Islip City Zoning Code
ARTICLE XXVIII
Swimming Pools
§ 68-384 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 existing or finished grade.
[Amended 6-7-2016]
Any artificial, semi artificial or natural receptacle, or other container, capable of containing water and used or designed for purposes other than swimming. Decorative ponds shall be made subject to all provisions of this article, except that they will be required to maintain four-foot side and rear yards when less than 150 square feet in area, with design features no higher than five feet. Decorative ponds, on properties zoned or used for single-family residential purposes, shall only be permitted in the rear yard and shall be completely and continuously surrounded by a permanent durable wall, fence or barrier. A dwelling or accessory building may be used as part of such wall, fence or barrier, provided it conforms to New York State Code. Decorative ponds, on properties zoned or used for commercial, office, industrial or multifamily purposes, may exist within any yard. Said decorative ponds must be designed with any applicable safety devices and in accordance with all New York State codes.
[Added 1-14-2003; amended 6-8-2010; 5-21-2013; 6-7-2016]
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 existing or finished grade.
Any swimming pool constructed, installed or maintained as an 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 structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading or which contains, is designed to contain, or is capable of containing water, whether temporary or permanent, whether or not any charge or fee is imposed for its use, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming, wading or soaking pool, or hot tub.
[Amended 1-14-2003; 6-7-2016]
§ 68-385 Permitted uses.
[Amended 8-13-2024]
Swimming pools may be installed, used or maintained only as accessory to an occupied dwelling for the private use of the owners or occupants of such dwelling or as accessory to a nursery school or day camp or as an accessory to a hotel, motel, boatel, cooperative, condominium, apartment house, garden apartment, boardinghouse or lodging house or uses permitted in a Recreation Service G District and only on the conditions provided in this article. It shall be unlawful and a violation of this article for any person or entity who or which owns a dwelling unit in the Town to use, establish, maintain, operate, let, lease, rent or suffer or permit or allow the occupancy and use of a private swimming pool thereof as a transient rental property as defined in Article L, § 68-649.
§ 68-386 Installation requirements; permit.
[Amended 5-20-2003; 8-12-2003; 4-5-2005; 12-15-2009; 6-8-2010; 4-15-2011; 5-21-2013; 6-7-2016; 9-15-2020; 4-8-2025]
A.
It shall be unlawful to construct, install, use or to allow or maintain a swimming pool in any district, except in compliance with this article and after a permit therefor has been procured from the Building Division of the Department of Planning and Development.
B.
No swimming pool shall be constructed or installed by any entity or individual, on behalf of the property owner, without first obtaining a copy of the building permit issued by the Building Division from either the Building Division or the property owner. This permit is to be displayed on site at all times work is being performed.
C.
Construction of walls, barriers or fences around swimming pools.
(1)
Any outdoor swimming pool having a depth of 18 inches or less and an area of 100 square feet or less shall be enclosed by a durable wall, barrier or fence as described in Subsection C(2) 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 will support a minimum dead weight of 200 pounds.
(2)
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 other than that permitted under the New York State Building or Residential Code in any dimension; provided, however, that if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall comply with the New York State Building or Residential Code requirement.
(a)
All walls, fences or barriers shall be constructed in accordance with requirements of the State Building or Residential Code and in conformity with all sections of the Code of the Town of Islip.
(b)
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 shall be erected with the side having the horizontal beams facing in.
(c)
Any and all temporary walls, barriers or fences employed during the course of construction of a swimming pool, pursuant to Subsection C(3) herein, shall be replaced by a complying permanent barrier within either of the following periods:
(d)
Subject to the approval of the Code Enforcement Official, the time period for completion of the permanent wall, barrier or fence may be extended for good cause, including, but not limited to, adverse weather conditions delaying construction.
(e)
A dwelling house or accessory building may be used as part of such wall, fence or barrier.
(f)
All gates and doors used in conjunction with such wall, fence or barrier shall conform to 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.
(g)
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.
(h)
No water shall be put or caused to be put in any swimming pool unless a wall, fence or barrier, as required within this article, shall have first been erected.
(3)
Temporary walls, barriers, fences.
(a)
During the course of construction of a swimming pool, a temporary wall, barrier or fence surrounding the pool shall be erected as required by the Building Department.
(4)
Penalty for violations.
(a)
Any person found to have violated any provision under § 68-386C shall be guilty of a violation, which shall be punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both; and each day's continued violation shall constitute a separate additional violation.
E.
Said distances shall be measured from the outside edge of an in-ground pool and from the outside edge of the structure of an aboveground pool, exclusive of mechanical equipment, which shall maintain a setback of six feet from any side or rear property line.
F.
Every 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 must be approved by Underwriters' Laboratories, Inc.
G.
Any private swimming pool with a water depth of more than 18 inches shall be used and maintained in a clean and sanitary condition, and in good repair. The bottom and sidewalls of swimming pools shall be kept free of sediment and visible soil and the pool water surface shall be maintained free of floating matter.
H.
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 will 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.
I.
In the event that an owner shall abandon any swimming pool, 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. All applicable Building Division permits shall be obtained.
§ 68-387 Percentage of rear yard occupancy.
[Amended 9-15-2020]
Pools shall not occupy more than 40% of the area of the rear yard. This limitation shall not apply in a Residence BAA District.
§ 68-388 Use of front yards.
A.
In the case of a motel, hotel, boatel or apartment 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:
(1)
The pool shall be erected and maintained in the portion of the yard that is not used as the primary entrance to and exit from the house.
(2)
The pool shall be erected and maintained at a minimum front yard setback distance from the street property line as that for a new accessory structure in that particular zoning district. In the case of unopened or unimproved rights-of-way, the Planning Commissioner, or his designee, may reduce the required setback of the pool from the unopened or unimproved right-of-way to the minimum side yard setback for pools of the zoning district. (See § 68-386C.)
[Amended 4-5-2005; 7-20-2021]
C.
For single-family dwellings, two-family dwellings, and attached dwellings, in residence districts, pools shall not be prohibited in front yards, but shall be located subject to the required front yard setbacks for accessory structures in each respective residence district.
[Amended 7-14-1993; 6-7-2016]
D.
In all other cases, no pool may be erected, maintained or used within the front yard.
[Added 6-7-2016]
§ 68-389 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.
§ 68-390 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.
§ 68-391 Drawings and plans.
A.
All drawings and plans for the construction, erection, installation or alteration of any pool shall be submitted to the Department of Planning, Housing and Development 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, ordinances, local laws or regulations which may be applicable.
§ 68-392 Penalty for violations.
[Added 6-7-2016]
Any person found to have violated any provision under Article XXVIII shall be guilty of a violation, which shall be punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both; and each day's continued violation shall constitute a separate additional violation.