Islandia City Zoning Code
ARTICLE XII
Swimming Pools
§ 177-81 Definitions.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.
Any swimming pool which is entirely self-supporting and at no point is more than 18 inches below the existing or finished grade.
The average natural surface of the ground or surface of the ground after completion of any change in contour in the area where the swimming pool is or is to be situated.
Any swimming pool which at any point is more than 18 inches below the existing or finished grade.
Any swimming pool constructed, installed or maintained as any accessory use on the same lot with a one- or two-family dwelling, intended solely for the private use of any occupant of such dwelling and such occupant's family and guests.
Any swimming pool which is not a private swimming pool as defined above.
Any body of water in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for public, semipublic or private swimming by adults or children or both adults and children, whether or not any charge or fee is imposed upon such adults or children, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a "swimming pool."
§ 177-83 Installation requirements; permits.
No swimming pool shall be constructed, installed, used or maintained in any district except in compliance with this article and after a permit therefor has been procured from the Village Board.
A.
Any outdoor swimming pool having a depth of 18 inches or less and an area of 100 square feet or less shall be either enclosed by a durable wall, barrier or fence as described in Subsection B below unless such outdoor swimming pool is covered with a suitable strong protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it shall support a minimum dead weight of 200 pounds.
[Amended 2-1-1996 by L.L. No. 2-1996]
B.
Every outdoor swimming pool having a depth of more than 18 inches or an area of more than 100 square feet now existing or hereafter constructed, installed, established or maintained shall be completely and continuously surrounded by a permanent durable wall, fence or barrier which shall be located not less than four feet from the furthest outside projection of the swimming pool and which shall be no more than six feet nor less than four feet in height above grade and shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension; provided, however, that if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed two and one-half (21/2) inches.
(1)
All walls, fences or barriers shall be constructed in accordance with requirements of the State Building Construction Code and in conformity with all sections of the Code of the Village of Islandia.
(2)
No wall, fence or barrier of any kind shall be constructed or maintained which shall contain projections at any point on its outer surface which present a substantial opportunity or risk of unauthorized access to the swimming pool. Stockade-type fences may be erected with either side facing out.
(3)
A dwelling house or accessory building may be used as part of such wall, fence or barrier.
(4)
All gates and doors used in conjunction with such wall, fence or barrier shall conform to be the above requirements as to height and dimensions of openings, mesh, holes or gaps, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times. All gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that the door of any dwelling which forms a part of the wall, fence or barrier need not be so equipped or locked.
(5)
Any ladder, diving board or other means of access to such swimming pool shall be completely enclosed by a durable wall, fence or barrier, and such wall, fence or barrier and any gate therein contained shall meet all other requirements set forth in this subsection.
D.
Said distances shall be measured from the water's edge in an in-ground pool and from the outside edge of the structure of an aboveground pool.
E.
Every aboveground swimming pool which employs the use of any electrical device in connection therewith shall be equipped with a ground fault interrupter approved by Underwriters' Laboratories, Inc. All electrical devices used in connection with such swimming pools shall have Underwriters' Laboratories, Inc. approval.
[Amended 2-1-1996 by L.L. No. 2-1996]
F.
Any private swimming pool with a water depth of more than 18 inches shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.
G.
Public swimming pools.
(1)
No work shall be commenced on the construction or installation of any public swimming pool, including excavating or removing of sand, gravel, topsoil or other materials, until the plans and specifications shall contain a certificate by a professional engineer licensed by the State of New York that the drainage of such swimming pool is adequate and shall not interfere with the public or private water supply system, with existing sanitary facilities or with the public highways.
(2)
Every public swimming pool shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department.
H.
During the course of construction of an in-ground swimming pool, a temporary fence shall be erected as required by the Village Board.
I.
No water shall be put or caused to be put in any swimming pool unless a wall, fence or barrier as required by this chapter shall have first been erected.
J.
In the event that an owner shall cease to use and maintain any swimming pool in a safe condition, he shall forthwith fill all voids and depressions and restore the premises to the same grade and condition as before the swimming pool was constructed and shall accordingly notify the Building Inspector when said restoration has been completed.
§ 177-84 Percentage of rear yard occupancy.
Such pool shall not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.
§ 177-85 Use of front yards.
A.
In the case of a motel, hotel, apartment house or town house, no pool shall be erected, maintained or used in a front yard unless minimum front yard setbacks of 35 feet from all streets are maintained.
B.
In the case of a private residence which fronts on two or more streets, corner lots excepted, the following rules shall apply:
C.
In all other cases, no pool may be erected, maintained or used within the front yard.
§ 177-86 Loudspeakers and lighting.
Unreasonable and excessive lighting or the use of bright-colored banners and whirling pennants or loudspeaker devices which can be heard beyond the property line and other such novelties shall be prohibited at all times. Floodlighting shall not be installed or maintained in any manner that would allow any rays to fall beyond the property lines. Floodlighting shall not be permitted after 10:00 p.m. Any lighting which impairs the vision or creates a hazard or nuisance is prohibited.
§ 177-87 Drainage.
All swimming pools shall be provided with adequate drainage. Said drainage shall be adequately contained or drained upon the premises on which said pool is located.
§ 177-88 Drawings and plans.
A.
All drawings and plans for the construction, erection, installation or alteration of any pool shall be submitted to the Village Board for examination and approval as to location and construction.
B.
Plans and drawings shall show lot lines and shall include information pertinent to the pool, fence, construction, water supply system, drainage, water disposal system and all appurtenances as well as detailed plans.
C.
No permit shall be issued for the construction, erection, installation or alteration of any swimming pool unless plans therefor meet all applicable laws, local laws or regulations which may be applicable.