When the entirety of one or more residential units are outside a 200 ft radius of the pool or spa water's edge, and the residential buildings are not more than three stories -or-
When the available public bathrooms are more than 200 ft walking distance from the pool or spa water's edge -or-
When the available public bathrooms are more than 50 ft walking distance inside the building -or-
When the existing public bathrooms do not meet the fixture count required by code