As used in this chapter, the following terms
shall have the meanings indicated:
SWIMMING POOL
Any body of water (excluding natural bodies of water fed
by rivers, streams or brooks) or receptacle for water that is capable
of having a depth at any point greater than two feet, used or intended
to be used for swimming or bathing and constructed, installed or maintained
in or above the ground outside or inside any building. This also includes
hot tubs and spas.
A swimming pool installed or maintained as an accessory use
shall require a building permit and meet the following requirements:
A. When permitted. Any such pool shall be used only as an accessory
use to a dwelling or a special use for the private use of the owner
or occupant of such dwelling or building and his or her family, guests
or employees.
B. Safety measures. Any such pool shall be completely enclosed by a
barrier not less than four feet in height, with all gates or doors
opening through such enclosure equipped with self-closing and self-latching
devices designed to keep and capable of keeping such gates or doors
securely closed at all times when not in actual use, of a type approved
by the Code Enforcement Officer/Building Inspector. The barrier shall
consist of a fence, a wall, a building, or any combination thereof.
C. Location. Any pool shall be no closer than 15 feet to any lot line and shall meet building setbacks as established by Chapter
247, Zoning.
D. Filters. Any such pool shall be equipped with an integral filtration
system and filter pumps or other mechanical devices which shall be
so located and constructed as not to interfere with the peace, comfort
and repose of the occupant of any neighboring property and shall in
no case be closer than 15 feet to any lot line.
E. Drainage. A request for installation of a pool shall be accompanied
by a statement of the proposed method of draining the pool, indicating
to the satisfaction of the Code Enforcement Officer/Building Inspector
that such drainage shall not interfere with the enjoyment of neighboring
properties.
F. Corrective measures. The Code Enforcement Officer/Building Inspector
shall order the immediate correction of any situation which does not
meet the requirements or intent of this chapter or for which he receives
a written complaint from the County Health Department and shall, when
considered necessary, require any pool to be immediately drained.
Section
222-2B shall apply to all existing pools, and the owners of such existing pools shall have six months from the effective date of this chapter to comply with said subsection.
It shall be the duty of the Code Enforcement Officer/Building
Inspector to enforce the regulations and restrictions provided by
this chapter.
A violation of this chapter or of any regulation or provision
thereof shall be an offense punishable by a fine not exceeding $250
or imprisonment for not more than 15 days, or both. Each and every
week that a violation of this chapter is permitted to exist shall
constitute a separate offense. This penalty shall be in addition to
any other penalties or other remedies as may be provided by law.
For applicable fees, see the Town of Pendleton Fee Schedule,
adopted by the Town Board by resolution, as may be amended from time
to time.