Subd. 1. Swimming Pool Protection.
1. All swimming pools, spas, and hot tubs which contain water over 24 inches at any point or have a surface area exceeding 150 square feet, with the exception of storable swimming pools, shall require a building permit and shall be enclosed with a fence or barrier a minimum of four feet in height.
2. Above ground pools, spas, and hot tubs with sides or attached fences which create a barrier at least four feet in height do not require an additional fence or barrier.
3. A spa or hot tub with a safety cover complying with American Society for Testing and Materials’ Standard (ASTM) Performance Specification F1346-91 shall not be required to provide an additional fence or barrier.
4. Storable swimming pools do not require a fence or barrier, provided all means of access (ladders and the like) are removed when not attended. Storable swimming pools do not require a permit. Storable swimming pools which contain water over 24 inches at any point or a surface area exceeding 150 square feet still must adhere to setback requirements for swimming pools unless otherwise noted. Storable swimming pools may be set up outdoors without a permit only from April 1 to October 31 of each year. Any swimming pool which is set up outdoors outside of these dates shall be treated as a permanent swimming pool and shall require a building permit.
Subd. 2. Setback Standards.
1. In all residential districts, above ground and below ground swimming pools shall be located at least six feet away from any principal structure or frost footing with the exception of detached and attached decks which service the pool area. This requirement shall not apply to above ground hot tubs and spas or storable pools.
2. In all residential districts, swimming pools shall be set back a minimum of ten feet from all adjoining lots.
3. Swimming pools shall not be permitted in an actual or required front yard or within the required front yard abutting the side street if the lot is a corner lot. Swimming pools shall not be permitted within a drainage and utility easement.
4. The filter unit, pump, heating unit, and any other noise-making mechanical equipment associated with any type of swimming pool shall be located a minimum of ten feet from side and rear property lines and shall not be located within a front yard.