[HISTORY: Adopted by the Town Board of the Town of Niagara 4-26-1977
by L.L. No. 2-1977. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The inside face of the pool.
A swimming pool used and intended to be used solely by the owner,
operator or lessee thereof and his or her family and by guests invited to
use it without payment of any fee.
Any swimming pool which is not private or semiprivate.
All pools or tanks of a permanent or semipermanent nature which have
a depth of more than two feet or a water service of more than 150 square feet,
and which are moved, erected, constructed or excavated either above, below
or partly above and below ground level, and are used for swimming, bathing
or wading.
The Town of Niagara, New York.
B.
A swimming pool may be permitted only as an accessory
structure to a principal building used for residential purposes. Said pool
shall be for the exclusive use of the occupants of the principal building
and their guests.
C.
A swimming pool may be permitted when said use is not
as an accessory structure to a principal building, only upon application to
the Zoning Board of Appeals in accordance with this chapter. All pools that
are not private or semiprivate must comply with the regulations of the New
York State Department of Health.
Permits shall be required as indicated in Ch. 155, Fire Prevention and Building Construction.
The location of the swimming pool on the property must:
B.
Not be placed in a front yard.
C.
Be at least 15 feet from any house basement and aboveground
pools at least 15 feet from any structure, unless conditions warrant a lessening
or increasing of this distance.
D.
Be at least 15 feet from any active well, septic tank,
leach bed, etc., unless conditions warrant a lessening or increasing of this
distance.
E.
Be kept a minimum distance of 10 feet from overhanging
power lines.
A.
The swimming pool shall be designed and constructed in
such a manner so as not to endanger the health and/or safety of its users
and to not unduly interfere with the use and enjoyment of adjacent property.
B.
The swimming pool shall be required to have adequate
equipment to properly recirculate, filter, algacide and germicide the water
of the pool with provisions and instructions for maintenance of same.
C.
The swimming pool must be equipped with proper safeguards
for the users of the pool. Such safeguards shall include: at least one ladder
or stairway to facilitate quick exits from the pool; signs or other markings
posted every six feet along the side of the pool and wherever the depth of
the pool changes significantly, indicating the depth of the pool at that point;
signs or other markings noting areas permitted for diving and wading.[1]
A.
Water supply.
(1)
There shall be no fixed or direct connection between
any swimming pool and any potable water supply.
(2)
All water used in any swimming pool shall be of drinking
water quality as such standards are set by the Town of Niagara and the State
of New York.
(3)
The Town Board of the Town of Niagara may, if the health
and safety of the town residents during an extreme emergency requires, prohibit
the use of the town's water supply for swimming pool purposes.
Fencing requirements shall be as set forth in the Uniform Code.
A.
All lighting and electrical work shall conform to the
provisions of the current edition of the National Electrical Code. Also, all
underground lighting shall be of low voltage.
B.
No lighting shall be installed in such a manner that
it may be an annoyance to the owners of adjacent property. Under normal circumstances,
floodlighting, the illumination of adjacent property, among other things will
be sufficient to constitute an annoyance.
C.
All swimming pool heating devices shall meet approved
and accepted standards of the National Swimming Pool Institute and the local
public service corporation.
Every swimming pool, presently constructed or installed or hereafter
constructed or installed, including fencing, gates, lighting and all appurtenances
thereto, shall be kept in proper repair at all times and shall be maintained
in such a manner as never to constitute a hazard or menace to health or safety.
Any such hazard which may exist, or develop in, or in consequence of, or in
connection with any such swimming pool shall be forthwith abated and/or removed
by the person in possession, owning or having jurisdiction over such pool,
upon receipt of notice from the Code Enforcement Officer.
Use of a swimming pool shall be in a reasonable manner and at reasonable
times so as not to cause undue discomfort and/or annoyance to adjacent residents.[1]
Any person, upon written application to the Zoning Board of Appeals,
may apply for a variance to exclude him or her from the requirements of this
chapter. The Zoning Board of Appeals shall hold a public hearing
in accordance with the same provisions and requirements as if said application
were for a zoning variance.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable as follows: by imprisonment for
a term not exceeding 15 days or by a fine not exceeding $250, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
