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HomeMy WebLinkAbout2012-02 Amending Section 850.07 Subdivision 23 ORDINANCE NO.2012-02 AN ORDINANCE AMENDMENT CONCERNING THE REGULATION OF UTILITY EQUIPMENT The City Council Of Edina Ordains: Section 1.Subsection 850.07. Subd. 23. is amended to read: Subd. 23 Utility Buildings and Structures. A. Utility Buildings and Structures Owned by the City. Utility buildings and structures owned by the City and used for rendering service to all or any part of the City(but excluding warehouses, maintenance buildings and storage yards) shall be a permitted principal or accessory use in all districts. B. Other Utility Buildings and Structures. Utility buildings and structures owned by private utility companies or governmental units other than the City, and used for rendering service to all or any part of the City (but excluding warehouses, maintenance buildings and storage yards) shall be a conditional use in all districts and shall only be constructed pursuant to a conditional use permit granted in accordance with Subd.4 of Subsection 850.04. C. Utility poles and wires,water,gas, electric and mechanical equipment regulations: 1. If the footprint is 36 square feet in area or less, and 6 feet in height, utility and/or mechanical equipment shall be permitted at any location in a front, side or rear yard with no minimum setback from any property line. If utility or mechanical equipment is located within city right-of-way a permit is required. 2. If the footprint is larger than 36 square feet in area or 6 feet in height, utility and/or mechanical equipment shall be required to meet all setback requirements in the underlying zoning district. Utility and mechanical equipment that is grouped together and in the aggregate exceeds 36 square feet in area shall also be required to meet all setback requirements in the underlying zoning district. 3. Air conditioning units and privately owned mechanical equipment in the R-1 and R-2 Zoning Districts shall comply with the setback requirements for accessory buildings and structures in accordance with Section 850.11.Subd. 6.B.4.g. 4. All mechanical equipment accessory to any building, except single dwelling unit and double dwelling unit buildings, shall be screened from all lot lines and streets in accordance with Section 850.10.Subd. 2.C. Ordinance No. 2012-2 Page Two 5. Noise from mechanical equipment shall be subject to the City's Noise regulations in accordance with Section 1040. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: January 3, 2012 Second Reading: Waived Published: January 12, 2012 i Attest Debra A. Mangen,lCity C k James B. Hovland, Mayor Please publish in the Edina Sun Current on:Thursday,January 12, 2012 Send two affidavits of publication. Bill to Edina City Clerk www.MinnLocal.com City of Edina (Official Publication) ORDINANCE NO.2012-02 AN ORDINANCE AMENDMENT CONCERNING THE REGULATION OF UTILITY EQUIPMENT MED 1 A The City Council Of Edina Ordains: Section 1.Subsection 850.07.Subd.23. AFFIDAVIT OF PUBLICATION is amended to read: Subd.23 Utility Buildings and Structures. STATE OF MINNESOTA ) A' Utility Buildings and Structures )SS. Owned by the City.Utility buildings and COUNTY OF HENNEPIN ) structures owned by the City and used for rendering service to all or any part of the nte- Richard Hendrickson, beingdui sworn on City(but excluding warehouses, s)sha l y Hance buildings and storage yards)shall an oath,states or affirms that he is the Chief be permitted principal or accessory use Financial Officer of the newspaper(s)known in all districts. as B.Other Utility Buildings and Structures. Edina Sun-Current Utility buildings and structures owned by private utility companies or governmental units other than the City,and used for ren- dering service to all or any part of the City (but excluding warehouses,maintenance and has full knowledge of the facts stated buildicondingsalnd storage lyards) s) s and shaall be t below: only be constructed pursuant to a condi- (A)The newspaper has complied with all of tional use permit granted in accordance with Subd. of Subsection 850.04. the requirements constituting qualifica- C. Utility poles and wires,water,gas, tion as a qualified newspaper as provid- electric and mechanical equipment regu- ed by Minn. Stat. §331A.02, §331A.07, lations: and other applicable laws as amended. 1.If the footprint Is 36 square feet In area (B)The printed public notice that is attached mechan ca equipment 6 feet in shall balp and/ori was published in said newspaper(S) at any location in a front,side or rear yard once each week,for one successive with no minimum setback from any prop- erty line. If utility or mechanical equip- week(s); it was first published on Thurs- ment is located within city right-of-way a day,the 12 day of January permit is required. 2012, and was thereafter printed and 2• If the footprint is larger than 36 square feet in area or 6 feet in height, utility published on every Thursday to and in- and/or mechanical equipment shall be cluding Thursday, the day of required to meet all setback require- ments printed in the underlying zoning district. p Utility and mechanical equipment that is below is a Copy of the lower Case alpha- exceeds together 6 q ere feet in theaggregate s all ease bet from A to Z, both inclusive,which IS be required to meet all setback require- hereby acknowledged as being the size ments in the underlying zoning district. and kind of type used in the composition 3. Air conditioning units and privately the R-1 and publication of the notice: nd R-mechanical equipment t is s shall comply with the setback requirements for acces- a " Imnopqrstuvwxyz sory buildings and structures in accor- dance with Section 850.11.Subd. 6.B.4.g. 4. All mechanical equipment accessory to y building, except single dwelling nit and double dwelling unit buildings, BY: shall be screened from all lot lines and streets in accordance with Section O 850.10.Subd.2.C. 5. Noise from mechanical equipment shall be subject to the City's Noise regu- lations in accordance with Section 1040. Subscribed and sworn to or affirmed Section 2. This ordinance is effective before me on this 12 day of immediately upon its passage and publi- January 2012, cation. First Reading:January 3,2012 Second Reading:Waived Published:January 12,2012 Attest Debra A.Mangan,City Clerk Notary Public James B.Hovland,Mayor (Jan.12,2012)D1-Ord2012-02