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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 400 - 1 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 400 - 2 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, 445.05 400 - 3 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 405 - 1 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 830.05 405 - 2 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. 410 - 1 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. 415 - 1 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 415 - 2 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 415 - 3 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 420 - 2 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. 420 - 3 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. 470 - 3 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. 470 - 4 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 470 - 5 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 470 - 6 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 475 - 1 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