Ord 283 Swimming Pool ConstructionCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO 283 '
AN ORDINANCE AMENDING ORDINANCE NO. 503
A. Ordinance No. "AN ORDINANCE REGULATING SWIMMING POOL
CONSTRUCTION," codified as Ordinance No. 503, is hereby
amended in its entirety so that as amended it shall read as
follows:
SECTION 1. PURPOSE OF ORDINANCE
The purpose of this Ordinance is to provide minimum standards to
safeguard life or limb, health, property, and public welfare by
regulating and controlling the design, construction, quality of
materials, use and occupancy, location and maintenance of all
swimming pools within the City of Mendota Heights, and certain
equipment specifically regulated herein.
SECTION 2. DEFINITIONS
2.1 Swimming Pool. As used in this chapter, the term "swimming
pool" shall include any enclosure, above or below grade,
having a water surface area exceeding one hundred square
feet and a water depth greater than eighteen (18) inches at
any point.
2.2 Fence Height. Fence height shall be measured at a point six
inches (611) below the top of the supporting posts or the top
of the material between the supporting posts, whichever is
greater.
SECTION 3. ENFORCEMENT OF ORDINANCE
The City Code Enforcement officer shall be charged with the
enforcement of this Ordinance, and is hereby authorized to issue
citations for violations of or refusal to comply with the
provisions of this Ordinance.
SECTION 4. BUILDING PERMIT REQUIRED
4.1 No swimming pool shall be constructed, excavated or erected
within the City without first obtaining a building permit.
4.2 The application for a building permit shall include:
4.2(1) The type and size of pool.
4.2(2) A site plan indicating the following: location of pool;
location of house, garage, fencing and other improvements
on the lot; location of filter unit, pump, and wiring
indicating the type of such units; location of structures
on adjacent lots; location of back-flush and drainage
outlets; grading plan; finished elevations and final
treatment (decking, landscaping, etc.) around pool;
location of existing overhead or underground wiring,
utility easements, trees and similar features; location
of any water heating unit.
SECTION 5. REQUIREMENTS
5.1 All districts:
5.1(1) Pools shall not be located within ten feet, measured
horizontally, from overhead or underground utility lines
of any type.
5.1(2) Pools shall not be located within any private or public
utility, walkway, drainage or other easement.
5.1(3) In the case of underground pools, precautions shall be
taken during construction to:
5.1(3)a Avoid damage, hazards or inconvenience to adjacent or
nearby property.
5.1(3)b Assure that proper care shall be taken in stockpiling
excavated material to avoid erosion, dust or other
infringements upon adjacent property.
5.1(4) All access for construction shall be over the owner's
land and due care shall be taken to avoid damage to
public streets and adjacent private or public property.
The owner shall be liable for damages caused to any
public or private property.
5.1(5) To the extent feasible, back-flush water or water from
pool drainage shall be directed onto the owner's property
or into approved public drainage ways and shall not drain
onto adjacent private land. Drainage onto public streets
or other public drainage ways shall require permission of
the appropriate local City officials.
5.1(6) Pool lighting shall be directed toward the pool and not
toward adjacent property.
5.1(7) The pool area shall be enclosed with fencing to
effectively prevent the entrance of children and be
without hand or foot-holds that would enable a child to
climb over it or pass through it. The fence shall be at
least five (5) feet in height, but not exceeding six (6)
feet, to prevent uncontrolled access from the street or
adjacent property. Where horizontal fence members are
less than forty-five (45) inches apart, vertical spacing
shall not exceed one and three-quarter (1 3/4) inches.
Where horizontal members are equal to or more than forty -
five (45) inches apart, vertical spacing shall not exceed
four (4) inches, spaced so that a four (4) inch sphere
cannot pass through. The spacing between the bottom of
the fence and grade shall not exceed four (4) inches.
Fences shall have selfclosing and self - latching gates
with provisions for locking and shall be completely
installed prior to the filling of the pool. Spacing
between the bottom of fence gates and grade shall not
exceed four (4) inches. The gate release mechanism shall
be placed a minimum of fifty -four (54) inches above the
bottom of the gate. Where the fences encloses only the
swimming pool area, adequate screening, including but not
limited to landscaping, shall be placed between the pool
area and adjacent single- family district lot lines.
5.1(8) Retaining walls shall be designed to resist the lateral
pressure of the retained material in accordance with
accepted engineering practice. Walls .retaining drained
earth may be designed for pressure equivalent to that
exerted by a fluid weighing not less than thirty pounds
per cubic foot and having a depth equal to that of the
retained earth.
5.1(9) Pool water shall be maintained in a suitable manner to
avoid health hazards of any type. Such water shall be
subject to periodic inspection by the local health
officer.
5.1(10) All wiring, installation of heating units, grading,
installation of pipes and all other installations and
construction shall be subject to inspection..
5.1(11) Nuisances such as undue noise, lighting of adjacent
property, health and safety hazards, damage to nearby
vegetation and the like shall not be permitted.
5.1(12) Any proposed deviation from these standards and
requirements shall require a variance in accordance with
normal zoning procedures.
5.2 Pool and Accessory Equipment Setbacks, Single- Family
Residential Districts.
Private swimming pools in single family residential
districts shall adhere to the following regulations:
5.2(1) Pools shall not be located within to
rear lot line or within ten (10) feet
line, nor within ten (10) feet of an
or of any frost footing. Pools shall
within any required front yard.
n (10) feet of any
of any side lot
y principal structure
not be located
5.2(2) The filter unit, pump, heating unit and any other
no . isemaking mechanical equipment shall be located at
least twenty-five (25) feet from any adjacent or nearby
residential structure and not closer than eight (8) feet
to any lot line.
5.3 Private swimming pools which are intended for and used by
the occupants of a multiple-family dwelling and the guests
of the occupants of such dwelling shall adhere to the
following regulations:
5.3(1) No part of the water surface of the swimming pool shall
be closer than fifty (50) feet to any lot line.
5.3(2) No pumps, filter or other apparatus used in connection
with or to service a swimming pool shall be located
closer than forty (40) feet to any lot line.
5.3(3) All deck areas, adjacent patios or other similar areas
used in conjunction with the swimming pool shall be
located at least forty (40) feet from any lot line in an
adjacent single-family district.
SECTION 6 VIOLATIONS
Any person, firm or corporation violating any of the provisions
of this ordinance shall, upon conviction thereof, shall be fined
an amount not to exceed $700.00 or shall be imprisoned for a
period not to exceed 90 days or both.
B. This ordinance shall be in full force and effect from and
after its publication according to law.
Enacted and ordained into an ordinance this Nineteenth day of
May, 1992.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
Mthleen M. Swanson
City Clerk