East Hills City Zoning Code
ARTICLE XVI
Nonresidential Swimming Pools
§ 271-148 Where permitted.
In any residence district, a plot or parcel of land, hereinafter referred to as the "property" or the "land," having an area of more than one acre, now or hereafter used principally as a church or similar place of worship, in connection with which such use a school for the religious instruction of children is regularly maintained and operated or which such property is used principally as an elementary or secondary parochial school under the supervision of the Board of Regents of the State of New York, and in connection with which such principal use a day camp is operated and maintained by such church, house of worship or parochial school, may, as a special exception, but only when permitted by the Board of Appeals after a public hearing held upon such notice as is hereinafter provided, construct, maintain and use on such property a swimming pool and/or a wading pool and/or a bathhouse, subject to the limitations hereinafter set forth.
§ 271-149 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A building or structure, permanent or temporary, constructed of materials in accordance with any other ordinance of the Village of East Hills pertaining to structures and being in all respects a safe structure in the opinion of the Building Inspector of the Village of East Hills and containing therein lockers, dressing compartments, showers and sanitary facilities.
Male or female persons not younger than three years of age and not older than 16 years of age.
A summer camp for children operated, used, conducted and maintained by an elementary or secondary parochial school, church or similar place of worship, the principal purpose of which camp is the physical, moral and religious education and development of the children enrolled in such day camp. Nothing herein contained shall be deemed to limit the enrollees of such camp to any race, creed or color nor membership in any church or similar place of worship.
Any body of water or receptacle for water of permanent construction and having a depth at any point greater than four feet, used or intended to be used for bathing or swimming, and constructed and installed so that no part or portion of the same shall, at any point, extend more than 12 inches above grade.
Any body of water or receptacle for water of permanent construction and having a depth which does not, at any point, exceed three feet, used or intended to be used for bathing or swimming and constructed and installed so that no part or portion of the same shall, at any point, extend more than six inches above grade.
§ 271-150 Required conditions.
The Board of Appeals, in considering an application for a swimming pool, wading pool or bathhouse, shall not grant the issuance of a special exception therefor unless it shall find, in each instance, that the proposed use of said property for such purposes will not:
§ 271-151 Prohibited conditions.
The application for such special exception shall state and the special exception, if granted, shall provide that:
A.
A day camp is operated and maintained and will continue to be operated and maintained by the applicant for the purposes provided for in § 271-148.
B.
The number of children enrolled in such day camp shall at no time exceed 500 in number.
C.
No such pool or bathhouse shall, at any time, be used by any person or persons other than children duly enrolled as day campers and the persons then employed for and at such times engaged in supervising such children as are then actually using such pool or bathhouse.
D.
No pool or bathhouse shall be operated, used or maintained in a manner contrary to any federal, state, county, town or water district law or ordinance having jurisdiction over the same, but no such law or ordinance shall extend or permit the use of the same beyond the limitations herein provided for.
E.
No pool or bathhouse shall be used more than five days in each week, Saturdays and Sundays excluded, and the hours of use shall be not earlier than 9:00 a.m. nor later than 5:00 p.m.
F.
No pool or bathhouse shall be used prior to June 15 nor later than Labor Day in any year.
G.
No pool or bathhouse shall be erected or connected upon the property within 50 feet of any side or rear property line or within 100 feet of any front line and shall not be placed closer than 100 feet from any building, except a bathhouse building, and no part of any pool or bathhouse shall be constructed or erected in or project into any side yard.
H.
The Board of Appeals may impose such additional limitations or restrictions as, in its discretion, it may deem necessary or appropriate.
§ 271-152 Inspections.
As a condition precedent to the granting of any special exception hereunder, the applicant shall file, together with the application, an irrevocable consent, in form and content satisfactory to the Board of Trustees, giving to said Board of Trustees and any person so designated by said Board the right to enter upon the property for the purpose of inspecting the property and its use for such day camp or pool and the investigation of any complaint made with respect thereto.
§ 271-153 Term of exception; revocation.
Any special exception granted pursuant to this article shall be for a period of one year from the date of granting and shall thereafter continue from year to year unless the Board of Trustees shall, for good cause, revoke or cancel the same. Violation of any provision, prohibition, condition or limitation contained in this article shall, in and of itself, constitute good cause for revocation or cancellation. The Board of Trustees shall give notice of a revocation or cancellation hearing, which hearing shall be held on not less than 10 days' notice to the then owners or user of the property, and which notice shall be in writing and shall set forth the grounds for such proposed revocation or cancellation, and such notice shall be sent by registered or certified mail, return receipt requested, and shall be mailed not later than 10 days prior to the hearing date therein specified.
§ 271-154 Safety precautions.
In order to safeguard the general safety of the community and particularly the children thereof and the children using said pool or pools and to ensure the public health of the community generally, the following additional, specific conditions are hereby imposed on all pools:
B.
No such pool shall be closer than 30 feet from any cesspool, septic tank, sanitary sewer line or dry well, excluding roof-leader dry wells of any bathhouse.
D.
Any water from a public water supply shall be introduced into a pool by means of a permanent, rigid system of piping, having an air-gap-delivery connection of not less than six inches vertically above the flood rim of the pool and shall in every manner conform to Regulation 6 of Chapter VI of the New York State Sanitary Code.
E.
Every pool shall have a recirculating and filtering system of sufficient capacity to meet good public health and engineering practice, and no pool shall be used during any time that such filtering system is not in operation.
G.
No pool, pools or bathhouse, either singly or in combination, shall occupy more than 10% of the area of the rear yard.
H.
A fence at least five feet in height and of the chain link type shall be erected, completely enclosing the pool or pools. There shall be only one opening through said fence, and this shall be by a gate or door equipped with a self-locking and self-latching device designed to keep and capable of keeping such gate or door securely closed at all times and locked when the pool is not in actual supervised use. Said fence shall be erected at least 10 feet from the edge of any pool and at least 40 feet from any property line. Adornment of any nature shall not be permitted on any part of such fence, nor shall shrubs or plantings be permitted which would, in any way, screen the view of any such pool.
I.
A cement walkway of at least 10 feet in width shall be built on all sides of any pool.
K.
Water drained from any pool shall be completely drained on the property where such pool is located and into a dry well which shall not be located any closer than 20 feet to the nearest cesspool, septic tank or sanitary waterline, whether on the property of the owner of such pool or on the adjoining property.
L.
See § 271-143A(5).
M.
See § 271-143A(6).
N.
See § 271-143A(7).
§ 271-155 Application procedure.
A.
Every application for a special exception for a swimming pool, wading pool or bathhouse, whether singly or in any combination, shall be in writing and shall be accompanied by proof of service of written notice to all property owners in the Village of East Hills owning property within 200 feet of any property line of the applicant's property, together with plans in duplicate in sufficient detail to show:
(1)
Location and size of the entire plot.
(2)
Location of the site in relation to owners of property within 200 feet of the said property.
(3)
Location and size of all existing buildings and structures on the property.
(4)
Location of all cesspools, septic tanks and sanitary sewer lines within 50 feet of any pool or pool dry well.
(5)
Size and location of pool or pools, constructions and additions, including dimensions, design and elevation thereof, drainage, sewerage, sanitary facilities and safety walkway around pool, fences and location thereof in relation to such pool.
(6)
Location of all electrical wiring and lines.
(7)
Computation showing percentage of land used.
(8)
Breakdown of estimated cost used in the application.
B.
Any and all plans must be prepared or approved and signed by a registered architect and shall be accompanied by a certification by a professional engineer, licensed by the State of New York, that the drainage of any pool is sufficient and will not interfere with the public water supply system or with existing sanitary facilities or with the public highways.
§ 271-156 Fees.
Fifty dollars shall accompany the application for each pool and each additional structure, plus the additional fees payable for construction of a structure, including pools, established by Article XIV of this chapter.
§ 271-157 Bond.
A surety bond in the sum of $500 shall be posted by each applicant to guarantee the reimbursement to the Village for any damages sustained to its highways or other property arising out of the construction of any pool or bathhouse.
§ 271-158 Enforcement.
The Building Inspector is hereby charged with the duty of enforcing this article, and it is herewith specifically provided that the Building Inspector shall have the authority to enter upon any private premises in the Incorporated Village of East Hills for the purpose of determining whether or not the provisions and requirements of this article have been complied with in the construction, use or maintenance of any pool or bathhouse.
§ 271-159 Aboveground structures.
Any pool or bathhouse requiring any structure above ground shall be supported in a safe and substantial manner and shall conform to the Building Code[1] of the Incorporated Village of East Hills and shall be subject to approval by the Building Inspector.
§ 271-160 Penalties for offenses.
Violation of this article shall, in addition to any remedies or penalties hereinbefore provided for, also be punishable as provided in § 271-137 and all subsections thereof, as it presently provides or as may hereafter be amended.
§ 271-161 Notice of hearing.
Notice of public hearing on an application for any special exception, as herein provided for, shall be given by the Village Clerk by the publication of a notice in the official newspaper of the Village specifying the time when and the place where such hearing will be held and in general terms describing the application. Such notice shall be published once at least seven days prior to the date specified for such hearing. In the event that such hearing shall not be concluded on the day so noticed or if such public hearing shall be adjourned, no further notice or publication shall be required.