Building Official of the Village of Cedarhurst; and said fence is to be not less than five feet nor more than six feet in height, flush with the ground, woven wire, rustake or equal and entirely enclosing the area in which the pool is located. Gates giving access to such swimming pool shall be equipped with self-closing and self-locking devices installed on the pool side of the gates.
§ 265-124 Abandonment; duties of owner.
Should the owner abandon a swimming pool, he or she shall fill in or remove the excavation or depression and restore the surface of the ground to its original grade and approximately the same condition as before the pool was installed, and he or she shall further notify the Building Official of the Village of the abandonment so that inspection of the site may be made.
§ 265-125 Location restricted.
[Amended 4-18-1966; 5-7-1979 by L.L. No. 23-1979]
No swimming pool shall be built or maintained except in a rear yard as defined by the building zone regulations of the Village of Cedarhurst. The pool, including the foundation for the purifying apparatus, if any, shall be located not less than 10 feet from the rear lot line and not less than five feet from the side property lines of the premises. In no case shall any portion of the pool or fence be closer than 25 feet to a street line and, in the case of corner plots, not less than 25 feet from the front of the premises and side street line of the premises.
§ 265-126 Area limitations.
[Amended 4-18-1966; 11-4-1974 by L.L. No. 2-1974]
The pool shall not occupy more than 20% of the area of the rear yard excluding all garages or other accessory structures. For the purpose of computing the building area the base for the springboard or diving platform and the foundation for the purifying apparatus, if any, shall be included. Notwithstanding any other provisions contained in the rest of this chapter, the area occupied by the pool shall not be included in computing the maximum percentage of the lot area that may be built upon.
§ 265-127 Bacterial standards prescribed.
The bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools shall be maintained either by chemical treatment or filtration.
§ 265-128 Filing of plans and specifications.
[Amended 4-18-1966; 11-6-1967; 5-7-1979 by L.L. No. 23-1979]
Plans and specifications shall be accompanied by a filing fee which shall be nonrefundable. Said filing fee shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
§ 265-129 Restrictions upon use.
A.
The pool or any auxiliary apparatus of equipment or other device used in connection therewith shall be used in such a manner as not to cause disturbance or annoyance to other residents of the Village. No loudspeaker devices shall be permitted to be used on or near the pool or in connection with the use of the pool.
B.
The pool for night use shall be lighted by underwater lighting only, and the balance of the pool area shall be lighted only with nonglaring lights. All lighting shall be approved by the Building Department of the Village of Cedarhurst. All electrical work shall be performed in accordance with the rules and regulations of the National Board of Fire Underwriters.
C.
A swimming pool located within the Village shall have alarms in strict compliance with the requirements set forth in the New York State Uniform Fire Prevention and Building Code 19 NYCRR 1228.2(c) and (d), and subject to the exceptions set forth in the New York State Uniform Fire Prevention and Building Code 19 NYCRR 1228.2(e).
[Added 8-6-2007 by L.L. No. 12-2007]
D.
The use of a pool, which is an accessory to a residence, by a nonresidential facility is prohibited.
[Added 8-6-2007 by L.L. No. 12-2007]
§ 265-130 Enforcement of provisions.
The Building Official 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 article.[1]
[1]
Editor's Note: Former Sec. 18-229, Penalties, which immediately followed this section, was repealed 1-6-1986 by L.L. No. 3-1986.