HomeMy WebLinkAboutChapter 4: Buildings, Construction and Signs City of Edina Buildings,Construction and Signs 400.03
CHAPTER 4 - BUILDINGS, CONSTRUCTION AND SIGNS
Section 400 - Construction Board of Appeals
400.01 Establishment. The Council does hereby establish the Construction Board of
Appeals (the "Board") pursuant to Section 204 of the Uniform Building Code (UBC),
adopted by Section 410 of this Code.
400.02 Powers and Duties. The Board shall:
A. Fulfill duties imposed upon it by Section 204 of the UBC.
B. Consider appeals from any order, requirement, permit, decision, refusal or
determination made by the Building Official or the Sanitarian in the application or
interpretation of this Code regulating (i) construction, alteration, moving or
demolition of buildings, (ii) the construction, installation, alteration or removal of
plumbing, gas piping or equipment, water softening or filtering equipment, (iii) the
installation, alteration or removal of electrical wiring and equipment, or (iv)
excavations under Section 420 of this Code. The Board shall not hear any appeal
from, nor have any jurisdiction over, actions taken by any official of the City under
Section 203 of the UBC or under Section 470 of this Code, or any section of this
Code enforced by means of the procedures set forth in Section 470 of this Code.
C. Study and review new types of materials and methods of construction, and
advise the Building Official and the Council as to the suitability of alternate
materials and types of construction to assist in progressive development of the
provisions of the building, plumbing, heating, gas piping, and electrical codes or
sections of this Code, and to make recommendations relative to the Codes.
D. Study and review from time to time the building, plumbing, heating, gas piping,
and electrical codes or sections of this Code and similar code provisions applicable
in communities surrounding the City and such other codes as may come to their
attention, and recommend to the Council such new legislation as the Board may
deem desirable.
E. Consider matters referred to the Board by the Council or by the Building Official
and make recommendations relative to them.
400.03 Waiver of Requirements. In considering any appeal, the Board, if not prohibited
by State Law, may waive any requirement of any of the Code provisions therein referred
to, but only if the reason for such requirement does not exist because of the unusual use,
location or type of construction of the structure, or if it is demonstrated to the satisfaction
of the Board that the purpose of such requirement is met by other means or methods. The
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City of Edina Buildings,Construction and Signs 400.07
Board, in granting any waiver of water or sewer connections required by Section 445 of
this Code, shall also make the findings of hardship and non-detriment required by
Subsection 445.05 of this Code, and shall condition its waiver on delivery to the City of
the agreement required by Subsection 445.05.
400.04 Appeals.
Subd. 1 To Board. Appeals to the Board authorized by Subsection 400.02 shall
be made by filing a written appeal with the Building Official within 30 days of the
date of the order, requirement, permit, decision, refusal or determination being
appealed. The appeal shall fully state the order, requirement, permit, decision,
refusal or determination appealed from, the facts of the matter, the date thereof,
and the mailing address of the appellant. Upon the filing of such appeal, the Board
shall set a hearing date, give notice of the date, hold a hearing, provide for a record
of its proceedings and make its order on the record, all in the same manner as
provided for appeals to the Zoning Board of Appeals as set out in Section 850 of
this Code.
Subd. 2 To Council. Appeals from any order or decision of the Board may be
taken to the Council, and shall be heard and decided by the Council, in the same
manner as appeals from decisions of the Zoning Board of Appeals as set out in
Section 850 of this Code.
400.05 Membership. The Board shall consist of five members who shall be residents of
the City and are qualified by experience and training to pass upon matters pertaining to
building construction. The Building Official shall be an ex-officio member of and shall act
as secretary to the Board, but shall have no vote on any matter before the Board. Members
shall be appointed by the Mayor with the consent of a majority of the Council, shall be
appointed for a term of three years and shall serve until a successor shall have been
appointed. Upon termination of a member's term, that member's successor shall be
appointed for the remainder of such term. Members of the Board shall serve without
compensation. Board members who discontinue legal residency in the City may be
removed from office by the Mayor with the consent of a majority of the members of the
Council.
400.06 Organization. The Board shall:
A. Elect from its members a Chair.
B. Adopt such reasonable rules and regulations as are necessary and proper to carry
out its powers and duties.
400.07 Meetings. All meetings of the Board shall be open to the public, be governed by
Roberts Rules of Order, and otherwise be held pursuant to its rules and regulations. The
minutes of all meetings shall be recorded and a copy shall be transmitted to each member
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City of Edina Buildings, Construction and Signs 400.08
of the Council.
400.08 Change of Name. All references in all sections of this Code to the Building
Construction Appeals Board or to the Building Construction Codes Commission shall mean
and refer to the Board of Appeals created by Section 204 of the UBC, and called the
Construction Board of Appeals in this Code.
History. Ord 407 adopted 1-16-80; amended by Ord 407 AI 8-5-81
Cross Reference. Sections 410, 420, 445, 470, 850; Subsections 445.02, 445.05
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City of Edina Buildings,Construction and Signs 405.01
Section 405 - Landscaping, Screening and Erosion Control
405.01 Plan Approval Required; Security.
Subd. 1 Site Plan and Planting Schedule. In every case where landscaping,
screening or erosion control measures are required by any section of this Code, or
as a condition to any approval granted by the City pursuant to any section of this
Code, for any building or structure, or for grading as defined in Section 830 of this
Code, other than the construction of one single dwelling unit or one double
dwelling unit building or structure accessory thereto, to be constructed on or
conducted on any property within the City, the person proposed to do such work
shall apply for and receive approval of a site plan and planting schedule pursuant
to this Section. The applicant for the required approvals shall file with the Planner,
for review and approval pursuant to the applicable section of this Code, a site plan
of the property drawn to a sale of not less than 30 feet to one inch, showing in
detail the landscaping, screening or erosion control work to be done on the site.
Such site plan shall be prepared by a registered architect, landscape architect,
professional site planner, or other person experienced in such work and acceptable
to the Planner. Such site plan shall comply with the minimum standards imposed
by Subsection 830.05 of this Code. The applicant shall also file with the Planner
a planting schedule that shall specify the Latin name, common name, caliper, and
quantity of all vegetative materials shown on the site plan, together with a time
schedule for the construction and completion of all such landscaping, screening, and
erosion control measures. The application shall be accompanied by the fee in the
amount set forth in Section 185 of this Code.
Subd. 2 Security. The applicant shall also file with the Planner security in the
form of a performance bond, letter of credit, or cash deposit, as determined by the
Planner, to ensure that the landscaping, screening, or erosion control work is done
pursuant to the site plan and within the time schedule therefor, all as set out in
Subd. 1 of this Subsection, and to ensure the replacement of vegetative materials
used in any such landscaping, screening or erosion control work that are not in a
vigorous growing condition after two complete growing seasons as below set out
in this Subdivision. The security shall be in an amount to be determined by the
Planner, but for at least one and one-half times but not more than twice the amount
estimated by the Planner as the cost of completing the required landscaping,
screening, or erosion control measures. If a performance bond is used, it shall be
with a corporate surety authorized to do business in the State and otherwise in form
and substance acceptable to the Planner. If a letter of credit is used it, shall be
unconditional and irrevocable, shall be issued by a national or State bank with its
main office located in the Minneapolis-St. Paul metropolitan area, shall provide that
funds up to the total amount of the letter of credit will be paid to the City, from
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City of Edina Buildings, Construction and Signs 405.02
time to time, upon written demand of the City and otherwise shall be in form and
substance acceptable to the Planner. If a cash deposit is used, such cash shall be
deposited with and held in escrow by a national or State bank having an office in
the City. A written agreement, signed by the applicant and the bank, shall be
delivered to the Planner, whereby the funds in escrow will be paid to the City, from
time to time, upon written demand of the City and otherwise shall be in form and
substance acceptable to the Planner. Where such landscaping, screening or erosion
control measures do not include the use of vegetative materials,the security therefor
shall be in force until such landscaping, screening, or erosion control measures have
been completed and approved by the Planner. Where such landscaping, screening,
or erosion control measures do include the use of vegetative materials, the security
therefor shall be in force for at least two complete growing seasons subsequent to
the completion and approval of such landscaping, screening, or erosion control
measures by the Planner. The Planner may require security for one complete
growing season if all landscaped areas are fully irrigated. The growing season
guarantee period for plant material installed after June 1 shall begin the following
year.
Subd. 3 Use of Security. The City may use all or part of the security posted in
accordance with Subd. 2 of this Subsection to install or replace landscaping or to
undertake any other work which has not been undertaken by the applicant in
accordance with the site plan, landscape schedule or time schedule as approved
pursuant to this Section.
405.02 Building Permits; Suspension or Revocation. No building permits shall be issued
for any building or structure to be constructed or placed on any site until the plans and
schedules for that site, and the security therefor, have been approved and filed as required
by this Section. If the building permit for work on the site is thereafter suspended or
revoked, then the site work shown on the plan approved pursuant to this Section shall
cease until a new building permit is issued or such suspension lifted.
History. Ord 4091-16-80
Cross Reference. Sections 185, 830, Subsection 830.05
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City of Edina Buildings,Construction and Signs 410.03
Section 410 - Building Code
410.01 State Building Code Adopted. There is hereby adopted and incorporated herein
by reference, as a section of this Code, the Minnesota State Building Code (the "MSBC')
as promulgated by the State Department of Administration pursuant to M.S. 16B.59
through 16B.73, including amendments to the MSBC in effect on July 16, 1990, and
including the following, but only the following, listed optional provisions of the MSBC and
of the 1988 Edition of the Uniform Building Code as promulgated by the International
Conference of Building Officials (the "UBC'), except, however, that fees shall be as
provided in this Section. The optional provisions which are hereby adopted are as follows:
A. Chapter 55 of the Appendix of the UBC relating to Membrane Structures.
B. Chapter 1335 of the MSBC relating to Floodproofing Regulations.
C. Chapter 3808 of the Appendix of the UBC relating to Fire Suppression Systems
as added by Section 1305.6905 of Minnesota Rules, 1991, with selection of item 8
of part (c) of said Chapter.
410.02 Fees and Surcharges.
Subd. 1 Fees. Permit fees required by the MSBC or the UBC shall be in the
amounts set forth in Section 185 of this Code.
Subd. 2 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this
Subsection, each applicant for a permit shall pay a surcharge to the City in the
amount set forth in M.S. 16B.70 to be remitted to the State Department of
Administration pursuant to M.S. 16B.70.
Subd. 3 Additional Surcharge. In addition to the fees charged pursuant to
Subd. 1 and Subd. 2 of this Subsection, each building permit issued for work that
requires a licensed residential building contractor,remodeler, or specialty contractor
pursuant to, and as defined in M.S. 326.83 and 326.84 (Chapter 306, 1991 Session
Laws), shall pay to the City a surcharge as allowed by M.S. 326.86, and in the
amount set forth in Section 185 of this Code.
410.03 Codes on File. One copy of each of the following, each marked "Official Copy',
is on file in the office of the Clerk and shall remain on file for use and examination by the
public:
A. The State Building Code regulations known and identified as Chapters 1300,
1301, 1302, 1305, 1310, 1315, 1325, 1330, 1335, 1340, 1346, 1350, 1355, 1360,
1365, 1370 and 7670 of Minnesota Rules, 1991.
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City of Edina Buildings,Construction and Signs 410.05
B. The UBC, with all appendices.
C. The 1990 Edition of the National Electrical Code (NEC) as approved by the
American National Standards Institute (ANSI/NFPA70-1990).
D. The 1987 American National Standard Safety Code for Elevators and Escalators
adopted by the American National Standards Institute and the American Society of
Engineers (ANSI/ASME)A17.1-1987,together with supplement Al 7.1(a)-1988 and
ANSI-A17.3-1986 as published by the American Society of Mechanical Engineers.
E. Chapters 1 to 20 of the 1988 Edition of the Uniform Mechanical Code
promulgated by the International Conference of Building Officials and the
International Association of Plumbing and Mechanical Officials, with appendices A,
B and C.
F. Model Energy Code as set out in Chapter 7670 of Minnesota Rules, 1991, and
the Model Energy Code, 1983 Edition, as published by the Council of American
Building Officials.
G. Minnesota State Plumbing Code as set out in Chapter 4715 of Minnesota Rules,
1991.
H. Interim Guidelines for Building Occupant Protection from Tornados and Extreme
Winds, TR-83A, January 1980, Sections 1 and 2, published by the Federal
Emergency Management Agency, Washington, D.C.
I. The 1972 Edition of Flood Proofing Regulations: as promulgated by the Office
of the Chief Engineer, U.S. Army, Washington, D.C.
410.04 Organization and Enforcement. The organization of the Building Department of
the City, and enforcement of this Section, shall be as established by Chapter 2 of the UBC.
410.05 Penalty. Any person who violates or fails to comply with any provision of this
Section shall be subject to the penalties provided by Subsection 100.09 of this Code, and
shall also be subject to other penalties and remedies available to the City under the MSBC.
History: Ord 410 8-10-88
Reference. M.S. 16B.59 through 16B.73, 16B.70, 326.83, 326.84, 326.86
Cross Reference. Section 185, Subsection 100.09
410 - 2
City of Edina Buildings, Construction and Signs 415.02
Section 415 - Moving of Buildings
415.01 Permit Required. No person shall move, remove, raise or hold up any building
within the limits of the City or move a building on or across any street over which the City
has jurisdiction without first obtaining a permit from the Building Official. For the
purposes of this Section, the term "building" shall include a mobile home.
415.02 Application. Any person seeking a permit under this Section shall file an
application for such permit with the Building Official upon forms provided by the Building
Official. The application shall contain the information required by Section 160 of this Code
and other information as the Building Official shall find necessary to determine whether
a permit should be issued. The application shall be accompanied by the fee in the amount
set forth in Section 185 of this Code. The following shall be filed with the application:
Subd. 1 Utilities. Written evidence of necessary arrangements with all public
utility companies whose wires, lamps or poles are required to be moved or removed.
Subd. 2 Liability Insurance. A liability insurance policy or certificate of such
insurance, issued by an insurance company authorized to do business in the State
of Minnesota. The policy shall insure the applicant and name the City as an insured
in the sum of at least $100,000 for injury to or death of one person, and $300,000
for any one incident, and for damage to property arising from any one incident in
the amount of not less than $50,000. The policy shall be in effect until after the
building has been moved. Such policy or certificate shall not be required from a
building mover licensed by the State Commissioner of Transportation pursuant to
M.S. 221.81.
Subd. 3 Cash Deposit. A cash deposit in the amount set forth in Section 185 as
an indemnity for any damage which the City may sustain by reason of damage or
injury to any highway, street or alley, sidewalk, fire hydrant or other property of
the City, which may be caused by or be incidental to the moving of any building
over, along, or across any street in the City. Such deposit shall not be required
from a building mover licensed by the State Commissioner of Transportation
pursuant to M.S. 221.81.
Subd. 4 Bond. A bond in the form provided by the Clerk, executed by a corporate
surety company authorized to do business in the State in the amount of $25,000,
conditioned upon the compliance by the applicant with this and other applicable
provisions of this Code and State Law and payment to the City of all fees, expenses,
fines and penalties required by this Code or State Law and payment to the City of
any damage the City may sustain by reason of such building being moved. Such
bond shall not be required from a building mover licensed by the State
Commissioner of Transportation pursuant to M.S. 221.81.
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City of Edina Buildings, Construction and Signs 415.04
Subd. 5 Copy of License. Copy of the license, if any, issued to the applicant by
the Commissioner of Transportation of the State of Minnesota pursuant to M.S.
221.81.
415.03 Terms of Permit. The permit may regulate the date and hours of moving,routing,
movement, speed of movement, and such other matters as are determined necessary to
protect the safety and welfare of the residents of the City.
415.04 Duties of Building Official.
Subd. 1 Inspection; Denial of Permit. The Building Official shall inspect the
building and the applicant's equipment to determine whether the following
standards for issuance of a permit are met. The Building Official shall refuse to
issue a permit if it is found that:
A. The application has not been properly completed or any required fee,
deposit, bond, or insurance requirement has not been submitted.
B. The building is too large to move without endangering persons or
property in the City.
C. The building is in such state of deterioration or disrepair or is otherwise
so structurally unsafe that it could not be moved without endangering
persons or property in the City.
D. The building is structurally unsafe or unfit for the purpose for which
moved, if the location to which the building is to be moved is in the City.
E. Zoning, building code or other provisions of this Code would be violated
by the building in its new location if such location is in the City.
F. For any other reason, persons or property in the City would be
endangered by the moving of the building.
Subd. 2 Return of Fees and Deposits.
A. Upon denying a permit, the Building Official shall direct the Treasurer to
return to the applicant all deposits, bonds, and insurance policies. The
permit fee filed with the application shall not be returned.
B. After the building has been moved, the Building Official shall furnish the
Treasurer with a written statement of all expenses incurred and of all
damage caused to or inflicted upon property belonging to the City by reason
of the move. The Treasurer shall return to the applicant all deposits after
deducting a sum sufficient to pay for all of the costs and expenses and for all
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City of Edina Buildings, Construction and Signs 415.05
damage done to property of the City. The permit fee deposited with the
application shall not be returned.
Subd. 3 Designate Streets. The Building Official shall procure from the Engineer,
a list of designated streets over which the building may be moved. The Building
Official shall have the list approved by the Police Chief and shall attach the list to
the permit. In making their determinations, the Engineer and Police Chief shall act
to assure maximum safety to persons and property in the City and to minimize
congestion and traffic hazards on public streets.
415.05 Duties of Permit Holder. Every permit holder under this Section shall:
Subd. 1 Use Designated Streets. Move a building only over streets designated for
such use in the written permit.
Subd. 2 Notify of Change in Moving Time. Notify the Building Official in writing
of a desired change in moving date or hours as proposed in the application.
Subd. 3 Notify of Damage. Notify the Building Official in writing of any and all
damage or injury done to property belonging to the City or any public utility within
24 hours after the damage or injury has occurred.
Subd. 4 Display Lights. Cause red lights to be displayed during the night time on
every side of the building, while on a street, so as to warn the public of the
obstruction, and at all times erect and maintain barricades across the streets so as
to protect the public from damage or injury by reason of the building. Warning
lights with open flames shall not be used.
Subd. 5 Perform Work Diligently. Follow the schedule submitted to the Building
Official. A building may not occupy a public street in excess of the time period
provided in the schedule. A building may not be permanently or temporarily placed
on private property except the property identified on the application as the
permanent location for the building.
Subd. 6 Comply with Governing Law. Comply with Section 850 and all other
applicable provisions of this Code and State Law upon relocating the building in the
City.
Subd. 7 Pay Expense of Officer. Pay the expense of a traffic officer ordered by
the Building Official, Police Chief or Manager to accompany the movement of the
building to protect the public from injury.
Subd. 8 Clear Old Premises. Remove all rubbish and materials and fill all
excavations to existing grade at the original building site, if within the City, so that
the premises are left in a safe condition. All foundation structures shall be removed
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City of Edina Buildings, Construction and Signs 415.07
to a depth of 18 inches below the finished grade of the lot and the foundation hole
shall then be filled in, compacted and leveled.
Subd. 9 Remove Service Connection. Cause the sewer line to be plugged with a
concrete stopper, and the water to be shut off, if the original building site is within
the City. Permittee shall notify the gas and electric service companies to remove
their services.
415.06 Liability to City.
Subd. 1 Liable for Expense above Deposit. The permit holder shall be liable for
any expenses, damages or costs in excess of deposited amounts or security amounts.
Subd. 2 Original Premises Left Unsafe. If the original building site is within the
City, and if the permit holder does not comply with the requirements of this Section,
the City may do the work necessary to place the original premises in a safe
condition and in compliance with this Section. This cost shall be the responsibility
of the permit holder and may be charged against any cash deposit required by the
terms of this Section. The permit holder shall remain liable for any costs in excess
of the cash deposit.
415.07 Subject to M.S. 221.81. The provisions of this Section shall be subject to the
provisions of M.S. 221.81, and no provision of this Section which is prohibited by M.S.
221.81 shall be enforced.
History. Ord 411 codified 1970; amended by Ord 411 Al 11-25-81
Reference: M.S. 221.81
Cross Reference. Sections 160, 185, 850
415 - 4
City of Edina Buildings,Construction and Signs 420.05
Section 420 - Excavations
420.01 Permit Required. No person shall excavate, dig, tunnel, trench or ditch in or
under any street, alley, park or public easement for the purpose of connecting or installing
any water, sewer, drain, gas, steam, cable television, electric or telephone conduits,
conductors or pipes, or for installing or using monitoring wells, or for any other purpose,
without first obtaining a permit, paying the fee and giving a bond as hereinafter provided;
however, such permit shall not be required for work to be done under the supervision or
inspection of the Engineer or the City's agents or employees.
420.02 Application; Fee. Each application for a permit shall be made in writing on a
form provided by the Building Official and accompanied by a fee in the amount set forth
in Section 185 of this Code. Such fee shall include the cost of resurfacing pursuant to
Subd. 2 of Subsection 420.07 as then estimated by the Engineer. Any excess of fee paid
for resurfacing shall be returned to the applicant once the resurfacing work is done.
420.03 Bond. A surety bond in the amount of $5,000 shall be required from each
permit applicant. Such bond shall be from a corporate surety authorized to do business
in the State and shall be conditioned that the holder will perform the work in accordance
with this Section and applicable regulations, will pay to the City any costs incurred by the
City in performing work pursuant to Subsection 420.05, and will indemnify and save the
City'and its officers, agents and employees harmless against any and all claims,judgement
or other costs arising from the excavation and other work covered by the permit or for
which the City, Council or any City officer may be liable by reason of any accident or
injury to persons or property through the fault of the permit holder, either in not properly
guarding the excavation or for any other injury resulting from the negligence of the permit
holder. Such bond otherwise shall be in form and substance acceptable to the Building
Official. Licensed plumbers shall also be required to furnish a bond pursuant to this
Subsection, in addition to any other bond required to be furnished pursuant to any other
applicable sections of this Code, if the excavation, digging, tunneling, trenching or ditching
to be done pursuant to the permit applied for is to be done by a machine, but no such
additional bond shall be required if it is to be hand dug.
420.04 Permit. The Building Official shall grant a permit upon finding the work will
comply with applicable sections of this Code. The permit shall be kept on the site of the
work while it is in progress, in the custody of the individual in charge of the work. The
permit shall be exhibited upon request made by any City official or police officer.
420.05 Diligence in Performing Work. Work shall progress in an expeditious manner
until completion in order to avoid unnecessary inconvenience to traffic. Expeditious
manner shall mean consistent and continuous progress with the work with no one delay
longer than 15 hours. In the event that the work is not performed in accordance with
applicable regulations pertaining to excavations and utility connections, or the work is not
done in an expeditious manner, or shall cease or be abandoned without due cause, the City
420 - 1
City of Edina Buildings,Construction and Signs 420.07
may, after 24 hour notice to the permit holder, correct the work and fill the excavation or
repair the street. The entire cost of such work shall be paid by the permit holder upon
demand made by the City.
420.06 Provisions Supplemental. The provisions of this Section are not in lieu of, but
are supplemental to, provisions or other sections of this Code requiring utility connection
permits.
420.07 Regulations.
Subd. 1 Safety. The permit holder shall:
A. Observe and comply with all laws, rules and regulations of the State and
local authorities and shall take such precautions as are necessary to avoid
creating unsanitary conditions. The permit holder shall provide suitable
toilet facilities for workers on the project.
B. Conduct the operations and perform the work in such a manner as to
ensure the least obstruction and interference to traffic.
C. Take adequate precautions to ensure the safety of the general public and
those who require access to abutting property.
D. In all cases where construction work interferes with the normal use of
the construction area, provide for closing the construction area to traffic or
to afford it restricted use of the area and comply with County traffic safety
signing requirements.
E. Exercise precaution at all times for the protection of persons, including
employees and property. The safety provisions of applicable laws, building
and construction codes shall be observed; machinery, equipment and all
hazards shall be guarded or eliminated in accordance with the safety
provisions of the Manual of Accident Prevention in Construction, published
by the Association of General Contractors of America, to the extent that such
provisions are not in conflict with applicable law.
F. Protect and identify excavations and work operations with barricade flags,
and if required, by flagmen in the daytime, and by blinkers at night.
G. Provide proper trench protection when necessary and depending upon the
type of soil, in order to prevent cave-ins endangering life or tending to
enlarge the excavation. Not fewer than two employees of the permit holder
must be present while work is in progress.
H. Not operate the end of boomed or swinging equipment closer than five
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City of Edina Buildings, Construction and Signs 420.07
feet of a power or communication cable, guy or stay.
I. Protect the root growth of trees and shrubbery.
Subd. 2 Roadway. The permit holder shall comply with the following:
A. Installation of pipe (utility conductors) under Portland Cement Concrete,
asphalt concrete, or other high-type bituminous pavements shall be done by
jacking, auguring or tunneling as directed by the City unless otherwise
authorized. When this type of installation is made, a casing of larger
dimension shall be used to sleeve or encase the service pipe or conductor.
B. When excavating in or trenching across an improved road, material
excavated shall be piled separately.
C. When removing pavement of Portland Cement Concrete, asphalt concrete
or high-type built-up bituminous surfacing, the pavement shall be removed
on each side of the trench or excavation a distance of nine inches beyond the
trench width and length, in order to provide a shoulder and solid foundation
for the surface restoration.
D. To obtain a straight edge and neat-appearing opening in pavement
surfaces, the following procedure is required:
1. Portland Cement Concrete Pavement-The surface shall be saw-cut
scored two inches deep and the concrete broken out by sledge or
pneumatic hammer.
2. Asphalt Concrete - The surface shall be cut full depth by
pneumatic hammer chisel.
E. Excavations, trenches and jacking pits off the roadway or adjacent to the
roadway or curbing shall be sheathed and braced depending upon location
and soil stability, and as directed by the City.
F. Excavations, trenches and jacking pits shall be bermed when unattended
to prevent entrance of surface drainage.
G. All backfilling must be placed in six inch layers at optimum moisture and
compacted with the objective of attaining 100 per cent of AASHO density.
Compaction shall be accomplished with hand, pneumatic or vibrating
compactors as appropriate.
H. Backfill material shall be Class 5, MHD Specs, or better in the judgement
of the City.
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City of Edina Buildings,Construction and Signs 420.07
I. Compacted backfill shall be brought to street grade and crowned at the
center not more than one inch.
J. The permit holder shall notify the Building Official immediately following
backfilling the excavation. The City shall then install permanent resurfacing
of a type determined by the Engineer. The cost of resurfacing shall be paid
to the City in the amount set forth in Section 185 of this Code as provided
in Subsection 420.02.
K. If settlement occurs or excavation fails within two years from completion
date, requiring replacement of the excavation or trench roadway surface, the
excavation or trench backfill material and the surfacing will be replaced by
the City at the expense of the permit holder.
L. City approval shall be required for any construction, anchors or braces
within the boulevard or on the shoulders. Vehicles may not be driven onto
boulevards without City approval.
M. Method of construction and type of machine excavation shall receive
prior City review.
N. Excavations and trenching wider or longer than four feet are not
permitted without special authorization.
O. Street traffic shall be maintained unless provided otherwise by the permit
provisions.
P. When one excavation or trench is made adjacent or contiguous to or
merging into or close to any other excavation, the parry making the last
excavation shall be liable for any violation of this regulation and for after-
settlement at the intersection of the excavation.
Q. No lugs damaging to roadway surface may be used on equipment.
R. Dirt or debris tracked or spilled onto the street surfacing shall be
periodically removed during construction to prevent accumulation.
S. Street surface and roadside shall be cleaned after construction is
completed and left in a neat and presentable condition.
T. After all construction and cleanup has been completed, the permit holder
shall notify the Building Official within 24 hours and request final inspection
and acceptance of the work.
420 - 4
City of Edina Buildings,Construction and Signs 420.07
History: Ord 421 codified 1970; amended by Ord 421 AI 7-20-72, Ord 421-A2
6-17-81, Ord 421-A3 12-27-89
Cross Reference: Section 185
420 - 5
City of Edina Buildings,Construction and Signs 425.05
Section 425 - Littering in the Course of Construction Work
425.01 Precaution Against Littering Required. No person, in the course of construction
work, shall permit a vehicle to enter upon any public street, alley, sidewalk or other public
place without first:
A. Having its tires and wheels cleaned so as not to litter or soil any street, alley
sidewalk or other public place; and
B. Having any material removed from the interior or exterior of the vehicle body
which might fall or be deposited upon any street, alley, sidewalk or public place by
normal movement of the vehicle in traveling over such places.
425.02 Maintenance at Building Site.
Subd. 1 Public Places. All streets, alleys, sidewalks or public places adjacent to
any building or construction site shall be maintained free of soil or litter caused by
erosion, landslides or general construction activities at such site.
Subd. 2 Construction Sites. All refuse generated by demolition or construction
activities shall be promptly deposited and stored in dumpsters or containers for such
purposes. Dumpsters and containers shall be periodically serviced to prevent refuse
from blowing to other properties. Dumpsters and containers shall be removed
within ten days of the cessation of work at the building site.
425.03 Principal Responsible;Joint Responsibility. Whenever a person is engaged in any
construction or maintenance activity as a general contractor or principal contractor, it shall
be that person's responsibility to see that none of the provisions of this Section are violated
by the agents, employees, subcontractors, or haulers of materials and supplies. If more
than one general contractor or principal contractor is involved in work which contributes
to the soiling or littering of streets, alleys, sidewalks or other public places in the same site
or area, they shall be severally and jointly responsible for compliance with the provisions
of this Section and any penalties imposed for violations of this Section.
425.04 Clean-Up Required. If a street, alley, sidewalk or other public place should
become soiled or littered through any of the aforementioned means, the person or persons
responsible shall cause such soiling or littering to be cleaned up not later than the end of
the working day in which such soiling or littering shall have occurred or been observed.
425.05 Enforcement by Engineer. If the person or persons responsible for violation of
this Section fail to comply with any order of the Engineer to clean up, or failto take such
precautions declared by the Engineer to be necessary to prevent foreign materials from
being deposited on the street, alley, sidewalk or other public place, then the Engineer may
order in writing all ingress and egress to the site or area involved to be stopped until
425 - 1
City of Edina Buildings,Construction and Signs 425.06
compliance with the order is effected.
425.06 Certain Construction Work Exempted. The above rules shall not apply to
construction work within the barricaded area of work being done in the street or other
public right-of-way pursuant to a City excavation permit authorizing the same,or to certain
emergency or other work being performed within a barricaded area pursuant to a City
contract, or under permit issued by the City, or being performed by emergency forces,
provided that excavated material stored temporarily within the barricaded area shall not
be scattered or carried or allowed to accumulate outside of such area.
History. Ord 422 codified 1970
425 - 2
City of Edina Buildings,Construction and Signs 430.03
Section 430 - Regulating Installers of Gas Piping or
Gas Burning Systems, OR Burners, Stokers, Steam or Hot Water Systems,
Mechanical Warm Air Heating and Air Conditioning Systems,
Refrigeration Systems, Plumbing and Water Conditioning Equipment.
430.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Gas Piping Work. The construction, reconstruction, installation, alteration,
extension, or repair of gas piping or gas burner systems.
Mechanical Work. The construction,reconstruction,installation,repair or alteration
of any oil burner, stoker, steam or hot water heating system, mechanical warm air
heating and air conditioning system, or refrigeration system.
Person, Applicant, Registrant, Licensee. A business enterprise employing one or
more individuals engaged in the work identified by this Section.
Plumbing Work. The construction, reconstruction, alteration, extension, or repair
of any plumbing work or building drainage, or connecting plumbing work with the
City sanitary sewer system or septic tank or water system or the installation of
plumbing fixtures.
Water Conditioning Work. The installation of water softener and conditioning
equipment.
430.02 License or Registration Required. No person shall perform or receive a permit
to perform mechanical work or gas piping work in any building in the City without having
first received a license as provided in this Section. No person shall perform any plumbing
or water conditioning work in any building in the City without first registering with the
City a State issued license as provided in this Section.
430.03 License Requirements.
Subd. 1 License Provisions. The provisions of Section 160 and Section 165 of
this Code shall apply to all licenses and license registrations required by this Section
and to the holders of such licenses, except that licenses, license registrations, and
renewals shall be granted or denied by the Building Official.
Subd. 2 License Application for Mechanical Work. The application for any license
or renewal of a license for mechanical work required by Subsection 430.02 shall be
accompanied by proof that the applicant holds a Certificate of Competency issued
by a city acceptable to the Building Official or upon obtaining a passing score on a
430 - 1
City of Edina Buildings,Construction and Signs 430.04
test administered by the Building Official.
Subd. 3 License Application for Gas Piping Work. The application for any license
or the renewal of any license for gas piping work required by Subsection 430.02
shall be accompanied by proof that the applicant holds a Certificate of Competency
issued by a city acceptable to the Building Official or upon obtaining a passing score
on a test administered by the Building Official.
Subd. 4 License Registration for Plumbing Work. The registration of a State
issued plumbing license shall be accompanied by proof that the registrant holds a
then current Master Plumbing License issued by the State Department of Health.
Subd. 5 License Registration for Water Conditioning Work. The registration of
a State issued Water Conditioner Installer License shall be accompanied by proof
that the registrant holds a current Water Conditioning Installer License from the
State Department of Health.
Subd. 6 Liability Insurance. Unless prohibited by State Law, the applicant for a
license or license registration shall also furnish proof that a policy of public liability
insurance has been procured with respect to work to be performed by the applicant
during the period of the license for death or personal injury arising therefrom to any
person or persons, in amounts not less than $100,000 for injury to or death of one
person and $300,000 for any one incident, and for damage to property arising from
any one incident in the amount of not less than $50,000.
Subd. 7 Place of Business. Every applicant for a license or license registration
must maintain a place of business in the State. As used in this Section, place of
business shall consist of a bona fide location where record keeping and
administrative functions of the business for which the license is issued are
transacted.
Subd. 8 Fee. All applications for licenses shall be accompanied by a fee in the
amount set forth in Section 185 of this Code.
430.04 Unlawful Acts. No licensee shall take out or secure a permit for the construction,.
installation, alteration, or repair of any systems or equipment covered by this Section
where the work is to be done by any person not in the employ of such licensee, nor allow
licensee's name to be used by any other person for the purpose either of doing any such
work or of obtaining a permit to do so.
History. Ord 429 adopted 3-1-73; amended by Ord 429 AI 11-25-81
Cross Reference: Sections 160, 165, 185
430 - 2
City of Edina Buildings, Construction and Signs 435.05
Section 435 - Regulating Mechanical Work and Gas Piping Work
435.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Gas Piping Work. The construction, reconstruction, installation, repair, alteration
or extension of gas piping or gas burner systems.
Mechanical Work The construction,reconstruction,installation,repair or alteration
of any oil burner, stoker, steam or hot water heating system, mechanical warm air
heating and air conditioning system, or refrigeration system.
435.02 Uniform Mechanical Code. The Uniform Mechanical.Code adopted by Section
410 of this Code adopting the Minnesota State Building Code shall be applicable to the
pertinent provisions of this Section.
435.03 Permit Required. No person shall perform any mechanical work or gas piping
work without first obtaining a permit from the City. The application for a permit shall be
made to the Building Official on forms provided by the Building Official. The Building
Official may require that the application include full plans and specifications for the work,
and may further require that such plans and specifications be certified by a mechanical
engineer licensed by the State. Such certification,when required, shall state that the work
will not violate any provisions of the Uniform Mechanical Code or any other provisions of
this Code. The Building Official shall grant the permit upon finding that the work will
comply with the Uniform Mechanical Code and this Code. No change in the work for
which a permit has been issued may be made without the written consent of the Building
Official.
435.04 Permit Holder Must be Licensed; Exception. An applicant for a permit required
by this Section must be duly licensed or registered in accordance with Section 430 of this
Code. Where permitted by State Law, permits may be issued to make repairs, additions,
replacements and alterations to any mechanical work in any single family dwelling
structure used exclusively for living purposes or to any building accessory thereto, provided
that all such work in connection with it shall be performed only by the person who is the
bona fide owner and occupant of such dwelling as the person's residence or a member of
such owner-occupant's immediate family. "Immediate family" includes only a parent,
spouse, child by birth or adoption, and such child's spouse.
435.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the
installation of any mechanical work or gas piping work in any building in which
mechanical equipment or gas piping has, in whole or in part, been installed contrary to
Code provisions in effect at the time of such installation until such illegally installed system
shall have been removed from it or brought into compliance with this Code and the
Uniform Mechanical Code.
435 - 1
City of Edina Buildings,Construction and Signs 435.10
435.06 Approval of Materials and Appliances. No person shall install any material or
appliance which has not been approved by the Building Official. No person shall represent
that any material or appliance has been approved by the Building Official for installation
who knows that such approval has not been given.
435.07 Permit Fee. The fee for a permit required by this Section shall be in the amount
set forth in Section 185 of this Code.
435.08 Inspections. All equipment and installations installed pursuant to this Section
shall be inspected by the Building Official, or a special inspector designated and approved
by the Building Official. Inspections shall be made during construction and before
enclosure or concealment of any equipment and accessory materials. Final inspection and
operating tests shall be made before unconditional occupancy of the building is permitted.
Final test reports must be submitted with final inspection.
435.09 Certification. Upon completion of any mechanical work for which a permit was
required, the Building Official may require a certification by a mechanical engineer then
currently licensed by the State, to the effect that all such work was done in full compliance
with the Uniform Mechanical Code and all other applicable provisions of this Code.
435.10 Interpretation. In the event the provisions of the Building Code are less
restrictive than the provisions of this Section, the provisions of the Building Code shall
control.
History. Ord 433 8-10-72, Ord 433 AI 3-1-73, Ord 433-A2 2-13-80, Ord 433-A3 6-17-81
Cross Reference: Section 185, 410, 430
435 - 2
City of Edina Buildings,Construction and Signs 440.03
Section 440 - Regulating Plumbing and Installation
of Water Conditioning Equipment
440.01 Minnesota Plumbing Code. The Minnesota State Plumbing Code, adopted by
Section 410 of this Code adopting the Minnesota State Building Code, shall be applicable
to pertinent provisions of this Section.
440.02 Permit Required. No person shall construct, reconstruct, extend, alter or repair
any plumbing work, or install any plumbing fixture, or connect any plumbing work with
a cesspool or the City sewage system or the City water system, or install water conditioning
equipment without first obtaining a permit from the City. The application for a permit
shall be made to the Building Official on forms provided by the Building Official. The
Building Official may require that the application include full plans and specifications for
the work. The Building Official shall grant the permit upon finding that the work will
comply with the State Plumbing Code and this Code. No change in the work for which the
permit has been issued may be made without the written consent of the Building Official.
440.03 License Required for Plumbing or Water Conditioning Work; Exception.
Subd. 1 License Required. An applicant for a permit required by this Section
must be duly licensed or registered in accordance with Section 430 of this Code.
In addition, no individual shall construct, reconstruct, extend, alter or repair any
plumbing work or building drainage, or construct cesspools, or construct,
reconstruct, or connect any building drainage with cesspools or the City sewage
system or the City water system either directly or indirectly unless such individual
holds a valid master,journeyman or apprentice plumbing license issued by the State
Department of Health to do such work; provided that a registered apprentice
plumber shall be permitted to do plumbing work only under the direct supervision
of a journeyman plumber who is present on the work site. No individual shall
install water conditioning equipment unless such person holds a valid master or
journeyman plumbing license or a water conditioning installer license issued by the
State Department of Health. No individual shall display any sign stating or implying
that said person is carrying on the business of plumbing unless said individual holds
a valid master plumber's license issued by the State. No owner, lessee or occupant
of any premises in the City, nor the representative or agent of any such owner,
lessee or occupant, shall knowingly hire or otherwise engage any person to do
plumbing work or water conditioning installation work on such premises who does
not hold a valid license issued by the State.
Subd. 2 Exception. Any other provisions of this Section to the contrary
notwithstanding and where permitted by State Law, permits may be issued to make
repairs, additions, replacements, and alterations to any plumbing or drainage work
or install water conditioning equipment in any single family dwelling structure used
440 - 1
City of Edina Buildings,Construction and Signs 440.09
exclusively for living purposes or any buildings accessory thereto, provided that all
such work in connection with it shall be performed only by the person who is the
bona fide owner and occupant of such dwelling as the person's residence or a
member of such owner-occupant's immediate family. "Immediate family" includes
only a parent, spouse, child by birth or adoption, and such child's spouse.
440.04 Fee. Applications for permits pursuant to this Section shall be accompanied by
the fee set out in Section 185 of this Code.
440.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the
installation of any plumbing work or water conditioning installation work in any building
in which a plumbing system has, in whole or in part, been installed contrary to City Code
provisions in effect at the time of such installation until such illegally installed plumbing
shall have been removed from it or brought into compliance with this Code and the
Minnesota State Plumbing Code.
440.06 Work on Condemned Plumbing. Whenever any plumbing has been condemned
by the Sanitarian or authorized assistant, a copy of the notice sent by the Sanitarian to the
agent, occupant, or person in charge or control of the premises where such plumbing has
been condemned shall be filed with the Building Official by said Sanitarian, and all repairs,
alterations and installations made on such condemned plumbing shall be made and done
in accordance with this Section. The plumber hired to perform such work shall secure a
permit for such work as required by this Section and shall make such tests of the completed
work as may be required by the Building Official.
440.07 Permit Required to Install Hot Water Heaters. No person shall install or reinstall
any hot water heater or a hot water storage tank in connection with a heating element
connected to any water system, without first having obtained a permit from the Building
Official.
440.08 When Permit Not Required. Permits will not be required for repairing leaks in
water pipes or for repairs of faucets or valves.
440.09 Additional Regulations for Plumbing Installation. The following additional
regulations shall apply to all plumbing work:
Subd. 1 Minimum Depth. The minimum depth of house water service lines shall
be seven feet.
Subd. 2 Manholes. All sewer services being cut into manholes where required
shall be inside drops of cast iron with the pipe strapped to the manhole wall and
painted with two coats of INERTOL POMTAR paint or equal.
Subd. 3 Laying Lines. All sewer shall be laid with an even pitch without sags or
bows. Grades of sewer shall be one inch per eight feet minimum and one inch per
440 - 2
City of Edina Buildings,Construction and Signs 440.09
two feet maximum. All lines shall be laid on firm ground with back-fill, well
compacted.
Subd. 4 Meters. Meters shall be set at least one foot above the floor and not over
four feet above it. There must be a gate or ball valve on each side of the meter.
Subd. 5 Water Services Through Buildings. All water services passing through
a portion of the building shall be run under the floor or slab to the location of the
meter.
Subd. 6 Curb Boxes. Curb boxes must be brought up to grade and must be
plumb and operable after backfilling.
Subd. 7 Ditches. All ditches shall be left open until after inspection.
Subd. 8 Safety Regulations. The following safety regulations are applicable
whenever the plumbing work requires the digging of ditches or holes more than
four feet deep:
A. There must be at least two workers on each job at all times when work
is in progress;
B. All hand dug holes must be protected from collapse from the top to
bottom as they are dug;
C. All machine dug holes or ditches with perpendicular side walls must be
shored or braced from top to bottom for their entire length. Metal box
frames with 3/4" plywood sides or 3/4" plywood with metal jack spreaders
spaced every three feet on center horizontally and vertically are acceptable
as shoring. All frames or shoring must be left in the excavation until after
inspection;
D. Unshored holes and ditches are acceptable only if the sides are sloped
one foot out for every one and one half feet in depth. A seven foot ditch
must be 11'4" across the top, an eight foot ditch must be 12'8" across the
top, and a nine foot ditch must be 14 feet across the top, assuming a two
foot width across the bottom;
E. All materials shall be kept back at least two feet from the edge of the
ditch. All rocks or large frozen pieces must be piled far enough back to
prevent their rolling back into the ditch;
F. Where it is necessary to tunnel or undermine a slab or a curb or gutter
to make a connection, the slab or curb and gutter must be shored with 4 x
4 timbers. A 4 x 4 header must be placed under the slab or curb and gutter
440 - 3
City of Edina Buildings, Construction and Signs 440.12
and supported by two 4 x 4 timbers resting on solid ground. Shores shall be
placed at no more than three foot intervals. When digging next to
foundations the proper safety precautions shall be observed, including
bracing and shoring of walls to prevent cave-in;
G. All excavations must be covered or barricaded when work is not in
progress. All excavations on streets or sidewalk ways must be undertaken
in full compliance with Section 420 of this Code; and
H. Because of the numerous underground services installed in the City by
the public utilities, the location of gas lines, telephone lines and electric lines
must be ascertained by the person in charge of the work before digging is
started.
440.10 Approval of Materials, Appliances, and Fixtures. No person shall install any
materials, appliances or fixtures which have not been approved by the Building Official.
440.11 Inspection. All work for which a permit is required by this Section shall be
subject to inspection by the Building Official or the deputy, who shall be permitted access
for purposes of inspection at all reasonable times by the owner or occupant of the premises
where the work is to be or is being done, and by the person doing the work.
440.12 Procedure in Case of Violation. In case of any violation, the Building Official
may serve upon the person who performed the work, or upon the owner or occupant of
the premises where the work was done, a written notice describing the location and nature
of the violation and the steps to be undertaken to remedy the violation, and ordering that
such steps be taken within a reasonable period from the date of such service, which shall
be not less than five days nor more than 90 days. Failure by any party so served to
remedy the violation within the period specified shall be deemed a violation of this Section.
History. Ord 431 codified 1970; Ord 431 Al 2-18-76; Ord 431-A2 11-3-76,
Ord 432 Al 1-16-80; Ord 431-A3 5-13-81, Ord 431-A4 12-2-81;
Cross Reference. Sections 185, 410, 420, 430
440 - 4
City of Edina Buildings,Construction and Signs 445.03
Section 445 - Requiring Connections to Sanitary Sewer and
Water Systems; Regulating Discharges into Sanitary Sewer System
445.01 Sanitary Sewer Connection Required.
Subd. 1 New Construction. Whenever property abuts any public street or alley
in which sanitary sewer mains have been constructed,the owner of every residential
or non-residential principal use building hereafter constructed, reconstructed, or
placed on such property, and as a part of such construction, reconstruction, or
placing, shall connect the sewage disposal lines in such building with such mains in
such street or alley.
Subd. 2 Existing Buildings. The owner of every existing residential or non-
residential principal use building which abuts any public street or alley in which
sanitary sewer mains have been constructed, within two years after the date such
sanitary sewer mains did or will become usable, shall connect the sewage disposal
lines in such building with such mains. Such connection shall be made immediately
if such mains are usable and if the private sewage disposal lines for the building on
such property overflow, back up or otherwise fail.
445.02 Separate Sewer and Water Connections for Double Dwelling Unit Buildings or
Townhouses. In addition to the requirements of Subsection 445.01, any principal use
building in the Double Dwelling Unit District (R-2) or any townhouse, as defined by
Section 850 of this Code, that is (i) hereafter constructed, reconstructed, or placed on a
lot, or (ii) now existing but is on a lot hereafter subdivided pursuant to Section 810 of this
Code and or hereafter submitted to M.S. 515A(the Minnesota Uniform Condominium Act),
or (iii) now existing but non-conforming (as defined in Section 850 of this Code) but is
hereafter destroyed or damaged to such an extent that it is required to conform to all
restrictions of Section 850 of this Code, or (iv) now existing and conforming but is
hereafter destroyed or damaged to such an extent that, if it were a non-conforming
building as defined in Section 850 of this Code, it would have to conform to all restrictions
of Section 850 of this Code, and that abuts any public street or alley in which sanitary
sewer or water mains have been constructed, shall have the sewage disposal lines and
water services in each dwelling unit or townhouse unit connected with the sanitary sewer
mains or water mains and that there shall be one separate and independent sewer and
water connection for each such dwelling unit or townhouse unit.
445.03 Failure to Comply-, Notice. The Manager may cause written notice of sewer and
water connection requirements to be given to any person required by Subsections 445.01
or 445.02 to make such connections. Such notice shall be mailed by certified mail or
delivered by the Sanitarian, Building Official or Planner by order of the Manager. In the
event that (i) any person, required by Subsection 445.01 to connect an existing building
445 - 1
City of Edina Buildings,Construction and Signs 445.05
to sanitary sewer mains where there has been no overflow, backup or other failure of such
building's private sewage disposal system, fails to complete the making of such
connection(s) within six months after such written notice is given, or (ii) any person,
required by Subsection 445.01 to connect an existing building to sanitary sewer mains
where there has been an overflow, backup or other failure of such building's private
sewage disposal system fails to complete the making of such connection within 15 days
after the written notice is given, the Council may by resolution direct that the required
connection be made and the cost assessed against the benefitted property as set forth in
Subsection 445.06.
445.04 Withholding Approval of Plat or Subdivision. If connections are required because
of the subdivision or submittal to the Minnesota Uniform Condominium Act of a lot in the
Double Dwelling Unit District (R-2), or because of platting or subdivision or submittal to
the Minnesota Uniform Condominium Act of property to permit sale of individual
townhouses or individual lots or individual dwelling units, the connections shall be made
in connection with such platting or subdivision or submittal, and approval of the platting
or subdivision or submittal by the Council may be conditioned upon and withheld until
completion of the required connections.
445.05 Waiver by Construction Board of Appeals. Notwithstanding anything herein to
the contrary, any connection requirement may be waived by the Construction Board of
Appeals upon request of the owner of the property for which the waiver is requested and
upon a finding being made by the Board that a hardship exists that is not a mere
inconvenience and that is caused by the physical character of, and cost of compliance with,
the connection requirement and not by the owner or any person having an interest in the
property, and that the waiver will not be substantially detrimental to the public welfare or
to other lands or improvements in the neighborhood of the property. If the waiver is from
the requirements of Subsection 445.01, such waiver shall be granted upon the condition
that the owner of such property or properties shall comply with Section 710 of this Code.
If the waiver is from the requirements of Subsection 445.02, such waiver shall be granted
upon the further condition that the owner or owners of the property or properties shall
execute and deliver to the City a recordable agreement, in form and substance acceptable
to the Manager, providing:
A. That the City shall not be liable to any owners or occupiers of the property or
properties for any damage or injury to persons or property resulting from a lack of
the required separate and independent connections;
B. That all owners of the property or properties served by less than the required
separate and independent connections shall share equally in any costs incurred as
a result of not having the required separate and independent connections and shall
pay equally all sewer and water charges made for services to such property or
properties;
C. That the City may determine the charges for water and sewer usage by
445 - 2
City of Edina Buildings,Construction and Signs 445.08
allocating consumption equally among all properties using the common connection
and totaling the separate charges based upon such allocation;
D. That the City may discontinue water and sewer services to such property or
properties pursuant to Section 1100 of this Code even though such discontinuance
will affect property in addition to that of the persons causing the delinquency; and
E. That, if the property or properties are thereafter platted or subdivided or
submitted to the Minnesota Uniform Condominium Act, to permit the sale of
individual townhouses or individual lots or individual dwelling units, the City may
require that, in connection with such platting or subdivision or submittal, each such
individual townhouse, lot or dwelling unit shall have sewage disposal lines and
water lines connected directly and separately from all other townhouses or lots to
the sanitary sewer mains and water mains serving such townhouse, lot or dwelling
unit.
445.06 Assessment and Collection. After installation and connection is completed in
accordance with Council's resolution pursuant to Subsection 445.03, the Clerk shall serve
a written notice of the assessment upon the owner or owner's representative directing the
owner to pay said assessment to the City within ten days after the service of said notice.
If such assessment is not paid within ten days, the Clerk shall certify the amount of the
assessment to the county auditor for collection with interest in the same manner as other
special assessments and the same shall become a lien upon the property until paid;
provided, the Council may by resolution provide that the assessment be spread over a term
of up to ten years upon request of the owner of the property or the owner's representative.
Interest shall be charged on such assessment in the manner and at the rate then charged
by the City in connection with special assessments.
445.07 Certain Connection Prohibited. No person, owner, lessee or occupant of any
parcel of land, building or premises shall discharge, or permit to be discharged, directly or
indirectly, into the sanitary sewer system,water from roofs,yards, lawns, streets, or alleys;
water or other fluid used for the operation of air cooling and air conditioning equipment,
plants or units; nor discharge or permit to be discharged, directly or indirectly, into the
sanitary sewer system, any surface or subsurface waters, any gravel, sand, dirt, or any
other heavy material or any substance causing any extraordinary obnoxious odors or gases.
445.08 Removal of Prohibited Connections. Any person, owner, lessee or occupant, and
any plumber or building contractor who has presently made or permitted to be made, or
shall make or permit to be made, any connection to the sanitary sewer system for the
purpose of discharging into the system any of the substances described in Subsection
445.07 shall immediately remove such connection. If such connection is not removed
within 15 days after notice of the violation delivered personally to such person, owner,
lessee or occupant, or posted in the premises where such violation has occurred, the
Council may order the Manager to remove the connection. The expense of the removal
shall be assessed, with interest, against the premises and certified to the county auditor for
445 - 3
City of Edina Buildings, Construction and Signs 445.08
collection in the same manner as other special assessments and with interest at the same
rate then charged on other special assessments, and the same shall become alien on the
property until paid. Any such person, owner, lessee, occupant, plumber or building
contractor, in addition, shall be subject to the provisions of Subsection 100.09.
History: Ord 431 codified 1970, amended by Ord 431 AI 2-18-76, Ord 431-A2 I1-3-76,
Ord 431-A3 5-13-81, Ord 431-A4 12-2-81
Reference. M.S. 444.075, 445.01, 515A
Cross Reference. Sections 710, 810, 850, 1100; Subsection 100.09
445 - 4
City of Edina Buildings, Construction and Signs 450.01
Section 450 - Swimming Pools
450.01 Definitions. For the purpose of this Section, the following terms, phrases,words,
and their derivations shall have the meanings given.
Backwash Piping. The piping which extends from the backwash outlet of a filter to
its terminus at the point of disposal.
Filter. A material or apparatus by which water is clarified.
Inlet. The fitting or opening through which filtered water enters the pool.
Lifeline Anchors. The rings at transition point of the pool.
Main Outlet. The outlet at the deep portion of the pool through which the main
flow of water leaves the pool when being drained or being recirculated.
Main Suction. The line connecting the main outlet to the pump suction.
Pool Deck. The finished area around the pool.
Pool Depth The distance between the floor of the pool and the maximum operating
level when the pool is in use.
Pool Floor. That portion of the pool that is horizontal or inclined less than 45
degrees to the vertical from the horizontal.
Pool Wall.That portion of the pool that is vertical or inclined more than 45 degrees
to the vertical from the horizontal.
Public or Semi-Public Special Purpose Pool. Any pool in which the water is agitated
by the use of propellers, recirculating pumps, compressed air, or any other means,
except when located within or adjoining a single family residence, and available
only to the occupants of the residence and private guests.
Public or Semi-Public Swimming Pool. Any swimming pool other than a residential
swimming pool.
Recirculating Piping. The piping through which the water circulates from the pool
to the filter and return to the pool.
Recirculation Skimmer. A device connected with pump suction used to skim the
pool over a self-adjusting weir and return the water to the pool through the filter.
450 - 1
City of Edina Buildings, Construction and Signs 450.03
Residential Special Purpose Pool. Any basin for holding water which is designed for
human use, 100 square feet or less in water surface area with a water depth greater
than 24 inches at any point and which is accessory to a single family residence.
This definition includes, but is not limited to treatment pools, therapeutic pools,
whirlpools, spa pools, hot tubs and wading pools.
Residential Swimming Pool. Any constructed pool which is used, or intended to be
used, as a swimming pool in connection with a single family residence, and
available only to the occupants of the residence and private guests.
Return Piping. The piping which carries the filtered water from the filter to the
pool.
Swimming Pool. Any basin for holding water, designed for human use, with a
water depth greater than 24 inches.
Transition Point. The point between the shallow and deep area of the pool.
Vacuum Fitting. The fitting in the wall of the pool which is used as a convenient
outlet for connecting the underwater suction cleaning equipment.
Vacuum Piping. The piping which connects the vacuum fitting to the pump suction.
Width and Length Determination. The width and length of the pool shall be
determined by actual water dimensions.
450.02 Construction Permit Approval. No person shall commence any work on the
construction of a swimming pool, or any alteration, addition, remodeling or other
improvement, or on any repair to a swimming pool, without first obtaining a permit from
the Building Official. The applicant for a permit shall submit for approval by the Sanitarian
three sets of identical plans and specifications and pertinent explanatory data relative to
design, operation and maintenance insofar as health and safety features are concerned in
accordance with the standards prescribed by this Section. Approval by the Sanitarian shall
not pertain to design for structural stability. The Building Official shall not issue the
permit until the plans and specifications have been approved by the Sanitarian.
450.03 Plans to be Submitted. Plans, specifications and pertinent explanatory data
required by Subsection 450.02 shall comply with the provisions of this Section and shall
include, but not be limited to, the following, as well as such other data as may be
reasonably requested by the Sanitarian and the Building Official:
A. The general layout of the entire building lot on which the pool is to be located,
distances of the pool from the lot lines, water supply systems, buried sewers and
sewage disposal systems, utilities (electric, gas, telephone, etc.) or other sources of
contamination within 50 feet of the pool. The plans shall be drawn to a scale of
450 - 2
City of Edina Buildings, Construction and Signs 450.06
not less than one-fourth inch equals one foot and shall indicate all dimensions,
including the effective length, depth, and width of the pool deck and similar items.
B. Cross-section views of the pool.
C. Cross-section view of scum gutters and skimmers.
D. Diagrams showing all pipes, lines, vacuum lines, waste and discharge lines,
circulation and other piping and listing material specifications and size.
E. Pool equipment layout,showing location of filters,pumps, chlorinators,chemical
feeds, flow meter gauges, sight glass, strainers, hair and lint interceptors, and the
dimensions of the filter room, its location, floor drain, sumps and other pertinent
information.
F. Liquid capacity of the pool.
G. Kind, number and size of filters, including the square footage of the filter area
in each unit.
H. Rated capacity of the filter in gallons per minute.
I. Description of chemical feeds for soda ash and alum, if used.
J. Type, kind and description of chlorinator to be installed.
K. Type and range of testing equipment, including chlorine.
L. Source of water supply.
450.04 Construction in Accordance with Approved Plans;Deviation. All swimming pools,
appurtenances, water supply and drainage systems, and other features shall be constructed
in conformity with the approved plans. For any deviation from such plans, a
supplementary plan covering that portion of the work involved shall be filed for approval
and shall conform to the provisions of this Section.
450.05 Permit Fee. The fee for a permit required by Subsection 450.02 shall be in the
same amount as the fee for a building permit as set forth in Section 185 of this Code.
450.06 Construction. The design and construction, as well as all equipment and
materials, shall comply with the following requirements:
Subd. 1 Structural Design. The pool structure shall be engineered and designed
to withstand the expected forces to which it will be subjected. All non-masonry
constructed walls shall be installed in accordance with the manufacturer's specifications.
450 - 3
City of Edina Buildings, Construction and Signs 450.06
Subd. 2 Wall Design. The top elevation of the pool walls shall not exceed by
more than eight inches the highest ground elevation abutting the pool walls at any
point. In determining such highest ground elevation, no elevation increases shall
be considered that are due to fill placed or grading done in violation of this
Subsection. The walls shall be vertical to a depth of three feet from the water level.
No right angle projection shall be permitted with exception of steps at the shallow
end.
Subd. 3 Floor Slope. The slope of the floor on the shallow side of the transition
point shall not exceed one foot vertical to ten feet horizontal (1:10). The transition
point between shallow and deep water shall occur in a water depth of at least five
feet, provided that this may be four and one-half feet if a safety line is erected at
this point. Where the water is five feet or more in depth, the maximum slope shall
not exceed one foot vertically in each three feet horizontally (1:3), provided that
the floor slope from the point of maximum depth to the deep end wall may be one
foot vertically in each one foot horizontally (1:1).
Subd. 4 Overflow and Surface Drainage. The pool and surrounding area shall be
constructed and arranged in such a manner that no splash or overflow water shall
return to the pool. No surface or roof drainage shall be permitted to enter the pool.
Subd. 5 Finish and Cove. Pool floor and walls shall have a cleanable, white or
similar light-colored and impermeable surface. The pool floor shall be skid resistant.
There shall be a minimum cove or rounded corner of one inch radius or more of the
pool floor and wall, or such other interior construction. Where the water depth is
less than five feet, the maximum radius or such cove shall be 12 inches.
Subd. 6 Handholds. Handholds shall be provided and consist of a bull-nosed
coping not over two and one-half inches thick for the outer two inches or an
equivalent approved handhold. The handhold shall not be more than nine inches
above the normal water line and shall extend around the entire periphery of the
pool.
Subd. 7 Pool Deck. Unobstructed deck areas not less than 48 inches wide shall
be provided to extend entirely around each swimming pool. No deck need be
provided for that side of a swimming pool forming a common wall with a residential
special purpose pool, where the water depth of both the swimming pool and the
special purpose pool are less than 54 inches, and where the deck extends around all
of those sides of the special purpose pool not sharing a common wall with the
swimming pool. The deck shall be constructed above, but not more than nine
inches above, the normal water line. The deck area shall be constructed of
impervious material, and the surface shall be smooth and easily cleaned and of non-
slip construction. The deck shall have a pitch of at least one-fourth inch to the foot,
designed so as to prevent back drainage into the pool. If deck drains are provided,
drain pipe lines shall be at least two inches in diameter; drain openings shall have
450 - 4
City of Edina Buildings, Construction and Signs 450.06
an open area of at least four times the cross-sectional area of the drain pipe. The
deck drain system shall have indirect connections to the sanitary sewer. The deck
drains shall not be connected to the recirculation system piping.
The Building Official may waive the deck requirement for a residential special
purpose pool under the following conditions:
A. The pool is accessible from at least one side by a deck.
B. The deck is no less than four feet wide as measured perpendicular to the
pool side and no less than eight feet long as measured parallel with the pool
side.
Subd. 8 Steps or Ladders. Two or more means of egress in the form of steps or
ladders shall be provided for all residential swimming pools. At least one such
means of egress shall be located on a side of the pool at the deep end and one at
the shallow end of the pool. Treads of steps and ladders shall be constructed of
non-slip material and shall be at least three inches wide for their full length.
Ladders and step holes shall have a handrail on both sides. Steps shall be located
only at the shallow end of the pool.
Subd. 9 Diving Area. Minimum depths and area shall be as follows:
Deck Intermediate One Meter
Level Board Board Board
Maximum distance 18 inches 30 inches 39.37 inches
above water
Minimum water 8 feet 8 feet 8.5 feet
depth five feet
from tip of
diving board
Distance of 10 feet 11 feet 12 feet
deep point
from diving
wall
Distance from 10 feet 11 feet 12 feet
deep point to
transition point
Minimum diving 2.5 feet 2.5 feet 3 feet
board overhang
450 - 5
City of Edina Buildings, Construction and Signs 450.09
Minimum distance 7 feet 7.5 feet 8 feet
from side wall
to center of
board
At least 13 feet of free and unobstructed headroom shall be provided above diving
boards. One depth marking shall be provided in the deck or the wall of the pool
above the high water line indicating the greatest depth in feet. Diving structures
shall be securely anchored.
Subd. 10 Minimum Depth. The minimum depth for all pools shall be three feet
except for special purpose pools.
Subd. 11 Above Ground Swimming Pool; Fill. Swimming pools that are
constructed or erected wholly above ground are and shall be prohibited. No fill
shall be placed or grading done on the property to raise the ground elevation for the
purpose of raising the top elevation of the pool walls.
450.07 Recirculation System. A recirculation system consisting of pumps, piping, filters,
skimmers, valves, and disinfection equipment shall be provided which will clarify and
disinfect the swimming pool water volume in 12 hours or less. The recirculation system
components shall comply with NSF International 50, 1985.
450.08 Recirculation Pump. The recirculating pump shall have sufficient capacity to
provide the rated flows of the filter system, without exceeding the head loss at which the
pump will deliver such flows. The pump motor shall not be operated at an overload which
exceeds the service factor. The pool pump shall be equipped on the inlet side with an
approved hair and lint interceptor. The basket of the interceptor shall be non-corrosive and
have openings not larger than one-fourth inch in diameter.
450.09 Pool Piping. The pool piping shall be sized to permit the rated flows for filtering
and cleaning without exceeding the maximum head at which the pump will provide such
flows. In general, the water velocity in the pool piping should not exceed more than six
feet per second. Where velocity is to exceed six feet per second, summary calculations shall
be provided to show that rated flows are possible with the pump and piping provided. The
recirculating piping and fittings shall meet the following requirements:
Subd. 1 Vacuum Fitting Location. Where vacuum fittings are provided, they shall
be located in accessible positions below the water line.
Subd. 2 Pool Recirculation Piping. Pool recirculation piping, passing through the
pool structure, shall be copper, brass, or approved equal tubing with a minimum
wall thickness of type "L".
450 - 6
City of Edina Buildings, Construction and Signs 450.12
Subd. 3 Pool Piping System The pool piping system shall be constructed of
materials prescribed in the Minnesota State Plumbing Code.
Subd. 4 Inspection of Pool Piping. Except for the pool water supply line, all pool
piping must be installed by the pool contractor and must be inspected by the
Building Official prior to covering the system.
450.10 Recirculating Skimming Device. Recirculating skimming devices shall be provided
to skim the surface of the pool, with one unit installed to serve each pool, and such
additional units as may be required, to provide a minimum of one for each 600 square feet
of pool water surface or fraction thereof. Recirculating skimmers and pool inlets shall be
located so that the pool inlets assist the skimming action to adequately remove the film on
the pool water surface. When pools are irregularly or specially shaped, skimming devices
shall be located in each offset.
450.11 Inlets. Adjustable inlets shall be located to produce uniform circulation of water
throughout the pool without the existence of dead spots.
Subd. 1 Minimum Number. A minimum of two inlets shall be required for each
pool, with an additional inlet for each additional 40 lineal feet or fraction thereof
of pool periphery over 120 lineal feet. Where automatic skimmers and skimmer-
filter units are used, inlets shall be installed so as to direct the flow of water in a
horizontal plane to the skimming device inlet. The minimum discharge depth of
pool inlets shall be ten inches below the pool operation level. When pools are
irregularly or specially shaped, additional inlets shall be installed in each offset.
Subd. 2 Make-up Water. Suitable facilities for adding make-up water shall be
provided. There shall be no physical connection between the water supply line and
the pool system. If the make-up water is added directly to the pool, the fill spout
shall be at least six inches above the upper rim of the pool. If the make-up water
line discharges to a surge or balancing tank, the point of discharge shall be at least
six inches above the rim of the tank. If a hose connection from a sill cock or other
plumbing fixture is to be used for supplying make-up water, then an approved
vacuum breaker shall be installed between the sill cock or control valve at the
fixture and the hose connection. Any sill cock used for this service shall be located
under a diving board or installed in a manner approved by the Sanitarian so as to
remove any hazard.
Subd. 3 Conformance with Minnesota State Plumbing Code. The systems
supplying recirculated water and make-up water to the pool shall be constructed in
conformance with the Minnesota State Plumbing Code.
450.12 Outlets.
Subd. 1 Main Outlets. Main outlets, for purposes of recirculation and emptying
450 - 7
City of Edina Buildings, Construction and Signs 450.16
the pool, shall be so located as to provide at least one outlet at the deepest point
in the pool if the pool width does not exceed 20 feet. If the pool width is more
than 20 feet, multiple outlets shall be provided and spaced not more than 20 feet
apart, nor more than ten feet from walls. All main outlets shall be equipped with
gratings having an area of openings not less than four times the cross-sectional area
of the outlet pipe. The gratings shall be designed so that they cannot be readily
removed by bathers and will not injure fingers of bathers.
Subd. 2 Drainage. If the pool cannot be drained by gravity, it shall be equipped
with valves and pumps for completely emptying the pool. The discharge of the pool
water to the sanitary sewer, or other suitable disposal unit acceptable to the
Sanitarian, shall be at a rate not to exceed 250 gallons per minute. No direct
connection shall be made to the sanitary sewer. The outlet from the pool
recirculation system shall terminate at least six inches above the receptacle
connected to the sewer. The drainage system shall be constructed under the
supervision of a licensed plumber and in conformance with the provisions of the
Minnesota State Plumbing Code. Water drained from the pool shall not be
discharged to the sanitary sewer system during periods of rainstorms.
450.13 Heater. Gas-fired swimming pool heaters and swimming pool boilers shall bear
the American Gas Association seal of approval. Oil burning equipment shall bear the
Underwriters Laboratory seal of approval.
450.14 Water Supply. Water supplies serving all swimming pools shall be of a safe and
sanitary quality or otherwise acceptable to the Sanitarian. The installation of the pool
water supply piping and connection to the source of supply shall be under the supervision
of a licensed plumber.
450.15 Test. All pool piping and the installation and construction of the pool piping
system shall be in accordance with the approved plans. The entire pool piping system shall
be tested with an air test of 50 PSI and proved tight before covering or concealing.
450.16 Chemical Treatment and Pool Water Quality. Gaseous chlorinating systems shall
not be used as a disinfecting method for residential swimming pools. Residential swimming
pools, public and semi-public pools shall meet the following standards:
Subd. 1 Free Chlorine. The free chlorine content shall be maintained between
five-tenths (0.5) and three (3.0) parts per million.
Subd. 2 Alkalinity. The pH level shall be maintained at between 7.2 and 7.8.
Subd. 3 Bacteriological Quality. A sample of swimming pool water shall be
considered satisfactory when the total bacterial count at 35 degrees centigrade does
not exceed 200 colonies per milliliter and no organisms of the E. Coli group are
present in a 50 milliliter portion as determined by the membrane filter method.
450 - 8
City of Edina Buildings, Construction and Signs 450.23
Procedures and interpretations relating to bacteriological quality shall be done in
accordance with the Standard Methods for the Examination of Water and Waste
Water, 13th Edition. (APHA).
450.17 Indicator Kit. An indicator kit capable of measuring free chlorine residuals in
swimming pool water accurate within one-tenth part per million shall be provided.
450.18 Safety Rope and Anchors. A safety rope and anchors shall be provided at the
water line when the designed pool operating water level is four and one-half feet or less.
450.19 Electrical Requirements.
Subd. 1 Code Conformance. All electrical installations provided for, installed and
used in conjunction with residential swimming pools shall conform with the
provisions of Section 410 of this Code.
Subd. 2 Electrical Conductors. No current-carrying electrical conductors shall
cross residential swimming pools, either overhead or underground or within ten feet
of such pools, except as necessary for pool lighting or pool accessories.
Subd. 3 Grounding. All metal fences, enclosures, or railings near or adjacent to
residential swimming pools, which might become electrically alive as a result of
contact with broken overhead conductors, or from any other cause, shall be
effectively grounded.
450.20 Operation and Maintenance. No residential swimming pool shall be used, kept,
maintained or operated in the City, if such use, keeping, maintaining or operating shall be
the cause of any nuisance or shall be dangerous to life or detrimental to health.
450.21 Inspection. The Sanitarian shall have authority to inspect any residential
swimming pool at any reasonable time during construction and thereafter to determine
whether or not the provisions of this Section regarding health, sanitation, operation and
safety are being complied with. The Building Official shall have authority to enter upon
any premises to inspect work done and installations made under any permit issued
pursuant to this Section.
450.22 Shielding Light. Lights used to illuminate any swimming pool shall be so arranged
and shielded as to reflect light away from adjoining premises.
450.23 Location. No portion of a swimming pool or any appurtenance shall be located
within ten feet of any side or rear lot line, nor in the required front yard as provided in
Section 850 of this Code. No portion of a special purpose pool or any appurtenance shall
be located within five feet of any side or rear lot line, nor in the required front yard as
provided in Section 850 of this Code.
450 - 9
City of Edina Buildings, Construction and Signs 450.27
450.24 Fence. All swimming pools and special purpose pools shall be completely enclosed
by a non-climbing type fence. All fence openings or points of entry into the pool area
enclosure shall be equipped with gates. The fence and gates shall be at least four feet in
height and shall be constructed of number eleven gauge woven wire mesh corrosion-
resistant material, or of other materials approved by the Building Official. All gates shall
be equipped with self-closing and self-latching devices placed at the top of the gate or
otherwise inaccessible to small children. All fence posts shall be decay or corrosion-
resistant and shall be set in concrete bases, or other suitable protection. The openings
between the bottom of the fence and the ground or other surface and the openings
between the vertical pickets shall not be more than four inches.
450.25 Safety Precautions.
Subd. 1 Ring Buoys. Every residential swimming pool shall be equipped with one
or more throwing buoys not more than 15 inches in diameter and having 60 feet
of 3/16 inch Manila line attached, and one or more light but strong poles with
blunted ends, not less than 12 feet in length, for making reach assist or rescue.
Subd. 2 Diving Board Height. The height of diving boards above the pool water
level shall be in accordance with Subsection 450.06, Subd. 9. The Sanitarian may
authorize greater diving board heights when it is shown that such increased height
will provide an equally safe diving board height-maximum pool depth ratio.
450.26 Other Design and Equipment. Any swimming pool, the design and equipment of
which incorporates features other than those set forth in this Section, shall be subject to
review and approval by the Sanitarian in accordance with acceptable standards and in
conformance with current public health and safety practices.
450.27 Public or Semi-Public Swimming Pool and Special Purpose Pool.
Subd. 1 Construction and Operation. Any public or semi-public swimming pool
or special purpose pool shall be constructed and operated in accordance with the
public and semi public provisions contained in the Minnesota Department of Health
Rules 4717.0100 - 4717.3900.
Subd. 2 Rules on File. Three copies of said rules, each marked "Official Copy", is
on file in the office of the Clerk and shall remain on file for use and examination
by the public.
Subd. 3 Official Investigation. The Sanitarian and Building Official may enter
upon any premises for the purpose of conducting preconstruction surveys,
intermediate construction investigations and operational investigations. Such entries
may be made at such times as may be deemed necessary to determine that the
facilities are constructed in accordance with approved plans, and maintained and
450 - 10
City of Edina Buildings, Construction and Signs 450.27
operated in accordance with the requirements of the rules described in this
Subsection.
Subd. 4 Valid License. No person shall operate or maintain a public or semi-
public swimming pool or public or semi public special purpose pool without having
first obtained a valid license issued by the City. The provisions of Section 160 of
this Code shall apply to all licenses required by this Subsection and to the holders
of such licenses.
A. In addition to the applicant's name and address, the applicant for a
license shall furnish the address of the premises where the pool is situated
or is to be situated.
B. The fee for a license required by this Subsection shall be in the amount
set forth in Section 185 of this Code.
C. Licenses issued pursuant to this Section shall expire on March 31 of each
calendar year.
D. It shall be the duty of the Sanitarian to enforce the provisions of this
Subsection.
History. Ord 434 codified 1970; amended by Ord 434 AI 10-27-71, Ord 434-A2 2-7-74, Ord
434-A3 2-16-77, Ord 434-A4 6-27-79, Ord 434-A5 5-14-80, Ord 434-A6 6-17-81, Ord 434-A7
3-30-83, Ord 434-A8 6-13-84, Ord 434A-9 8-14-85, Ord 434 A10 5-13-87
Cross Reference. Sections 160, 185, 410, 850
450 - 11
City of Edina Buildings, Construction and Signs 455.03
Section 455 - Public Bathrooms and Restrooms
455.01 Public Bathroom Defined. A bathroom or restroom located in a non-residential
building or in a residential building but not within a dwelling unit.
455.02 Construction.
Subd. 1 Materials. All public bathrooms shall be constructed of materials which
are impervious to moisture, bacteria, mold or fungus growth. The floor to wall and
wall to wall joints shall be constructed to provide a sanitary cove with a minimum
radius of 3/8 inch. The entire floor shall be ceramic tile. All wall surfaces within
24 inches of a water closet or urinal shall be ceramic tile to a height of 48 inches.
Subd. 2 Plumbing, Ventilation, and Equipment. All public bathrooms shall be
provided with mechanical ventilation with two cfm per square foot of area, a
minimum of 15 foot candles of illumination, a hand washing sink equipped with hot
and cold running water under pressure, a floor drain, a sanitary towel dispenser, a
toilet tissue dispenser and a refuse receptacle.
455.03 Maintenance. Floors, walls, ceilings, water closets, hand washing sinks and
urinals shall be kept in good repair and maintained in a clean sanitary condition. Sanitary
hand cleaning agents, sanitary towels and toilet tissue shall be provided at all times.
Refuse receptacles shall be emptied and refuse collected as required.
b
History. Ord 436 codified 1970; amended by Ord 436 AI 7-21-82
455 - 1
City of Edina Buildings,Construction and Signs 460.02
Section 460 - Signs
460.01 Purpose and Intent. The purpose of this Section is to protect and promote the
general welfare, health, safety and order within the City through the establishment of a
comprehensive and impartial series of standards, regulations and procedures governing the
erection, use and display of devices, signs or symbols serving as visual communicative
media to persons situated within or upon public rights-of-way or properties.
The provisions of this Section are intended to encourage creativity, a reasonable degree of
freedom of choice, an opportunity for effective communication, and a sense of concern for
the visual amenities on the part of those designing,displaying or otherwise utilizing needed
communicative media of the types regulated by this Section; while at the same time,
assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly,
indiscriminate or unnecessary use of such communicative facilities.
460.02 Terms and Definitions.
Subd. 1 Terms. The following terms have the meanings provided by Section 850
of this Code:
A. Accessory Use.
B. Building.
C. District. (References in this Section to a District, shall mean that district
as established by Section 850.)
D. Frontage.
E. Lot.
F. Principal Building.
G. Shopping Center.
H. Structure.
I. Through Lot.
I Tract.
Subd. 2 Definitions. Unless the context clearly indicates otherwise,the following
words and phrases have the meanings given in this Section:
460 - 1
City of Edina Buildings, Construction and Signs 460.02
Accessory Sign. A sign relating in its subject matter to the lot or tract on
which it is located, or to products, accommodations, services or activities on
the premises on which it is located.
Address Sign. Postal identification numbers only, whether written or in
numeric form, having a sign area of six square feet or less.
Area Identification Sign. A sign which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex
consisting of two or more principal buildings, a shopping center or area, an
office complex consisting of two or more principal buildings or any
combination of the above that could be termed an area.
Awning or Marquee. A roof-like structure of rigid or semi-rigid materials
attached to and extending from the facade of a principal building.
Banners and Pennants. Devices which resemble flags and are of cloth or
plastic-like consistency, and may be square, rectangular or triangular in
shape.
Bench Sign A sign which is affixed to a bench.
Building Identification Sign. A freestanding sign or wall sign bearing the
name of a building or occupant in a residential building or the name of a
tenant or business in a non-residential building. Address signs exceeding six
square feet are deemed building identification signs.
Canopy. A roof-like structure, located on the same lot as the principal
building, that is either freestanding or attached to the principal building.
Church Directional Sign. A sign which bears the address and name of a
church and directional arrows pointing to a church location.
Clear View Zone. The triangular portion of a corner lot formed by
connecting the following three points: the point of intersection of the
extensions of the curb lines or edge of the travelled portion of each street,
and a point on each curb line 30 feet from the aforementioned point of
intersection.
Flag. The official flag of any country, state or municipality.
Freestanding Sign. A self-supported sign which is placed in the ground and
not affixed to any part of any structure. Freestanding signs include
monuments and area identification signs.
460 - 2
City of Edina Buildings, Construction and Signs 460.02
Governmental Sign. A sign which is erected by a governmental unit for the
purpose of directing or guiding traffic, or providing public information.
Governmental signs include community bulletin boards, area identification
sign directions, or banners erected by the City of Edina.
Height. The distance measured from the average ground elevation adjoining
a freestanding sign to the highest point of a freestanding sign.
Illuminated Sign. Any sign which is illuminated by an artificial light source.
Monument. A structure built on grade, not supported by poles, posts or a
pylon, which is constructed of brick, stone or stucco and to which a sign is
affixed.
Motion Sign. Any sign which revolves, rotates or has any moving parts.
Nameplate Sign. A sign which bears the name or address of the occupants
of the building.
Non-Accessory Sign. A sign other than an accessory sign.
Non-Commercial Opinion Sign. Any sign which is not a commercial sign and
which expresses an opinion which is deemed by the State or federal courts
to have greater protection under the constitution of the United States or the
State than a commercial sign. For purposes of this definition a commercial
sign is any sign which advertises or identifies a product, business, building,
place, service, event or any other matter or thing of a commercial nature,
even though the matter or thing may be related to or involve a non-profit
organization.
Non-Conforming Sign. A sign which lawfully existed prior to the adoption
of this Section but does not conform to the requirements of this Section.
Permanent Sign. Any sign which is not a temporary sign.
Portable Sign. A sign so designed as to be movable from one location to
another which is not permanently attached to the ground or any structure.
Projecting Sign. Any sign or any part thereof which extends by more than
12 inches over public property, a street right-of-way, or public sidewalk.
Signs integral to awnings, canopies, or marquees are not projecting signs.
Roof Sign. Any sign erected upon a roof or projecting above the eave line
or a parapet of a building to which it is affixed.
460 - 3
City of Edina Buildings, Construction and Signs 460.03
Sign. Any letter, word or symbol, logo, device, banner, pennant, beacon,
searchlight, poster, picture, statuary, reading matter or representation in the
nature of an advertisement, announcement, message, or visual
communication whether painted, posted, printed, affixed or constructed,
which is displayed outdoors for informational or communicative purposes.
Sign Area. Sign area shall mean (i) the smallest single rectangle which can
be made to circumscribe the letters, message, symbol, logo, or figure
inscribed into or directly onto a building or a monument and not affixed to
a sign panel, or (ii) the smallest single rectangle which can be made to
circumscribe a sign panel which bears the letters, message, symbol, logo, or
figure.
Sign Panel. The display surface upon which the message is painted or
inscribed and which is attached to a building or structure.
Temporary Sign A sign which is erected or displayed for a limited period of
time. Such temporary signs shall include those listed in Subsection 460.03.
Traffic Directional Sign A sign which is erected on private property by the
owner of such property for the purpose of guiding vehicular and pedestrian
traffic. Such sign bears no advertising information.
Wall Sign. A sign affixed to the wall of any building including projecting
signs and signs affixed to marquees, awnings, or canopies.
460.03 General Provisions Applicable to all Zoning Districts.
Subd. 1 Construction, Maintenance and Repair. All signs shall be constructed in
such a manner and of such material that they shall be safe and substantial, and in
full compliance with all requirements of this Code. All signs shall be maintained in
a safe, presentable condition and shall be structurally sound. Defective parts shall
be promptly replaced.
Subd. 2 Illuminated Signs. Illuminated signs shall comply with the following
requirements:
A. No sign shall change in either color or in intensity of light more
frequently than once per hour, except signs giving time, date, temperature
or weather information.
B. All incandescent bulbs or fluorescent tubes, except neon or fiber optic
light sources, shall be shielded with an opaque or translucent material.
C. No sign which is visible from a residential district located within 200 feet
460 - 4
City of Edina Buildings, Construction and Signs 460.03
of the sign shall be illuminated between 10:00 P.M. and 7:00 A.M.; provided,
however such signs may be illuminated at any time when the use identified
by the sign is open for business.
D. The Planner may specify additional restrictions regarding the hours of
illumination as a condition to the issuance of a permit.
Subd. 3 Placement. All signs shall comply with the following requirements:
A. No sign, other than governmental signs which are official traffic
regulatory signs, shall be placed within any street right-of-way.
B. No freestanding sign or any portion thereof other than governmental
signs shall be erected or placed within 20 feet of the travelled portion of any
public street.
C. No sign shall be erected or placed within 50 feet of any regulatory sign,
warning sign, traffic sign, or signal, or crosswalk unless the Planner
concludes it will not interfere with or confuse drivers or pedestrians.
D. No sign shall be erected or placed in the clear view zone as described in
Section 1405 of this Code. Provided, however, that a freestanding sign may
be erected if:
1. At least ten feet of clearance is maintained between the ground
and the bottom of the sign and the sign is supported by a single pylon
of 12 inches or less in diameter, or
2. The sign and all supporting materials do not exceed three feet in
height as measured from the highest point on the curb to the highest
point on the sign.
Subd. 4 Campaign Signs. Subject to the applicable provisions of M.S. 211B.045,
signs may be posted from August 1 in a state general election year until ten days
following the state general election. Campaign signs erected in connection with
elections held at times other than a state general election are subject to the
following restrictions:
A. Maximum Size - six square feet.
B. Maximum Number - one sign for each candidate per frontage.
C. Maximum Duration - 60 days prior to the election until seven days
following the election.
460 - 5
City of Edina Buildings, Construction and Signs 460.03
Subd. 5 Non-Commercial Opinion Signs. Subject to the provision of Subsections
460.03 and 460.04, non-commercial opinion signs are permitted as follows:
A. In all residential districts subject to the following restrictions:
All other
R-1 and R-2 Districts
1. Maximum size 6 sq. ft. 15 sq. ft.
2. Maximum number 1 per lot 1 per lot
3. Maximum height 6 ft. 6 ft.
B. All non-residential districts subject to the following restrictions:
1. Maximum size 15 sq. ft.
2. Maximum number 1 per tract
3. Maximum height 6 ft.
Subd. 6 Orientation of Signs on Corner Lots or Through Lots. When more than
one sign is permitted due to multiple frontages, each permitted sign must be
oriented toward its respective frontage. It is the intent herewith to prohibit lots
with multiple frontages from combining sign rights so as to erect larger signs or
additional signs that are oriented to only one frontage.
Subd. 7 Temporary Construction Signs - New Buildings. One temporary
construction sign may be installed upon a construction site of a new building with
ten or more dwelling units or any new non-residential principal use building
denoting the name of the owner, architect, engineer, contractor and lender,
provided such sign does not exceed 32 square feet in area. Temporary construction
signs measuring six square feet or less in sign area are permitted for new residential
buildings of less than ten dwelling units. Temporary construction signs shall be
removed upon issuance of a certificate of occupancy for any part of the building.
Freestanding signs shall not exceed ten feet in height.
Subd. 8 Temporary For Sale Signs-Existing Buildings. A temporary sign may be
erected for the purpose of selling or leasing a residential or non-residential building
provided:
A. Such signs shall not exceed 16 square feet for non-residential buildings
or residential buildings of ten or more dwelling units. Provided, however,
460 - 6
City of Edina Buildings,Construction and Signs 460.03
such signs may be increased to not more than 32 square feet if the lot or
tract abuts a highway with a speed limit of 50 miles per hour or more and
the sign is oriented to such highway. Temporary signs for the purpose of
selling or leasing a residential building of less than ten dwelling units shall
not exceed six square feet.
B. Only one such sign shall be permitted per building. If the building is one
of two or more buildings which together comprise a tract, then only one sign
per tract shall be permitted.
C. Signs for non-residential projects shall be located no closer than 100 feet
to any pre-existing residence.
D. Freestanding signs shall not exceed ten feet in height.
E. All sign surfaces including legs and support members shall be painted and
maintained in a crack free and blister free condition.
Subd. 9 Building Leasing or Rental Signs. The maximum allowed sign area of a
building identification sign or an area identification sign may be increased by 20
percent or 16 square feet, whichever is less, for the purpose of displaying
information regarding the rental or leasing of space or dwelling units. Such rental
or leasing information shall:
A. Be integral to the building identification or area identification sign.
B. Be constructed of the same materials and colors as the building
identification or area identification sign.
If the building identification sign or area identification sign area is increased in
accordance with this Subdivision, then no temporary sign as permitted by Subd. 8
of this Subsection shall be placed on the property.
Subd. 10 Multi-Faced Signs. The total sign area of any multi-faced sign shall not
exceed twice the permitted area of a single-faced sign. The angle of incidence
between any two faces of a multi-faced sign shall not exceed 60 degrees.
Subd. 11 Traffic Directional Signs. Traffic directional signs shall not exceed six
square feet in area.
Subd. 12 Projecting Signs. Projecting signs shall be permitted only in Planned
Commercial Districts provided the total sign area does not exceed ten square feet
per facing.
Subd. 13 Signs on Awnings, Canopies, or Marquees. Signs may be applied to an
460 - 7
City of Edina Buildings, Construction and Signs 460.03
awning, canopy or marquee provided:
A. Such structure shall not be considered as part of the wall area and thus
shall not warrant additional sign area.
B. The entire area of such structure shall be considered part of the sign area
if constructed of transparent or translucent material and illuminated so as to
resemble a sign panel.
Subd. 14 Address Signs. One address sign shall be required per building in all
districts.
Subd. 15 Bench Signs. Bench signs shall be permitted only at bus stops and shall
not be permitted in residential districts.
Subd. 16 Church Directional Signs. Church directional signs shall be permitted in
all districts provided the total area of such signs shall not exceed four square feet
per facing.
Subd. 17 Signs Located on Interiors of Buildings. Signs which are located on the
interior of a building and are not visible from outside of said building shall be
exempt from the provisions of this Section and shall not require permits or payment
of fees.
Subd. 18 Temporary Subdivision and Rezoning Signs. Temporary subdivision and
rezoning signs, as required by Sections 810 and 850 of this Code, shall be exempt
from the provisions of this Section and shall not require permits or payment of fees.
Subd. 19 Temporary Garage and Estate Sale Signs. Signs promoting occasional
sales in residential areas, as permitted in Subsection 850.07, Subd. 12 of this Code,
may be placed on the lot where the sale is taking place provided:
A. Such signs shall not exceed six square feet.
B. One sign is permitted per frontage.
C. Such signs shall be removed at the end of the sale.
Subd. 20 Home Security Signs. Signs which advise of home security systems may
be erected provided:
A. Such sign shall not exceed one square foot.
B. One sign is permitted per frontage.
460 - 8
City of Edina Buildings, Construction and Signs 460.04
Subd. 21 Monuments. Monuments shall not exceed eight feet in height.
Subd. 22 Banners and Pennants. Banners and pennants are permitted only as
follows:
A. During a one week period of time on the occasion of the initial opening
of a new business.
B. As an integral part of the design of a building. In such cases, the banner
must be made of a durable material and designed to be permanently affixed
to the building.
Subd. 23 Flags. Not more than three flags may be displayed on each lot or tract.
460.04 Prohibited Signs. The following signs are prohibited in all districts:
A. Non-Accessory Signs.
B. Indecent Signs. Signs containing offensive or indecent symbols, pictures, or
written material.
C. Roof Signs.
D. Motion Signs.
E. Portable Signs.
F. Signs, other than Governmental Signs, which are attached to utility poles, street
lights or trees.
G. Searchlights or Beacons.
H. Vehicles with Signs. It is the intent of this Subdivision to prohibit the use of a
vehicle for the purpose of providing signage. In addition to the requirements
imposed by Sections 850 and 1045 of this Code, vehicles bearing signs exceeding
two square feet in area must comply with the following restrictions:
1. Such vehicles may not be parked within 50 feet of a public road right-of-
way.
2. Such vehicles may not bear a sign constructed of paper, cloth, canvas,
wood or other material not integral to the body of the vehicle.
3. Such vehicles may not be parked in a location visible from public streets
for periods longer than four hours during any 24 hour period.
460 - 9
City of Edina Buildings, Construction and Signs 460.05
I. Neon or fiberoptic light sources which are not within the permitted sign area.
460.05 District Regulations. Subject to provisions of Subsections 460.03 and 460.04,the
following building identification signs and area identification signs are permitted in each
specific zoning district:
Subd. 1 R-1, R-2, and PRD-1 Districts:
Tyne Maximum Number Maximum Area Maximum Height
Nameplate or One per 2 sq. ft. 6 ft.
Address dwelling unit
Building One per frontage 24 sq. ft. 6 ft.
Identification
(churches, schools,
golf courses, public
facilities only)
Area One per 24 sq.ft. 6 ft.
Identification development
Subd. 2 All Residential Districts Except R-1, R-2, PRD-1 and the Mixed
Development District.
Tyne Maximum Number Maximum Area Maximum Height
Building One per building 12 sq. ft. 6 ft.
Identification
Area One per 24 sq. ft. 6 ft.
Identification development
Building One per 24 sq. ft. 6 ft.
Identification building
(convalescent,
nursing, or
rest homes only)
Subd. 3 Automobile Parking District.
Tyne Maximum Number Maximum Area Maximum Height
Identification One per frontage 6 sq. ft. 6 ft.
460 - 10
City of Edina Buildings, Construction and Signs 460.05
Subd. 4. PCD-1, PCD-2, PCD-3, and PCD-4 Districts.
Maximum
Maximum Number Area for
Maximum Wall Freestanding Freestanding Maximum
District Sign Area Sin Signs Height
PCD-1 15% of wall One per 80 sq. ft. 8 ft.
area building
PCD-2 15% of wall One per 80 sq. ft. 8 ft.
area building for first
per frontage sign, 40 sq.
ft. for each
additional
sign
PCD-3 15% of wall One per 100 sq. ft. 20 ft.
area building for first
per frontage sign, 50 sq.
ft. for each
additional
sign
PCD-4 20% of wall One per 80 sq. ft. 20 ft.
area building for first
per frontage sign, 50 sq.
ft. for each
additional
sign
A. Special Provisions
1. Area identification signs shall be included as part of the maximum
allowable number of freestanding signs.
2. Signs which are integral to the design of a gasoline pump are
permitted.
3. Signs indicating the location of restrooms are permitted.
4. Permanent window signs shall be included as part of the maximum
allowable sign area.
460 - 11
City of Edina Buildings, Construction and Signs 460.05
Subd. 5 Regional Medical and Planned Office District.
Use Maximum Number Maximum Area Maximum Height
Buildings four One building 50 sq. ft. for 8 ft.
stories or identification sign first sign,
less per building per 36 sq. ft. for
frontage each additional
sign.
Buildings more One building 80 sq. ft. for 8 ft.
than four identification first sign,
stories sign per building 40 sq. ft. for
per frontage each additional
sign.
Area One per 50 sq. ft. 8 ft.
Identification development
A. Special Provisions. In the Regional Medical District only, one wall sign
for each accessory retail use is permitted. Each permitted sign must be
attached to the ground floor level and may not exceed 15 percent of the
ground floor wall area of the accessory use.
Subd. 6 Planned Industrial District.
Type Maximum Number Maximum Area Maximum Height
Building One per 80 sq. ft. 8 ft.
Identification building
A. Special Provisions. In multi-tenant buildings only, one wall sign is
permitted for each tenant having a private entry. The maximum sign area
of each sign is 24 square feet.
Subd. 7 Mixed Development District. It is the intention of this Subdivision to
require that all elements of a mixed development be integrated and linked by signs
that express a consistent and uniform design theme.
A. Area Identification Signs. .
1. MDD-3 and MDD-4. One sign per development not to exceed 50
square feet.
460 - 12
City of Edina Buildings,Construction and Signs 460.05
2. MDD-5 and MDD-6. One sign per development for each frontage.
a. Sign Area - MDD-5
Maximum area of first sign 70 sq. ft.
Maximum area of additional signs 40 sq. ft.
b. Sign Area - MDD-6
Maximum area of first sign 100 sq. ft.
Maximum area of additional signs 70 sq. ft.
3. Maximum Height - eight feet.
B. Building Identification Signs - Residential. One freestanding sign not to
exceed 24 square feet for each building with ten or more dwelling units.
One wall sign not to exceed six square feet for each building. Maximum
height - eight feet.
C. Intra-Area Directories. One directory per major entry from a public street
to a development not to exceed ten square feet. Maximum height - six feet.
D. Accessory Retail Signs. One wall sign for each accessory retail use
provided each sign must be attached to the ground floor level and may not
exceed 15 percent of the ground floor wall area of the accessory use. All
signs shall be individual letters of uniform size, design and materials.
E. Building Identification Signs - Office.
1. MDD-6. One wall sign per building per frontage and one
freestanding sign per building per frontage. The maximum area of the
first wall sign or freestanding sign shall not exceed 50 square feet and
the maximum area of each additional sign shall not exceed 36 square
feet. Maximum height - eight feet.
2. MDD-3, MDD-4, and MDD-5. One building identification sign per
frontage. The first sign shall not exceed 50 square feet and each
additional sign shall not exceed 36 square feet. Maximum height -
eight feet.
F. Retail and Publicly Owned Facilities Signs - MDD-6. Signs for retail
buildings and publicly owned facilities are permitted in accordance with the
PCD-3 District requirements provided in Subsection 460.05, Subd. 4,
provided the maximum area of freestanding signs shall not exceed 50 square
feet.
460 - 13
City of Edina Buildings,Construction and Signs 460.06
G. Publicly Owned Facilities - MDD-3, MDD-4, and MDD-5. Signs for
publicly owned facilities in the MDD-3, MDD-4, and MDD-5 Districts are
permitted in accordance with Subsection 460.05, Subd. 1.
H. Suites Hotels and Theatres. Signs for suites hotels and theatres are
permitted in accordance with the PCD-3 District requirements provided in
Subsection 460.05, Subd. 4.
I. Special Requirements -Wall Signs. No wall signs shall be placed on walls
of non-residential buildings which directly face, abut or adjoin a public park
or residential uses.
J. Special Requirements - Freestanding Signs. All freestanding signs shall be
of uniform design and scale.
460.06 Administration and Enforcement.
Subd. 1 Permits. Except as provided in Subd. 3 of this Subsection, the owner or
occupant of the lot or tract on which a sign is to be displayed, or the owner or
installer of such sign, shall file an application for a permit with the Planner upon
forms provided by the Planner. Permits must be acquired for all existing, new,
relocated, modified or redesigned signs except those specifically exempted below.
The applicant shall submit with the application a complete description of the sign
and a scaled drawing showing its size, placement, manner of construction,
illumination, and such other information as deemed necessary by the Planner. At
the time of application the applicant shall also submit a fee in the amount required
by Section 185 of this Code. If a sign is erected without a permit, the applicant
shall submit an application for a permit and pay a fee that is two times the fee set
out in Section 185. If a sign has not been installed within three months after the
date of issuance of said permit, the permit shall become null and void.
Subd. 2 Sign Identification Decal. Upon issuance of a permit, the Planner shall
also issue a sign identification decal. The permit holder shall attach the decal to the
lower left front surface of the sign. Such decal shall indicate the number of the sign
permit.
Subd. 3 Exemptions. The following signs may be erected or displayed without
obtaining a permit therefore; provided, however, such signs must comply with all
other requirements of this Section:
A. A temporary window sign placed within a building and not exceeding 25
percent of the window area.
B. Signs having a total area of six square feet or less.
460 - 14
City of Edina Buildings,Construction and Signs 460.06
C. Governmental signs and signs erected by the Edina Public Schools.
D. Temporary signs as listed in Subsection 460.03, Subd. 4, 5, 7, and 8.
E. Memorial signs or tablets less than six square feet in area containing the
name of the building, its use and date of erection when cut or built into the
walls of the building and constructed of bronze, brass, stone or marble.
F. Signs which are completely within a building and are not visible from the
outside of said building.
G. Temporary subdivision and rezoning signs, as required by Sections 810
and 850 of this Code.
Subd. 4 Violations and Fines. If the Planner finds that any sign or signs regulated
by this Section is or are prohibited as to size, location, content, type, number,
height or method of construction, or are unsafe, insecure or a menace to the public,
or if any sign has been constructed or erected without a permit fust being issued,
or is improperly maintained, or is in violation of any other provisions of this
Section, the Planner shall give written notice of such violation to the owner or
permit holder thereof. If the owner or permit holder fails to remove or alter the
sign so as to comply with the provisions set forth in this Section within 24 hours
following receipt of said notice:
A. Such sign may be deemed to be a nuisance and may be abated by the
City by proceedings taken under M.S. Chapter 429, or any other nuisance
abatement procedures allowed by this Code or State Law and the cost of
abatement, including administration expenses, may be levied as a special
assessment against the property upon which the sign is located; or
B. Such owner or permit holder may be prosecuted under Subsection 100.09
of this Code; and
C. The City may exercise any and all other remedies provided by Subsection
100.09 of this Code.
If the owner or permit holder shall have been given notice of a violation hereunder
and shall have removed or altered the sign, and shall then re-erect or install a sign
which is the same as or similar to the sign as to which notice of violation was given,
such re-erection or installation shall be deemed a violation of this Section, and no
notice of such violation shall be required.
Subd. 5 Insurance. The owner of any projecting sign shall furnish, with a permit
application, proof of self-insurance or that public liability insurance has been
procured for any death or personal injury caused by such sign, in amounts not less
460 - 15
City of Edina Buildings, Construction and Signs 460.07
than $100,000 for injury to or death of one person, or $300,000 for any one
incident, and of not less than $50,000 for damage to property arising from any one
incident. The owner shall maintain such insurance in effect at all times that the
sign remains in place.
Subd. 6 Variances and Appeals. A permit applicant or permit holder may request
a variance from the literal provisions of this Section by filing a petition for a
variance with the Planner. The petition shall be accompanied by a fee in the
amount set forth in Section 185 of this Code. A permit applicant or permit holder
also may appeal any alleged error in any order, requirement, decision, or
determination made by the Planner in the enforcement of this Section. Appeals
shall be filed in the same manner as provided in Subsection 850.04 of this Code.
Variances and appeals shall be heard by the Zoning Board of Appeals and decisions
of the Board may be appealed to the Council, as provided in said Subsection 850.04
of this Code. The Board shall grant a variance from the provisions of this Section
only upon finding that:
A. There are exceptional or extraordinary circumstances applicable to the
property or to the intended use that do not apply generally to other property
in the same vicinity and zoning district;
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zoning district, but which is denied to the property in question;
C. That the strict application of this Section would constitute undue
hardship as defined in Section 850 of this Code, and
D. That the granting of the variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in the
vicinity or zoning district in which the property is located.
460.07 Non-Conforming Signs.
Subd. 1 Non-Conforming Temporary Signs. Any non-conforming temporary sign
lawfully existing at the time of adoption of this Section shall be made to comply
with the requirements set forth herein or shall be removed within 90 days after the
adoption of this Section.
Subd. 2 Non-Conforming Permanent Signs. Non-conforming permanent signs
shall be allowed to continue in use, but shall not be rebuilt, altered other than to
change the message, or relocated without being brought into compliance with the
requirements of this Section. After a non-conforming sign has been removed, it
shall not be replaced by another non-conforming sign.
460 - 16
City of Edina Buildings, Construction and Signs 460.07
Subd. 3 Non-Conforming Temporary Signs-South Edina Development Addition.
Temporary construction and real estate signs located on Outlot E and Lot 1,
Block 4, South Edina Development Addition, may continue to exist subject to the
following:
A. The signs may not be increased in sign area or number of signs.
B. The signs may not be relocated.
C. The signs must be removed or brought into conformance with this
Section when either of the following occur:
1. A building is constructed on the lot or outlot occupied by the sign;
or
2. A building is constructed on the lot or outlot adjacent to the lot or
outlot occupied by the sign.
Subd. 4 Discontinued Non-Conforming Signs. Whenever use of a non-conforming
sign has been discontinued for a period of 90 days, such use shall not thereafter be
resumed unless in conformance with the provisions of this Section.
History. Ord 451 codified 1970; amended by Ord 451 AI 6-10-71, Ord 451-A2 10-24-74, Ord
451-A3 9-11-75, Ord 451-A4 9-8-76, Ord 451-A5 12-10-86, Ord 451-A6 10-25-89, Ord 451-A7
3-28-90
Reference. M.S. Chapter 429, M.S. 211B.045
Cross Reference: Sections 185, 810, 850, 1045, Subsections 100.09, 850.04, 850.07
460 - 17
City of Edina Buildings, Construction and Signs 470.02
Section 470 - Dangerous or Substandard Buildings
470.01 Dangerous or Substandard Buildings Declared a Nuisance. Any structure or
building, or portion of a structure or building, in which there exists any of the conditions
listed in Subsection 470.02 is a dangerous or substandard building, and is hereby declared
to be a public nuisance.
470.02 Conditions Rendering Building Dangerous or Substandard.
Subd. 1 Structural Hazards.
A. Any stress in any material, element, member or portion thereof, due to
all dead and live loads, which is greater than the working stresses deemed
reasonable and safe by the Building Official.
B. Damage to any portion of a building by earthquake, wind, fire, flood, or
by any other cause, in such a manner that the structural ability or strength
thereof is appreciably less than the minimum requirements set forth in
existing codes for a new building or structure of similar size, construction,
location and purpose.
C. Likelihood of any portion or member or appurtenance of a building to
fall, or become dislodged or detached, or to collapse, and thereby cause
bodily injury or property damage.
D. Settling of any building or portion thereof to such an extent that walls
or other structural portions have been displaced or distorted and rendered
structurally unstable or dangerous, or that the basic function of such element
has been impaired.
E. The building or structure, or any portion thereof, because of dilapidation,
deterioration, decay, faulty construction, or because of the removal or
movement of some portion of the ground necessary for the purpose of
supporting such building or structure or portion thereof, or other cause, is
likely to partially or completely collapse, or some portion of the foundation
or underpinning is likely to fall or give way.
F. The building or structure, or any portion thereof, is for any reason
whatsoever manifestly unsafe for the purpose for which it is used or intended
to be used.
G. The exterior walls or other vertical structural members list, lean, or
buckle to such an extent that a plumb line passing through the center of
470 - 1
City of Edina Buildings,Construction and Signs 470.02
gravity of that wall or structural member does not fall inside the middle third
of the base.
H. The building or structure, exclusive of the foundation, shows 33 percent
or more of damage or deterioration to the member or members, or 50
percent of damage or deterioration of a non-supporting enclosing or outside
wall covering.
I. The building or structure has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or deteriorated, from any cause
whatsoever, as to become an attractive nuisance to children who might play
therein to their danger, or as to afford a harbor for vagrants, criminals, or
as to enable persons to resort thereto for the purpose of committing
nuisances or unlawful acts.
J. Any building or structure which has been constructed or now exists or is
maintained in violation of an specific requirement or prohibition, applicable
to such building or structure, of the building code provisions of the City or
of any law or ordinance of this State or City relating to the location, use and
physical condition of buildings or structures.
K. Any building or structure which, whether or not erected in accordance
with all applicable laws and this Code,because of dilapidation, deterioration,
damage, or other cause is so weakened or defective as to have in any
non-support part, member or portion less than 50 percent, or in a supporting
member less than 66 percent, of the strength or fire-resistive qualities or
characteristics or weather-resistive qualities or characteristics required by law
or ordinance in the case of a newly constructed building or structure of
similar size, purpose and location.
Subd. 2 Hazardous Wiring. All wiring except that which conformed with all
applicable laws in effect at the time of installation and which has been maintained
in good condition and is being used in a safe manner.
Subd. 3 Hazardous Plumbing. All plumbing except that which conformed with
all applicable laws in effect at the time of installation and which has been
maintained in operating condition and which is free of cross-connections and
siphonage between fixtures.
Subd. 4 Hazardous Mechanical Equipment. All mechanical equipment, including
vents, except that which conformed with all applicable laws in effect at the time of
installation and which has been maintained in safe condition.
Subd. 5 Faulty Weather Protection-
470 - 2
rotection.470 - 2
City of Edina Buildings,Construction and Signs 470.04
A. Deteriorated, crumbling or loose plaster.
B. Deteriorated or ineffective waterproofing of exterior walls, roof,
foundations, or floors, including broken windows or doors.
C. Defective or lack of weather protection for exterior wall coverings,
including lack of paint, or weathering due to lack of paint or other approved
protective covering.
D. Broken, rotted, split, or buckled exterior walls or roof coverings.
Subd. 6 Inadequate Fire Protection. All buildings which are not provided with
the fire-resistive construction required by Section 410 of this Code except those
buildings which conformed with all applicable laws at the time of their construction
and whose fire-resistive integrity has been adequately maintained or improved.
470.03 Inspections and Orders; Appeals.
Subd. 1 Inspection Responsibilities of Official. Whenever it shall come to the
attention of the Building Official or any member of the Bureau of Fire Prevention
(hereinafter together referred to as the "Official'), by written complaint of any
person or agency, or otherwise, that a building or structure is a dangerous or
substandard building, the Official shall cause a preliminary examination to be made
of the building or structure and premises. In the execution of the inspection, the
Official shall avail to the services of such other agencies, employees, departments
and officers of the City as the Official deems necessary. Upon completion of the
inspection, if it then appears that the building or structure is a dangerous or
substandard building, the Official shall issue a written order to the owner or
occupant requiring repair, removal, demolition or compliance. If no appeal is filed
within ten days of the order, the order shall be deemed final.
Subd. 2 Appeal of Order. Any person who deems to be aggrieved by any such
order may appeal the order of the Official to the City Council by filing a written
appeal with the Clerk within ten days of such order. Such appeal shall fully state
the order appealed from, the date thereof, and the facts of the matter. Upon such
an appeal being filed, the Official also shall make a written report, supplemented
by written reports from the other agencies, employees, departments and officials
called upon by the Official in the execution of the inspection, and submit the reports
to the Council.
470.04 Council to Call Hearing. The Council shall examine the report of the Official,
and if there is probable cause to believe that the building or structure is a dangerous or
substandard building, shall have the matter set for hearing.
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City of Edina Buildings, Construction and Signs 470.06
470.05 Notice of Hearing. The Council shall hear the appeal not later than 30 days after
the date the appeal is filed. Notice of the hearing shall be given in a form prescribed by
the Council. It shall set forth the street address and legal description sufficient for
identification of the premises upon which the building or structure is located. It shall
contain a brief statement of the conditions mentioned in the report of the Official which
show probable cause to believe that the building or structure is a nuisance within the
meaning of this Section. It shall also state the date, hour and place of the hearing and
shall order all interested parties who desire to be heard in the matter to appear before the
Council to show cause why the building or structure should not be ordered repaired,
vacated and repaired, removed, or demolished.
470.06 Service of Notice.
Subd. 1 Person to Whom Notice is Served. One copy of the notice shall be served
upon the person, if any, in real or apparent charge and control of the premises
involved; the record owner, the holder of any mortgage, trust, deed or other lien or
encumbrance of record; the owner or holder of any lease of record; and the record
holder of any other estate or interest in or to the building or structure or and upon
which it is located.
Subd. 2 Posting of Notice. One copy of the notice shall be posted in a
conspicuous place upon the building or structure or premises involved.
Subd. 3 Date of Serving and Posting Notice. The notice of hearing shall be
posted and served at least ten days prior to the date set for the hearing.
Subd. 4 Notice Sent by Certified Mail. The notice of hearing shall be served upon
all persons entitled thereto either personally or by certified mail. Service by
certified mail shall be effective on the date of mailing if a copy of such notice is so
mailed, postage prepaid,return receipt requested, to each such person at the address
of such person as it appears on the last equalized assessment roll of the County or
as known to the Clerk. If no such address so appears or is known to the Clerk, then
a copy of the notice shall be addressed to such person at the address of the building
or structure involved in the proceedings. The failure of any owner or other person
to receive such notice shall not affect in any manner the validity of any of the
proceedings taken.
Subd. 5 Affidavit of Notice Served. The officer or employee upon serving the
notice as provided herein shall file an affidavit thereof with the Clerk certifying to
the time and manner in which such notice was served. The officer or employee
shall also file therewith any receipt which may have been returned to the officer
or employee in acknowledgment of the receipt of such notice by certified mail.
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City of Edina Buildings, Construction and Signs 470.10
470.07 Hearing.
Subd. 1 Hearing and Considering Evidence. The Council shall, at such hearing,
hear and consider any evidence offered by the person or persons having any estate
or interest in such building or structure pertaining to the matter set forth in the
report of the Official.
Subd. 2 Conclusion of Hearing. After hearing the oral and written views of all
interested persons, the Council shall make its decision at the same meeting or at a
specified future meeting.
470.08 Order to Repair, Vacate and Repair, Remove or Demolish. If the Council finds
that the building or structure involved is a dangerous or substandard building within the
terms of this Section, then it shall issue an order:
A. That the building or structure must be repaired, or vacated and repaired, or
removed or demolished.
B. That the occupant, lessee, or other person in possession must vacate the
building, or that the occupant, lessee, or other person may remain in possession
while repairs are being made.
C. That any mortgage, beneficiary under deed of trust, or any other person having
an interest or estate in said building may, at their own risk, repair, vacate and
repair, remove or demolish said building or structure according to existing law and
code provisions.
470.09 Order to be Served. Copies of the order to repair, or vacate and repair, or
remove or demolish shall be served upon the individuals and in the manner as prescribed
in Subsection 470.06. A copy of the order shall also be posted in a conspicuous place upon
the building or structure as prescribed in said Subsection.
470.10 Standards for Repair,Vacation and Repair, Removal or Demolition. The following
standards shall be followed in substance and spirit by ordering the repair, vacation and
repair, removal or demolition of any building or structure. Any order to remove or
demolish, rendered pursuant to this Section, shall not indicate an alternative permission
to repair; however, an order to repair may be satisfied by removal or demolition.
Subd. 1 Repairing Building. If the dangerous or substandard building can
reasonably and economically be repaired so that it will no longer exist in violation
of the provisions of this Section, it shall be ordered repaired. For the purposes of
this Section, the term "repair" shall include any improvements necessary to make
such building comply with the applicable provisions of this Code.
Subd. 2 Vacating Building. If the dangerous or substandard building is in such
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City of Edina Buildings, Construction and Signs 470.11
condition as to make it dangerous to the health, moral, safety, or general welfare
of its occupants, it shall be ordered to be vacated.
Subd. 3 Damaged Buildings. In any case where a dangerous building is 50
percent or more damaged, decayed, or deteriorated, it shall be ordered to be
removed or demolished.
Subd. 4 Unrepairable Buildings. In all cases where a dangerous or substandard
building cannot be repaired, with reasonable economy, so that it will no longer exist
in violation of the terms of this Section, it shall be ordered to be vacated and
removed or demolished.
Subd. 5 Fire Hazardous Buildings. In all cases where a dangerous or substandard
building is a fire hazard, whether existing or erected in violation of the provisions
of this Code, or State Law, and cannot reasonably and economically be repaired
pursuant to Subsection 470.08, it shall be ordered demolished.
Subd. 6 Particulars of Order. The order shall set forth the street address of the
building or structure and a legal description of the premises sufficient for
identification. It shall contain a statement of the particulars which render the
building or structure a dangerous or substandard building, and a statement of the
things required to be done. The order shall state the time within which the work
required must be commenced, the time being not earlier than ten days and no later
than 30 days after the issuance of the order, and the order shall further specify a
reasonable time within which the work shall be completed. The time for completion
may, by action of the Council, be extended for just causes and such authority for
extended time shall be given in writing by the Council upon written application of
any interested party or parties.
470.11 Penalty for Disregarding, Defacing or Destroying Order; Council May Order
Work.
Subd. 1 Penalty.
A. The owner or other person having charge and control of the building or
structure cited in the order who shall fail to comply with any order to repair,
or vacate and repair, or remove or demolish said building or structure shall
be subject to the penalties as provided by Subsection 100.09 of this Code.
B. The occupant or lessee in possession cited in the order who shall fail to
comply with any order to vacate said building or structure in accordance
with any order given as provided for in this Section shall be subject to the
penalties provided by Subsection 100.09 of this Code.
C. Defacing or Destroying Order. Any person who removes or defaces or
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City of Edina Buildings,Construction and Signs 470.11
destroys a notice or order posted as required in this Section shall be subject
to the penalties provided by Subsection 100.09 of this Code.
Subd. 2 Council May Order Repair or Removal. The Council may order the repair
or removal of the building or structure cited in the order in accordance with
M.S. 463.15 to 463.26 where such statutory provisions apply, which statutes are
hereby adopted and incorporated into this Section by reference and made a part of
this Section.
History. Ord 471 codified 1970, Ord 471-Al 8-8-74, Ord 471-A2 2-27-75, Ord 471-A3 1-16-80,
Ord 471-A4 8-5-81
Reference: M.S. 463.15 to 463.26
Cross Reference. Section 725; Subsection 100.09
470 - 7
City of Edina Buildings, Construction and Signs 475.04
Section 475 - Parking Ramps
475.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection:
Parking Ramp. A building, garage, or structure or part thereof in which a structural
level other than a slab on grade is used for parking, storage or maintenance of
motor vehicles.
Qualified Engineer. A person (i) who is registered by the State as a professional
engineer in the field of civil or structural engineering, (ii) who has demonstrated
experience and expertise in parking ramp inspection, and (iii) who maintains
professional liability insurance with a company authorized to do business in the
State in the sum of not less than $1,000,000.00.
475.02 License Required; Exemption. No person shall own or operate a parking ramp
within the City without first obtaining a license pursuant to this Section. Provided,
however, no license shall be required until July 1 immediately following the fifth annual
anniversary of the certificate of occupancy for the parking ramp issued by the Building
Official.
475.03 Application; Fee; Term.
Subd. 1 License Application. The application for a license under this Section shall
be submitted on forms provided by the Building Official. The application shall be
accompanied by the fee in the amount set forth in Section 185 of this Code.
Subd. 2 License Procedure and Control. The provisions of Section 160 of this
Code shall apply to all licenses required by this Section and the holders of such
licenses.
Subd. 3 Term. Licenses issued pursuant to this Section shall expire on July 1 of
each calendar year.
475.04 Inspection and Report. No license shall be issued or renewed pursuant to this
Section unless the parking ramp has been inspected by a qualified engineer and a report
issued therefor which states that the structure is capable of supporting the loads for which
it was designed and meets the other requirements of this Section. The inspection shall be
performed annually not more than 60 days prior to the application for a new license or the
renewal of a license.
Subd. 1 Manner of Inspection. All annual inspections shall be conducted on-site
by the qualified engineer who shall perform such tests as deemed warranted by the
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City of Edina Buildings, Construction and Signs 475.04
qualified engineer including destructive or equivalent tests and non-destructive tests
to determine the structural condition of the parking ramp.
Subd. 2 Report. The application for a license and each renewal pursuant to this
Section shall be accompanied by a copy of the report prepared by the qualified
engineer. The report shall contain the qualified engineer's findings as determined
by the inspection pursuant to Subd. 1 of this Subsection. The report shall state (i)
whether any structural repairs are required, and shall indicate whether the structure
is capable of supporting the loads for which it was designed, (ii) the date or dates
of the on-site inspection and describe any test performed in connection with the
inspection, (iii) any recommendations issued to the owner of the parking ramp. The
report shall be signed by the qualified engineer and shall include a statement of
professional qualifications, shall be addressed to the City, and shall be certified by
the signing engineer as being true, accurate and complete. The report also shall
include evidence of the existence of the professional liability insurance required by
this Section.
History: None
Cross Reference: Sections 160, 185
475 - 2
City of Edina Buildings,Construction and Signs 480.02
Section 480 - Exterior of Single Dwelling Unit
and Double Dwelling Unit Buildings
480.01 Definition. The term"finish materials" as used in this Section shall mean stucco,
brick, stone, shingles or shakes, redwood or cedar siding, or other painted or stained siding
materials, and shall include windows and doors.
480.02 Completion of Exterior. The roof and all exterior surfaces of single dwelling unit
and double dwelling unit buildings, and buildings and structures accessory thereto, shall
be completed with exterior finish materials within 12 months after the date of the building
permit issued for the new construction, alteration, remodeling or relocation of such
building or structure.
History. Ord 410 adopted 8-10-88
480 - 1