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HomeMy WebLinkAbout1995-06 Technical Corrections To Code, 300, 430, 460, 1046, 850, 1040, 1200, 1230, And 1235ORDINANCE NO. AN ORDINANCE PROVIDIN CORRECTIONS TO THE TECHNICAL ITY CODE THE CITY COUNCIL OF THE CITY OF EDINA O DAINS: he City Codd is Section 1. Schedule A of Section 185 of ti ie,City Code is amended by adds ng the following fee: identifies or adve ises a bona -f de PURPOSE building occupanl or activity, c r a SEC SUBSEC OF FEE CH RG AMOUNT FEE 110 Section 5. Subd. 8 of S bsection 460.0 410 410.02, Plan Review 65% of Permit Fee 3 7A Subd. 1 Vacant Laid. A temporary sign maya erected for t Section 2. Subsection 30.01 of Section 0 of the City Cod is amended y providing a new definition of the following ter P 9 9 I provided: "Commercial Kennel. A lace where mohan three dogs r other anim Is over six months of age a e kept, and whe 11he business of s Iling, boardi g, breeding, showing, treat ng or grooming o0s or other anim s Is conduct -" Section 3. Subd. 2 of S bsection 430. of Section 430 of he City Code is amended by adding the following sentence: "The Building Official may grant a license limited to the installation of mechanical fireplaceystes by per ons who are c petent in he installation of such sys.m ms:" Section 4. Subd. 2 of Subsection 460.0 of Section 460 of he City Codd is amended by adding the follo ing definition: "Abandoned Sign. A sig�j which no longe identifies or adve ises a bona -f de business, lessor, lesseel, service, owner building occupanl or activity, c r a sign for which no legal wner can be fo nd." Section 5. Subd. 8 of S bsection 460.0 it amended to re d as follows: "Subd. 8 Temporary For Sale Signs - E Jsting Buildings aid Vacant Laid. A temporary sign maya erected for t e purpose of sell ng or leasin a residential or non-resid ntial building o selling vacant Ian I provided: A. Such signs s all not exceed buildings, reside tial buildings of 1 land. Provided, however, such si than 32 square feet if the lot or trac of 50 miles per ho r or more and ti Temporary signs for the purpose o the R-1 or R-2 Districts or a re: dwelling units shall not exceed st 1 6 square feet fo non-residen or more dwellin units, or vac s may be increi sed to not m buts a highway i tith a speed li sign is oriented o such highiA selling or leasing one vacant Ic ential building f less than square feet. nt it J, :n B. Only one such sign shall be per tract. If the building is one or two comprise a tract, then only one sig C. Signs for non-residential projec 100 feet to any pri-existing reside D. Freestanding signs shall not e E. All sign surfa es including le painted and main ined in a crack Section 6. Subsection 40.04 of Section adding the following new paragraph J: "J. Abandoned Signs". Section 7. Subd. 4 of S�bsection 460.06 as follows: "Subd. 4. Violations and Fines. If the P regulated by this Section is or are pro h type, number, height or ethod of const menace to the public, o if any sign has a permit first being issu d, or is improp any other provisions of his Section, the I such violation to the o ner or lessee o fails to remove or alter t e sign so as to In this Section within 2 hours followin A. Such sign may be deemed to the City by proc edings taken u nuisance abatem nt procedures a Ii the cost of abat ment, includin levied as a speci I assessment a sign is located; r B. Such owner o lessee may be r of this Code; an C. The City ma exercise any gn Subsection 100. 9 of this Code. If the owner or lessee f the sign shall t a hereunder and shall ha a removed or alto or install a sign which i the same as or ii 2 Itted per buildi r more buildirn Iper tract shall shall be local ten feet in and support ,e and blister of the City Section 460 is ahner finds that bited as to size, or vacant lot Dr which togeth ar permitted. Ice no closer th in fight. tubers shalle a condition." ly Is amended nended to rad ins y sign or sl tion, or are uns fe, insecure n constructed o erected witl r maintained, or is irn violatio inner shall give written notic e sign. If such owner or le. -c nply with the pr visions set f ceipt of said n ice: a nuisance and ,r M.S. Chapter wed by this Cod dministration e inst the properl iay be abate .2+9, or any o or State Law penses, may upon which r )ut of of ee rth by ler nd be ecuted under Subsection 10 .09 all other reme ies providec by Ve been given nc rled the sign, and milar to the sign ;e of a violion all then re- ect 'to which n Ice exempt from this requirement. B. Operate a poorer lawn mower blower, chain sa, mulcher, garde maintenance equi ment. Providec greens mowers a d other motorize courses and publi ly owned prope equipment are ex mpt from this rE C. Collect garbage or refuse witl residential purposes. D. Engage in or permit constru audible noise beand the prope activity is occurr ng, provided c, public streets an highways by ti exempt from this requirement sub, Section 15. "Section 1 40 of the City Subsections 1040.03, 1040.0 1, 1040.05, 104( Subsections 1040.04, 1040.0, 1040.06, 1040 respectively." Section 16. Paragraph of Subsection to read as follows: "B. Parked or stored tdoors on lots than 48 continuous hou s except that ab; by the City pursuant to ection 1410 of tl the pound keeper des! nated by the M Section 17. Paragraph C of Subd. 2 of is amended to read as follows: "C. The deposition of snow and ice fro that such snow and ice Is deposited only to and not separated by the traveled p property from which th snow or ice is Section 18. Section 1 Subsection 1230.08 as follow "1230.08. Exception. . employees and agent: under the direction of Section 19. Parag lower hedge ciir tiller, edger, drill iowever, i) the u equipment used and, ii) the use ilrement. 200 feet of a per, power or other simr $iat e of fairwaydto maintainIf )f snow remal Iding used �n activitieswh ch produce ny line of the pr erty where he ;truction activiti s performe in City, the Count or the State re t to the approval of the Manag r." ,de is amended by renumbei ing 3, 1040.07, 104 .08, 1040.09 as , 1040.08, 1040 00, and 104 .10 0+6.02 of Section non-residential doned motor ve Code may be s Baer." 046 as amended istricts forre cles impoun ed ►red outdoor by bsection 1200.02 of Section rivately owned Property p :)n boulevards hich are a on of the stree from the noved." of the City 1pode is amended 1by adding a ie provisions of the City v ie Manager, I U of S 4 is Section 1230 shall not a re performing job related eer, or Park Di ctor." 230.02 of Sectli 1230 of the nt to MINNESOTA SUN TIONs i sur"Pow s�Saiw AFFIDAVIT OF PUBLICATIO STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Donald W. T h u r l o w , bein duly sworn on an oath y thatj he/she is the publisher or authorized agent and employee of the publisher of the ne r known as Sun -Current and has full knowledge f !he facts which are stated below. (A) The newspaper has complied with all of the requirements constituting q alificption as a qualified newspaper, as provided by Minnesota Statute 331A.02, 33 A 07, snd other applicable laws, as amended. (B) The printed O r d i n a n c No. 1995-6 which is attached was cut from the columns of said newspaper, and was p 'n11ed and published once each week, for one successive weeks; it w is (first published on Wednesday the 16 dayof August 1 9i5 And was thereafter printed and published on every to and including the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both ndlusivO, which is hereby acknowledged as being the size and Find of type used in the composition and publication of the notice: / abcdefghijklm nopllnst BY: 'TITLE: Pub I isher Acknowledged before me on this 16 day of August 19 5 IL a �J No ry Asa nrr. na i�r�� Aa*:a�asao, r m hU, ,',�W P(RiX KNINE&OTA kiy..{ ,i ianFXPi-8J.,n.3i,2E ; f RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1.90 per in for comparable space (2) Maximum rate allowed by law for the above matt r $ 1.90 pei lin (3) Rate actually charged for the above matter $ 1.02 pet lin _Cr E�Nn (Omeial PUwcatlon ) ORDINANCE NO. 1995.6 AN ORDINANCE PROVIDING TEC CORRECTIONS TO THE CITY 1 CITY COUNCIL OF THE CITY OF EDINA ORDAINS: 1. Schedule A of Section 185 of the.City Code is amended by ads #duo= OPMARGE AMS 410 410.02, Plan Review 65% Subd. 1 Section 2. Subsection 300.01 of Section 300 of the City Code is amende term: "Commercial Kennel. A place where more than three dogs or other at where the business of selling, boarding, breeding, showing, treating or 1 l�abtyoa S. Subd. 2 of Subsection 430.03 of Section 430 of the City Code 'The Building Official may grant a license limited to the installation c who are competent in the installation of such systems." Section 4. Subd. 2 of Subsection 460.02 of Section 460 of the City Code "Abandoned Sign. A sign which no longer identifies or advertises a owner, building occupant or activity, or a sign for which no legal owner i Section 5. Subd. 8 of Subsection 460.03 is amended to read as follows: "Sttbd. 8 Temporary For Sale Signs - Existing Buildings and Vac ed i:r the purpose of selling or leasing a residential or non-residential b A. Such signs shall not exceed 16 square feet for run-residenth or more dwelling units, or vacant land. Provided, however, such si 32 square feet if the lot or tract abuts a highway with a speed limi sign is oriented to such highway. Temporary signs for the purpos the &1 or R-2 Districts or a residential building of less than ten d feat. B. Only one such sign shall be permitted per building or vaca two or more buildings which together comprise a tract, then only o C. Signs for non-residential projects shall be locetEd no cl dence. D. Freestanding signs shall not exceed ten feet in height. E. All sign surfaces including legs and support numbers sh free and blister free condition." Section 6. Subsection 460.04 of Section 460 of the City Code is amen J. Abandoned Signe". Sesgon 7. Subd. 4 of Subsection 460.06 of Section 460 isamended to "Subd. 4. Violations and Fines. If the Planner finds that any signod hibited as to size, location, content, type, number, height.ar meth menace to the public, or if any sign has been constructed or er impaoperly maintained, or is in violation of any other provisions of notice of such violation to the owner or lessee of the riga. If.u&& own as to comply with the provisions set forth in this Section within 24 ho A. Such sign may be deemed to be a nuisance and may be under M.S. Chapter 429, or any other nuisance abatement and the cost of abatement, including admiaistratio4 expenses, against the property upon which the sign is located; or B. Such owner or lessee may be prosecuted under Subsection C. The City may exercise any and all other remedies provid t If the owner or lessee of the sign shall have been given notice of a ' 1 altered the sign, and shall then re -erect or install s sin which is notice of violation was given, such re -erection or installation shall notice of such violation shall be required." Section 8. Paragraph B.3 of Subd. 1, of Subsection 860.04 of Section "3. Requests for variances from the literal provisions of Section 1046 Section 9. Subparagraph 7 of Paragraph C of Subd. 4 of Subsection t as follows: T Commercial kennels as defined by Subsection 300.01 of the City Section 10. Subparagraph f of Paragraph B.3 of Subd. 6 of Su amended to read as follows: ` ^ ^ M 3, the owing feesFE, ermi Fee 37A Jding a new definition le six months 4 age ar dogs or other animals yen ed by adding the follov r amen ed by adding the follo ' def ana-fi business, lessor, I sen m d.' f no ntA temporary; sign y er ridelling vacant land p ed: bu, residential buil ' o ten is increased to not m e ' so ofs 11feet per hour or more the ofor leasing one vasa t I t in 1hs shall not m0eed say t lact. If the building o e or siract shall be permi y S ;ha to any pre-exis reai- be ted and maintained Is ck d by ad ' the followi hg new J. ad as ows: igna ted by this Section are f no on, or are unsafe, a vvitho t apermit first i is his on, the Planner e gi e wr. or fails to remove or al e ' so 5 folio receipt of said no ated the City by urea by this a or to Law say levied as a special ment )0.09 this Code; andl 'on y S 100.09 oil this e stion ereunder and s�all a or same or similar to the to deem a violation of this n, no W is ended to read ins foll s: this e." A.07 Section 850 of the Ci a is i mended ie." tion .11 of Sectiob 850 t e Cit# Code is 15' 5' 5' L40M I w...,.., basketball courts, sports courts, hockey and skating rinks and other similar recreational accessary uses including appurtenant fencing and lighting." Sectkm 11. Subd. 8 of Subsection 860.14 of Section 850 is amended by adding the following new paragraph F: "F. Special Requirements for Retail Uses. Retail uses shall comply with the special requirements provided by Sarapaphs D, E, F, G, H, I, J, and K of Subd. 11 of Subsection 850.16 of this Code." ealian 12. Subd. 3 of Subsection 850.16 of Section 850 of the City Code is amended by adding the following principal use: "Commercial kennels as defined by Subsection 300.01 of the City Code." Section 13. Subsection 1040.02 of Section 1040 of the City Code is amended by deleting Paragraph D. Section 14. Section 1040 of the City Code is amended by adding a new Subsection 1040.03 as follows: "1040.03. Hourly Restrictions on Certain Operations. No person shall, between the hours of 10:00 P.M. and 7:00 AM.: A. Operate a snowmobile, minibike, all terrain vehicle, or other vehicle not licensed for travel on public streets, provided vehicles used by physically disabled persons as defined by MS 169.356; Subd. 2 are exempt from this requirement. B. Operate a power lawn mower, power hedge clipper, power leaf blower, chain saw, mulcher, garden tiller, edger, drill or other similar maintenance equipment. Provided, however, i) the use of fairway and greens mowers and other motorized equipment used tp maintain golf courses and publicly owned property and, ii) the use of snow removal equipment are exempt from this requirement. C. Collect garbage or refuse within 200 feet of a building used for residential purposes. D. Engage in or permit construction activities which produce any audible noise beyond the property line of the property where the activity is occurring, provided construction activities performed in public streets and highways by the City, the County or the State are exempt from this requirement subject to the approval of the Manager." on 15. "Section 1040 of the City Code is amended by renumbering Subsections 1040.03, 1040.04, 1040.05, 1.07, 1040.08, 1040.09 as Subsections 1040.04, 1040.05, 1040.06, 1040.07, 1040.08, 1040.09, and 1040.10 Secticas 16. Paragraph B of Subsection 1046.02 of Sectios 1046 as amended to read as follows: ed or stored outdoors on lots in non-residential districts for more than 48 continuous hours except that mooned motor vehicles impounded by the City pursuant to Section 1410 of this Code may be stored outdoors by the pound keeper designated by the Manager.' Section 17. Paragraph C of Subd. 2 of Subsection 1200.02 of Section 1200 is amended to read as follows: T. The deposition of snow and ice from privately owned property provided that such snow and ice is deposited j only upon boulevards which are adjacent to and not separated by the traveled portion of the street from the vate property from which the snow or ice is removed." Section 18. Section 1230 of the City Code is amended by adding a new Subsection 1230.08 as follows: "1230.08. Exception. The provisions of this Section 1230 shall not apply to employees and agents of the City who are performing job related duties under the direction of ft Manager, Engineer, or Park Director." Section 19. Paragraph U of Subsection 1230.02 of Sectio* 1230 of the City Code is amended to read as follows: j "U. Use a skateboard, roller skates, in-line roller skates or blades, or similar devices, i) in a municipal parking facility, ii) on or across a sidewalk within or adjoining property in the PC -1, PC -2, or PC -3 Districts as defined by Section 850 of this Code or iii) upon the traveled portion of a street. Notwithstanding the foregoing, roller skates or in-line roller skates or blades may be used on the traveled portion of streets if no adjoining sidewalk is present.' Section 20. Subsection 1235.02 of Section 1235 of the City Code is amended to read as follows: "1235.02. Hours and Location of Parking Limited. No person shall park any vehicle in any municipal parking facility during business hours, i) for a period in excess of the time limits, or ii) in a location designated as "Contract Parking Only", unless the vehicle displays a parking sticker issued pursuant to this Section. Persons may park in any municipal parking facility for any length of time during non -business hours, except for such times as parking may be prohibited for snow removal, repairs, and like purposes. Provided, however, no overnight park- ing shall be allowed." Section 21. Paragraph A of Subsection 1405.03 of Section 1405 is amended to read as follows: "A. Obstructions less than 30 inches in height above the! elevation of the street adjoining the clear view zone as measured from the edge of the travelled portion of the street.' Section 22. This Ordinance shall be in full force and effect upon passage. First Reading: July 17,1995 Second Reading: August 7, 1995 ATTEST: let DEBRA A. MANGEN City Clerk (Aug. 16,1995) -ED FREDERICK S. RICHARDS, Mayor