[Effective 4-9-1976; 10-31-1987; 10-26-1992; 5-17-1993]

Swimming pools may be installed in A, AA, A1, A2, B, BB, C, CA, GA, LPRD and PUD Districts only as accessory to a dwelling or dwellings for private use of the owners or occupants of such dwelling and dwellings and their families and guests, or as accessory to a nursery school or day camp for children, and only on the conditions provided in this article, or as otherwise specified.

A. No outdoor swimming pool shall be installed or maintained unless:

(1) Such pool is installed in the rear yard of the premises.

(2) There shall be erected and maintained a swimming pool fence enclosing the portion of the area upon which such pool shall be installed. Such fence shall be either a chain link fence or a quality timber stockade fence in accordance with the following specifications:

(a) Chain link fence. Said fence shall extend from the ground to a height of not less than five feet, with top and bottom rail, posts spaced not more than eight feet on center and set to extend three feet below grade, in an eight-inch diameter concrete footing. Chain link fabric shall be galvanized steel, two-inch mesh No. 9 wire. The fabric shall be fastened to posts and rails so that the bottom of the mesh is not more than one inch above grade. Fabric shall be fastened securely to posts and rails by means of wire clips not more than 30 inches on center.

(b) Timber fence. Said fence shall extend from the ground to a height of not less than five feet, with two horizontal rails on the pool side. Posts shall be spaced not more than eight feet on center and set to extend four feet below grade. The frame design shall produce a rigid structure. Fabric coverings and/or fence panels shall be securely mounted and fastened to the frame and shall be not more than one inch above the grade. All fence materials shall be the No. 1 grade of the type used or chosen.

(3) Every gate in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, should be secured by a lock which can be opened only with a key from the outside and without a key from the inside, with a spring or other device to keep said gate securely closed and locked at all times when the owner or a responsible occupant of the premises is not present at such pool.

(4) Such pool shall not be erected closer than four feet from the rear and side property lines of the premises or, in the case of a corner lot, closer than 10 feet from any property line along an abutting street.

(5) Such pool does not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.

(6) Cabanas.

(a) A cabana shall be permitted as an accessory to such swimming pool, provided that:

[1] Such cabana does not exceed 7 1/4 feet in height and 700 cubic feet in total size.

[2] Such cabana is located at least 10 feet away from all adjoining property lines, and its entrance is located within the required fencing surrounding the swimming pool.

[3] The Building Department is satisfied that the proposed cabana shall be used only for the purposes of showering and dressing in conjunction with the use of the swimming pool.

(b) The Building Department may use any reasonable methods to determine that this Subsection A(6) is being complied with, including the requirement of submission by the property owner of an affidavit stating that the proposed use of the cabana shall be limited to the requirements of Subsection A(6)(a)[3).

B. No swimming pool shall be installed or maintained unless: (1) The Building Department is satisfied that there shall be no cross-connection with the public water supply system, if the water for such pool is supplied from a private well.

(2) The Building Department is satisfied that the inlet shall be above the overflow level of the pool, if the water for such pool is supplied from the public water supply system.

(3) Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

C. No swimming pool shall be installed or maintained unless in accord with the following condition: [Effective 10-25-2008]

(1) Such swimming pool shall have a swimming pool alarm approved, installed and properly functioning, pursuant to the specifications and requirements of Section 1228.2 of the New York State Uniform Fire Prevention and Building Code, or amendment or recodification thereof which may be enacted after the effective date of this Subsection C.

(2) The above shall apply to all swimming pools in all districts installed after the effective date of this Subsection C.

(3) By amortization, notwithstanding any limitation set forth in Section 1228.2 or otherwise, the above shall also apply in all districts to all swimming pools existing prior to the effective date of this Subsection C, commencing May 15, 2009.

No permission shall be granted for the installation of any swimming pool, unless the plans therefor meet the minimum Town of Hempstead Building Department construction requirements or until the owner of the premises has filed with the Building Department a certification, approved by the Town Engineer, by a professional engineer licensed by the State of New York, that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highways.

No loudspeaker device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection with such pool, nor may any lighting be installed in connection therewith which shall throw any rays beyond such property lines.