City Code Chapter 103 Buildings and Building Regulations | Article IV. - Swimming Pools

Sec. 103-53. - Definitions.

 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Permanent pool means a pool that is constructed and maintained so as to constitute a permanent improvement to the real estate on which it is located.

Pool means a nonpermeable receptacle for water, located either above or below ground level, which is designed and used for bathing or swimming, having a capacity of 200 gallons or greater, and located outside of a structure. The term "pool" does not mean and include any object designed and used for the purpose of bathing or swimming, regardless of size, that is placed, assembled or used for that purpose in a particular location on a parcel of land for a period of less than 48 hours.

Portable pool means a pool that is designed so that it can be removed from the real estate on which it is located, and installed or reassembled at a different location, without the pool being damaged or destroyed.

(Ord. No. 379, § 1(14.1), 4-23-2007)

A person who constructs, assembles or installs a pool outside of a building on land within the city shall obtain a zoning certificate; and if necessary, a building permit, if the construction, assembly or installation of the pool otherwise requires a building permit to be obtained according to the provisions of the state building code.

(Ord. No. 379, § 1(14.2), 4-23-2007)

(a) A person applying for a zoning certificate for a pool shall provide the zoning administrator the following information in written form:

(1) A brief description of the pool, including its dimensions, and whether it is intended to be a permanent or portable pool.
(2) Specific information relating to the pool, including:

a. Its location on the property with a sketch showing property lines and the existence of public and private easements and public rights-of-way;
b. The type of equipment to be used in conjunction with the pool, including its:

1. Filter unit;
2. Pump;
3. Wiring;
4. Heating unit;
5. Backflush and drainage outlet; and
6. Cover;

c. Grading plans, with finished elevations, if appropriate;
d. Proposed fencing plan, if required; and,
e. Drainage flow pattern on the property when pool is drained.

(b) The fee for the issuance of a zoning certificate for a permanent or portable pool shall be as established from time to time by city council resolution.

(Ord. No. 379, § 1(14.3), 4-23-2007)

(a) A permanent pool may be constructed and maintained only as an accessory use in the rear yard or side yard of a lot.
(b) A permanent pool shall be subject to the lot line, setback requirements applicable to an accessory building in that zoning district.
(c) If a permanent pool is constructed below grade of the existing lot, the land surrounding the pool shall be enclosed by a fence:

(1) At least four feet in height which is capable of controlling the entrance of small children to the pool area; and, if constructed of vertical wooden boards, not have any opening between the boards greater than four inches in width; or, if constructed of horizontal wooden boards, not have any opening between the boards greater than one inch in height; and,
(2) Any gate installed in a fence providing access to the pool area from the outside shall be equipped with an automatic closing, latching and locking device to prevent uncontrolled access to the pool area. Deploying a cover on the pool when not in use, shall be unlawful and punishable as provided in this Code.

(Ord. No. 379, § 1(14.4), 4-23-2007)

(a) A portable pool may be located, installed or assembled in the rear yard or side yard of a lot which is actually owned or occupied by the owner of the pool.
(b) A portable pool shall be subject to the lot line set back requirements applicable to an accessory building in that zoning district.
(c) If the pool area is not enclosed by a fence and any gates meeting the requirements of section 103-56(c)(1) and (2) of this article, then the pool shall be covered when not in use with a safety cover which complies with the requirements set forth in ASTM F1346 of Section AG107 of the Minnesota Residential Code.
(d) The location of the portable pool shall conform to the requirements of the Minnesota Electrical Code.
(e) The location of the portable pool may not be within the boundaries of any public or private easement.
(f) The owner or occupant of property on which a portable pool is maintained is required to keep any fence, gate, or cover required by this subsection in good repair. A failure to maintain the fencing or gate required by this subsection in good repair, close and secure any constituting part of the required fencing, or deploy a cover on the pool when not in use, shall be unlawful and punishable as provided in this Code.

(Ord. No. 379, § 1(14.5), 4-23-2007)

No person shall direct backflush water or water drained from a pool onto adjacent private or public land without the consent of such adjacent landowner, unless:

(1) The drainage is being directed to a public or private drainage easement; or,
(2) The drainage is being directed to an adjacent public right-of-way served by storm sewers.

(Ord. No. 379, § 1(14.6), 4-23-2007)