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Swimming Pool Zoning Laws and Fencing Requirements Borough of Weymouth, Atlantic County

June 13, 2018

Updated as of June 2018


A public or privately owned pool open to the public on an annual member basis, and having dressing rooms, off-street parking and other appropriate accessory facilities.


A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents. A wading pool with a depth of less than 18 inches and portable swimming devices located above ground level, with an area of less than 125 feet and a water depth of less than three feet, temporary in character and constructed of material other than concrete or masonry, shall not be deemed a swimming pool.


A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.


The same as “swimming pool, commercial.”

155-127Swimming pools.

Private swimming pools of the following types (other than movable wading pools less than 150 square feet in area and two feet in depth) to be located within residential side or rear yards are governed by the requirements contained herein.


Permanent in-ground.


Permanent aboveground: aboveground pools equipped with fences built above the top level of the pool.


Temporary aboveground: aboveground pools not equipped with fences built above the top level of the pool.

All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.

No overhead electric lines shall be carried across any swimming pool or wading area.

No activities shall be conducted at any private swimming pool which shall cause undue noise or constitute a nuisance to any neighbor.

When an application is made for a permit to construct and locate a private swimming pool, the applicant shall show an approval from the Board of Health as to the suitability and adequacy of design, materials and construction or construction specifications of said pool, including all accessory equipment, apparatus and appurtenances thereto. The application for a private swimming pool building permit shall identify the building pool, all accessory equipment and apparatus, type of pool, all basic dimensions, location of steps, diving stands, boards and location and detail specification of enclosure and gate on the lot.

An outdoor private swimming pool shall, in all zones except the R-2 Zone, be located in the rear yard not less than 20 feet from the side or rear property line, to the rear of the building setback line. In the R-2 Zone, an outdoor private swimming pool may be located in the rear yard and/or the side yard, provided that the outdoor private swimming pool shall not be located less than five feet from any side or rear property line.

[Amended 8-21-1991 by Ord. No. 316-91; 6-19-1996 by Ord. No. 344-96]

The pump of a filtration or pumping station of a private swimming pool shall be located not less than 20 feet from any side or rear property line.

Private pools situated or extended above ground level and less than 50 feet from an abutting property shall be surrounded by a suitable drainage system leading to a street or brook so as to be able to carry away all the water in the pool in the case of a break.

Permanent underground pools shall be surrounded entirely by a fence, with no openings greater than a two inches square, and meeting the requirements of the NJ Uniform Construction Code; however, sides of the residence may serve as part of the enclosure.


The fence shall be located not less than six feet from the closest edge of the pool.


Fences shall be at least four feet high and, if made of wire, they must be of the chain-link type.


All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.


Permanent aboveground pools constructed with an attached fence being at least four feet in height above ground level and meeting the requirements of the NJ Uniform Construction Code need no additional fencing.


Temporary aboveground pools, when not in use, must be emptied or covered with a suitable protective covering, securely fastened or locked in place, unless enclosed by a fence meeting the requirements for a permanent underground pool.

Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and be equipped with a lock and key or padlock and chain, and shall be kept locked, except when the pool is in use.


For more information on New Jersey pool fencing laws and regulations, or if you are interested in what designs work best around your pool, visit Carl’s at or call 732-504-3372.

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