A.   Permit Required: Except as otherwise specified in subsection D of this section, a building permit shall be required before work is commenced on the construction, alteration, addition to, or remodel of a swimming pool, hot tub or spa.

   B.   Application For Permit: An application for permit shall be submitted to the building official on forms provided by the city and shall include the following:

      1.   Two (2) sets of plans and specifications and pertinent explanatory data relative to design, operation, and maintenance of a swimming pool, hot tub or spa.

      2.   The length, depth, and width of the swimming pool, hot tub, spa, pool decks and appurtenances. (Ord. 26, 8-28-2008)

      3.   A certificate of survey of the subject parcel with the following:

         a.   Location of the swimming pool, hot tub or spa, the pumps, filter, wiring, protective fencing, back flush and drainage outlets. (Ord. 26, 8-28-2008; amd. 2011 Code)

         b.   Location of all structures on the building lot including house, garage, fencing or other improvements.

         c.   Location of existing underground or overhead utilities (electric, telephone, gas, etc.), utility easements, water systems, buried sewage disposal systems, trees, and other similar features.

         d.   Grading plans and finished elevations around the swimming pool. (Ord. 26, 8-28-2008)

   C.   Permit Fees: Building permit fees for a swimming pool, hot tub, or spa shall be established by ordinance of the city council, as may be amended from time to time. (Ord. 26, 8-28-2008; amd. 2011 Code)

   D.   Exemptions From Permit: Prefabricated swimming pools, hot tubs and spas which satisfy all of the following requirements shall not require a building permit:

      1.   The swimming pool, hot tub or spa is an accessory to an R-3 occupancy building as defined by the Minnesota state building code.

      2.   The swimming pool, hot tub or spa is less than twenty four inches (24") deep.

      3.   The swimming pool, hot tub or spa does not exceed five thousand (5,000) gallons in capacity.

      4.   The swimming pool, hot tub or spa is installed entirely aboveground. (Ord. 26, 8-28-2008)

   A.   Single-Family Residential Lots:

      1.   Swimming pools, hot tubs or spas constructed on single- family residential lots shall not be located within ten feet (10') of any lot line and within six feet (6') of any principal structure or frost footing.

      2.   Swimming pools, hot tubs or spas shall not be located within any required front yard. On a corner lot, swimming pools, hot tubs or spas shall be set back a minimum of fifteen feet (15') from the side yard street property line. The filter unit, pump, heating unit, and any other noisemaking mechanical equipment shall be located at least twenty five feet (25') from any residential structure on adjacent property and not closer than five feet (5') to any lot line. In no case shall swimming pools, hot tubs or spas and associated equipment be located within an easement.

   B.   Multi-Family Residential Lots:

      1.   Public swimming pools, hot tubs, or spas and those constructed for use for more than one family shall be subject to rules and regulations of the state health department. For swimming pools, hot tubs or spas constructed on multi-family lots intended for and used by occupants and guests of occupants of multi-family dwellings, no part of the water surface of the swimming pool, hot tub, or spa shall be closer than fifty feet (50') to any lot line and no pumps, filter or other apparatus used in connection with the pool, hot tub or spa shall be located closer than fifty feet (50') to any lot line.

      2.   Swimming pools, hot tubs, or spas shall be adequately fenced to prevent uncontrolled access from the street or adjacent property, and contain the same features for access. Adequate screening including, but not limited to, landscaping, shall be placed between the pool, hot tub or spa area and any adjoining single-family district lot lines. All deck areas, adjoining patios, or other areas used in conjunction with the pool, hot tub or spa shall be located at least fifteen feet (15') from any lot line in an adjoining single-family district. (Ord. 26, 8-28-2008; amd. 2011 Code)

   C.   Near Utilities: Swimming pools, hot tubs, or spas shall not be located within ten feet (10') (measured horizontally) from underground or aboveground utility lines. Swimming pools, hot tubs, or spas (including perimeter walks and equipment) shall not be located within any private or public utility, drainage, walkway or other easement. (Ord. 26, 8-28-2008)

All pools, hot tubs, or spas constructed within the city shall meet the following construction requirements: (Ord. 26, 8-28-2008)

   A.   Pools, hot tubs and spas shall be constructed so as to avoid hazard, damage or considerable inconvenience to adjacent property. (Ord. 26, 8-28-2008; amd. 2011 Code)

   B.   All wiring, installation of heating units, grading, installation of pipe or other construction shall be subject to inspection.

   C.   Back flush water or water from the swimming pool, hot tub, or spa shall be directed onto the owner's property or onto approved public drainageways and shall not drain onto adjacent private land. Drainage onto public streets or other public drainageways shall require written approval by the city.

   D.   All swimming pool, hot tub, or spa lighting shall be directed toward the pool and not toward adjacent property in accordance with section 11-4-7 of this title.

   E.   Barriers for all swimming pools, hot tubs and spas shall comply with the applicable provisions of the Minnesota state building code.

   F.   Swimming pool, hot tub, or spa heaters shall have approved pressure relief valves.

   G.   Gas piping shall meet the applicable requirements of the Minnesota state building code, as may be amended from time to time.

   H.   Overhead wires or service shall meet requirements of article 680 of the national electrical code, as may be amended from time to time. (Ord. 26, 8-28-2008)