HomeMy WebLinkAboutChapter 8: Land Use, Platting and Zoning City of Edina Land Use, Platting and Zoning 800.03
CHAPTER 8. LAND USE, PLATTING AND ZONING
Section 800 - Heritage Preservation Board
800.01 Policy and Establishment. The Council, believing that the preservation of
buildings, lands, areas or districts which possess historical or architectural significance will
promote the educational, cultural, and general welfare of the residents of the City, does
continue the Heritage Preservation Board (the "Board") under the Planning Commission.
800.02 Purpose. The Board shall assist and advise the Council, Manager, Planning
Commission and Park Board on all matters concerning the identification and preservation
of buildings, lands, areas or districts, wholly or partly within the City, which are of
particular historical or architectural significance or which possess particular cultural or
educational value. The Board shall review and recommend policies and programs, and
promote interest within the City, for the identification and preservation of such buildings,
lands, areas or districts.
800.03 Duties and Responsibilities. The Board shall:
Subd. 1 'Designate Space for Heritage Preservation. Designate buildings
(including interiors where appropriate), lands, areas or districts in the City for
heritage preservation in the following manner:
A. The Board, from time to time, on its own motion and also at the request
of the Council directed to the Planning Commission and the Board, shall
investigate, determine and report on the buildings, lands, areas or districts
within the City to be considered for preservation. Any such report may
include any one or more buildings, lands, areas or districts.
B. Only such buildings, lands, areas or districts shall be considered which:
1. Exemplify or reflect the broad cultural, political, economic or
social history of the nation, state or community; or
2. Are identified with historic personages or with important events
in national, state or local history; or
3. Embody the distinguishing characteristics of an architectural type
specimen inherently valuable for a study of a period, style, method of
construction, or of indigenous materials or craftsmanship; or
4. Due to unique location or singular physical location, or singular
physical characteristics, represent an established and familiar visual
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City of Edina Land Use, Platting and Zoning 800.04
feature of a neighborhood or district of the City; or
S. Are identified as the work of an architect or builder which has
influenced the development of the City.
C. The report shall be forwarded to the Planning Commission for review.
D. Upon receipt of the Board's report, the Planning Commission shall review
the same and forward its written recommendation and reasons for it,
accompanied by the report of the Board, to the Council for designation of
any, all or none, of the buildings, lands, areas or districts contained in the
Board report for heritage preservation.
E. At the time the Planning Commission forwards its recommendation to the
Council it shall also forward its recommendation and the report of the Board
to the Minnesota Historical Society and the Edina Historical Society for their
review and comment to the Council within 60 days.
Subd. 2 Review of Permits. Review and make recommendations, pursuant to
Subsection 800.04, for approval or disapproval of permits to do any of the work for
which a permit is required in the Heritage Preservation Overlay District, pursuant
to Subsection 850.20 of this Code and in accordance with the Secretary of the
Interior's Standards for Heritage Preservation projects. The Board shall make its
recommendation for approval or disapproval of a permit within 60 days after
receiving the report and recommendation of the Planner on the application, and give
its reasons for approval or disapproval, and recommendations, if any, for changes
necessary to be made for approval of the permit.
Subd. 3 Recommend Acquisitions and Variances. Make recommendations for
acquisitions and variances pursuant to Subsection 800.04.
800.04 Decision of the Board on Permits. Before making its recommendations for
approval or disapproval of any permit, the Board shall consider and make written findings
in regard to the following:
Subd. 1 Proposed Remodeling, Repair or Alteration. In the case of a proposed
remodeling, repair or alteration of an existing building or structure, whether such
work will materially impair the architectural or historical significance or value of the
building or structure. The Board shall include in its findings, information as to the
existing structures and existing exterior appearance,building height, building width,
depth, or other dimensions, roof style, type of building materials, ornamentation,
setbacks, color and physical location and surroundings of the building or structure.
Subd. 2 Proposed Change in Nature or Appearance of Land. In the case of any
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City of Edina Land Use, Platting and Zoning 800.05
proposed change in the nature or appearance of the land, whether such change will
materially impair the historical significance or value of the land or the buildings or
structure thereon or of the district. The Board shall include in its findings
information as to the existing physical characteristics of the land, buildings and
structure, and such other matters as may be pertinent.
Subd. 3 Proposed Moving or Demolition. In the case of the proposed moving or
demolition, in whole or in part, of a building or structure, whether such building
or structure is of architectural or historical value, and whether such moving or
demolition will materially impair the architectural or historical significance or value
of the land or other buildings on it. The Board shall include in its findings
information as to:
A. Architectural and historical merit of the building or structure;
B. The effect on surrounding buildings and structures;
C. The effect of any new proposed construction on the remainder of the
building or structure (in case of partial demolition), and on surrounding
buildings and structures; and
D. The economic value or usefulness of the building or structure as it now
exists, or if moved or demolished, in whole or in part, in comparison with
the value or usefulness of any proposed buildings or structures designated to
replace the present building or structure.
Subd. 4 Proposed New Building or Structure. In the case of a proposed new
building or structure, whether such building or structure in itself, or by reason of
its location on the site, will materially impair the architectural or historic value of
the land or buildings or structures on the site, the property or the architectural or
historic value of adjacent land or buildings or structures on the site.
800.05 Recommendations for Acquisition, Transfer of Development Potential and
Variances.
Subd. 1 Acquiring Property. In the event that the Board finds the buildings,
lands or areas within the Heritage Preservation Overlay District cannot be preserved
without acquisition, the Board shall recommend to the Council that the property in
question, or an interest in the property be acquired by gift, by negotiation or by
eminent domain.
Subd. 2 Assigning Other Designated Property to an Area other than Heritage
Preservation Overlay District. If the Board finds that buildings, lands or areas
within a Heritage Preservation Overlay District cannot be preserved unless funds are
made available to the owner of the property within such district, through the sale
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City of Edina Land Use, Platting and Zoning 800.08
or lease of undeveloped potential of the preserved site to other designated private
property not within such district, the Board may recommend to the Planning
Commission and Council that the floor area that would normally be allowed to be
constructed on the designated property,which is in excess of the actual development
on the designated area, be assigned to other designated property and the additional
floor area constructed there.
Subd. 3 Variances Granted from Enforcement of Section 850. The Board may
recommend to the Zoning Board of Appeals that variances from the strict
enforcement of Section 850 of this Code be granted when the Board finds that such
variances are necessary to alleviate undue hardship (as defined in Section 850 of
this Code) because of circumstances unique to the individual property under
consideration and resulting from inclusion of the property within the Heritage
Preservation Overlay District.
800.06 Other Duties. In addition to those duties already specified, the Board shall:
A. Solicit gifts and contributions to be made to the City for the purpose of heritage
preservation, with the prior consent of the Council.
B. Upon request of the Council, assist in the preparation of applications for grant
funds to be made to the City for the purpose of heritage preservation.
C. Make application for designation of any property as a state or national historic
site, or application to the National Register, with the prior consent of the Council.
D. Conduct surveys to determine the historic significance of properties or districts
to be considered for local designation.
800.07 Membership. The Board shall consist of seven members appointed by the Mayor
with the consent of a majority of the Council. One member shall be a member of the
Hennepin County Historical Society. Members of the Board shall have an interest in
preservation of the heritage of the City, shall be residents of the City, shall be appointed
for a term of two years and serve until a successor shall have been appointed. Persons
knowledgeable in the field of history, architecture, design, law, urban planning and real
estate valuations shall especially be considered for appointment. 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 and may resign voluntarily or be
removed by majority vote of the Council or pursuant to Section 180 of this Code.
Members who discontinue legal residency in the City shall be automatically removed from
office effective as of the date of such discontinuance.
800.08 Organization. The Board shall:
A. Elect from its members a chair and vice chair, each of whom shall serve for a
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period of one year.
B. Adopt such bylaws as shall be necessary or desirable for the conduct of its
business.
C. Appoint a secretary from its membership or request assignment of a staff
secretary to be furnished by the City. If a secretary is assigned by the City, the
secretary shall perform only such clerical duties on behalf of the Board as may be
assigned by the chair with the consent of the Manager. Additional advisory staff
may be assigned to the Board by the Manager.
800.09 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 bylaws. The Board shall
hold its regular meetings on such fixed date and in such fixed place as it from time to time
shall determine. The minutes of all meetings shall be recorded and a copy of it transmitted
to each member of the Council.
800.10 Repository for Documents. Pursuant to M.S. 138.17, the State Archives of the
Minnesota Historical Society shall be the repository for the following documents which
shall be supplied to it by the Board:
A. At least one copy of all studies, reports, recommendations and programs of the
Board made pursuant to this Section.
B. At least one copy of the plans for each building destroyed in the Heritage
Preservation Overlay District, if available.
History. Ord 802-A2 adopted 10-22-75
Reference. M.S. 138.17, 471.193
Cross Reference. Sections 180, 850; Subsection 850.20
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City of Edina Land Use, Platting and Zoning 805.03
Section 805 - Planning Commission
805.01 Establishment. The Planning Commission (the "Commission") of the City is to
continue. It shall serve as the planning agency within the meaning of M.S. 462.351
through 462.364. In such capacity, the Commission shall be advisory to the Council.
805.02 Powers, Duties, and Responsibilities. The Commission shall:
Subd. 1 Comprehensive Plan. Prepare, review, and make recommendations to
the Council as to the Comprehensive Plan of the City, as defined in Section 810 of
this Code, or any other sections of this Code, including, but not limited to, a land
use plan, a transportation plan, a community facilities plan, a capital improvements
program, a parks and open space plan, and a housing plan, with recommendations
as to plan execution.
Subd. 2 Platting. Review and make recommendations to the Council as to all
proposed plats and subdivisions, as defined in Section 810 of this Code, in
accordance with the provisions of Section 810 and State law.
Subd. 3 Zoning. Review and make recommendations to the Council as to all
proposed amendments to Section 850 of this Code, in accordance with the
provisions of Section 850 and State law.
Subd. 4 Heritage Preservation. Review and make recommendations to the
Council as to the reports and recommendations of the Heritage Preservation Board
regarding preservation of lands and buildings of historical, architectural, cultural,
and educational significance pursuant to Section 800 of this Code.
Subd. 5 Low and Moderate Cost Housing. Review and make recommendations
to the Council as to matters referred to it by the Council relating to the provision
of low and moderate cost housing.
Subd. 6 Environment. Develop and make recommendations to the Council, and
make such studies as the Council may request, for the purpose of fostering the
maintenance and improvement of the City's environmental quality, including, but
not limited to, such matters as the mitigation of air, water, and noise pollution, and
the enhancement and preservation of wildlife and natural areas with the City.
Subd. 7 Commercial,Industrial,or Residential Redevelopment. Review and make
recommendations to the Council on matters the Council may request relating to
major commercial, industrial, or residential redevelopments in the City.
805.03 Representatives to Zoning Board of Appeals. All members of the Commission are
to continue as representatives of the Commission to the Zoning Board of Appeals. Any
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City of Edina Land Use, Platting and Zoning 805.07
such representative is authorized to review and report, for or on behalf of the Commission,
to the Zoning Board of Appeals on matters coming before the Zoning Board of Appeals.
805.04 Membership. The Commission shall consist of 11 residents of the City appointed
by the Mayor with the consent of a majority of the members of the Council. Commission
members shall be appointed with due regard to their fitness for the efficient dispatch of the
functions, duties, and responsibilities vested in and imposed upon the Commission.
Members shall be appointed for terms of three years commencing on the February 1
following appointment. A Commission member, following expiration of that member's
term, may be reappointed by the Mayor with the consent of a majority of the members of
the Council. Upon expiration of a term, a member shall continue to serve until that
individual's successor is appointed. Any individual appointed to fill a vacancy occurring
prior to the expiration of the term for which that individual's predecessor was appointed
shall be appointed for the remainder of such term. Members of the Commission shall serve
without compensation and may resign voluntarily or be removed by majority vote of the
Council or pursuant to Section 180 of this Code. Commission members who discontinue
legal residency in the City shall be automatically removed from office effective as of the
date of such discontinuance.
805.05 Organization.
Subd. 1 Chair and Vice Chair. The Commission shall elect a chair and vice chair
from among its members for a term of one year.
Subd. 2 Bylaws. The Commission shall adopt bylaws as shall be necessary or
desirable for the conduct of its business.
805.06 Meetings. All meetings of the Commission shall be open to the public, be
governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The
Commission shall hold its regular meetings on such fixed date and in such fixed place as
it from time to time shall determine. The minutes of all meetings shall be recorded and
a copy of it transmitted to each member of the Council.
805.07 Staff. Staff services, including secretarial services, shall be furnished and
coordinated by the Planning Department. Additional advisory staff may be assigned to the
Commission by the Manager. Staff shall keep and maintain a written record of the
Commission's actions, resolutions, recommendations, and findings which shall be a public
record.
History. Ord 803 adopted 8-3-77, amended by Ord 803 Al 9-14-77, Ord 803-A2 9-28-77, Ord
903-A3 1-18-78, Ord 803-A4 5-16-90
Reference. M.S. 462.351 through 462.364
Cross Reference. Sections 180, 810, 850
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City of Edina Land Use, Platting and Zoning 810.02
Section 810 - Plats and Subdivisions
810.01 Purpose and Objectives. The purpose and objectives of this Section are to provide
for the orderly, economic and safe development of land and urban services and facilities;
to facilitate adequate provision for transportation, water, sewage, storm drainage, schools,
parks, playgrounds and other public services and facilities; to promote the public health,
safety and general welfare by establishing physical standards, design requirements and
procedures for plats and subdivisions of land; to allow flexibility in design of plats and
subdivisions; to develop a consistency with and to help implement the zoning, building and
other applicable sections and provisions of this Code; to support and further the City's
Comprehensive Plan by establishing uniform procedures and regulations for plats and
subdivisions to preserve and enhance the value and viable economic use of property; to
protect the character and symmetry of neighborhoods in the City; and to protect and
further, and not frustrate, legitimate investment backed expectations of property owners.
810.02 Definitions; Zoning Ordinance; Construction Rules; Severability.
Subd. 1 Definitions. Unless the context clearly indicates otherwise, the
following words, terms and phrases, shall have the stated meanings:
Applicant. All persons, whether one or more, who request approval by the
City of a plat, subdivision or lot division pursuant to this Section.
Commission. The Planning Commission of the City.
Comprehensive Plan. The Comprehensive Plan of the City containing the
elements set within M.S. 462.352, Subd. 5, adopted by the City in 1980,
pursuant to applicable Minnesota Statutes, as now or hereafter amended or
modified, and including any similar plan or plans as may supersede or be
substituted for the Comprehensive Plan. The Comprehensive Plan is
incorporated into this Section by this reference as completely as if fully set
out.
Median. The value (being, in this Section, lot area, lot depth or lot width,
as the case may be) in an ordered set of such values below which and above
which there is an equal number of such values, or which is the arithmetic
mean of the two middle values if there is no one such middle value.
Neighborhood. All lots in the Single Dwelling Unit District as established by
Section 850 of this Code which are wholly or partially within 500 feet of the
perimeter of the proposed plat or subdivision, except however, those lots
used for publicly owned parks, playgrounds, athletic facilities and golf
courses, and except those lots used for conditional uses as established by
Section 850 of this Code. If the neighborhood includes only a part of a lot,
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City of Edina Land Use, Platting and Zoning 810.02
then the whole of that lot shall be included in the neighborhood. As to
streets on the perimeter of the proposed plat or subdivision, the 500 feet
shall be measured from the common line of the street and the proposed plat
or subdivision.
Of Record. Recorded in the office of the County Recorder, Hennepin County,
Minnesota, or filed in the Office of the Registrar of Titles, Hennepin County,
Minnesota, whichever is the appropriate office to give constructive notice of
the document of record.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision
as an outlot.
Parcel, Tract or Lot. The definitions in Section 850 of this Code for parcel,
tract, and lot are incorporated into this Section by reference.
Plat. The map of one or more subdivisions prepared for filing of record
pursuant to, and containing all elements and requirements in M.S. 505 and
containing all of the elements and requirements for a subdivision set forth in
this Section, to the extent such requirements and elements were not waived
pursuant to such statute or this Section, or containing all of the elements and
requirements imposed by, and not waived pursuant to, the Statutes and
Sections of this Code which were applicable when such map was prepared
for filing of record.
Subdivision. The separation of an area of land, of a parcel, tract or lot into
two or more parcels, tracts or lots, or long-term leasehold interests where the
creation of the leasehold interest necessitates the creation of streets, roads
or alleys, for residential, commercial, industrial or other use, or any
combination, except the following separations:
A. Where all the resulting parcels, tracts, lots or interests will be 20
acres or larger in size and 500 feet or wider in width for residential
uses and five acres or larger in size and 300 feet or wider in width for
commercial and industrial uses;
B. Creating cemetery lots; or
C. Resulting from court orders, or the adjustment of a lot line by the
relocation of a common boundary.
For the purposes of this Section, a subdivision shall include Registered Land
Surveys and Auditor's Subdivisions.
Subd. 2 Zoning Ordinance Incorporated. Section 850 of this Code, (the Zoning
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City of Edina Land Use, Platting and Zoning 810.04
Ordinance) and all amendments, modifications and supplements made to, and all
Sections hereafter adopted by the Council as successors to said Section 850 are
incorporated into this Section by this reference as completely as if fully set out and
the provisions of this Section and Section 850 shall be read and interpreted so as
to result in a uniform and consistent application to all property. However, the
provisions of Subsection 810.05 relating to variances from the provisions of this
Section shall apply over any similar provisions in Section 850 of this Code.
Subd. 3 Construction Rules. The rules of construction set out in Subsection
850.03 of this Code are incorporated into this Section by reference.
810.03 Plat Required.
Subd 1. Compliance in Platting. Every subdivision, except as provided in
Subsection 810.04 shall be platted in full compliance with M.S. 505, this Section,
Section 850 of this Code and the Comprehensive Plan.
Subd. 2 Platting for Transferring Land. Any land transferred from one zoning
district to another zoning district, excluding, however, transfers to or from the
Heritage Preservation Overlay District or the Flood Plain Overlay District, as defined
in Section 850 of this Code, shall be platted in full compliance with M.S. 505, this
Section, Section 850 of this Code and the Comprehensive Plan, in connection with,
at the time of, and as a condition to, such transfer.
Subd. 3 Parcels. The provisions of this Section shall apply also to parcels taken
from a parcel, tract or lot then existing of record by use of a metes and bounds
description, and such subdivisions shall be platted in full compliance with M.S. 505,
this Section, Section 850 of this Code and the Comprehensive Plan.
810.04 Plat Not Required.
Subd. 1 Double Dwelling Units. As provided in Subd. 1 of this Subsection
810.08, no plat shall be required for subdivisions of lots in Double Dwelling Unit
Districts but only a lot division pursuant to Subd. 2 of this Subsection 810.04 shall
be required.
Subd. 2 Lot Divisions. No plat shall be required for any lot division which adjusts
or relocates a common lot line separating two lots and which does not create a new
undeveloped parcel, tract or lot that complies, alone or in combination with one or
more other parcels, tracts or lots, with the applicable minimum lot area and other
requirements of this Section and Section 850 of this Code. However, before any lot
division shall be made or any conveyance resulting from the lot division is placed
of record, the Council shall adopt a resolution approving the same, and the
procedure shall be the same as for preliminary plat approval as set out in Subsection
810.10 except that (i) notice of the hearing before the Council need not be
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City of Edina Land Use, Platting and Zoning 810.06
published, (ii) no sign need be erected, and (iii) only a survey prepared and signed
by a Minnesota registered land surveyor showing the proposed lot division need be
filed with the Planner together with the required fee and such additional
information that, in the opinion of the Planner, is necessary for evaluation of the
lot division and determination that it is consistent with the requirements of this
Section.
810.05 Variances.
Subd. 1 Grant by Council. In connection with the preliminary or final approval
of a plat or subdivision the Council may grant variances from the provisions of this
Section. The Council shall grant variances only upon fording that an unusual
hardship exists as to the land within the plat or subdivision, and specifically that:
A. The hardship is not a mere inconvenience;
B. The hardship is due to the particular physical surroundings, shape or
topographical condition of the land;
C. The condition or conditions upon which the request for a variance is
based are unique to the property being platted or subdivided and not
generally applicable to other property;
D. The hardship is caused by this Section and not by the applicant;
E. The variance will result in an improved plat or subdivision; and
F. The variance, if granted, will not alter the essential character of the land
within the plat or subdivision or in the neighborhood.
A grant of a variance by the Council shall be deemed to include a favorable finding
on each of the variance grounds set out above even if not specifically set out in the
approval resolution or the minutes of the Council meeting.
Subd. 2 Conditions. In granting a variance the Council may impose conditions
to ensure compliance with the purpose and objectives of this Section and other
applicable provisions of this Code and to protect adjacent properties. The conditions
may be made a part of any Development Contract required by Subsection 810.12.
810.06 Denial of Permits. A building permit or other permit for the development or
improvement of any parcel, tract, or lot may be denied for any of the reasons set out in
this Subsection:
Subd. 1 Violations of M.S. 462. If the parcel, tract or lot is conveyed in violation
of the provisions of M.S. 462.
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City of Edina Land Use, Platting and Zoning 810.09
Subd. 2 Non-Compliance. If the parcel, tract or lot is within any plat or
subdivision made after adoption of this Section which does not comply with the
requirements of this Section and was not approved by the Council pursuant to this
Section.
Subd. 3 Filing. If the parcel, tract or lot is in any plat made after adoption of this
Section which has not been filed and a certified copy delivered to the Planner as
required by Subd. 4 of Subsection 810.10.
Subd. 4 Outlot. If the parcel, tract or lot is an outlot.
810.07 Outlots. It is the policy of the City to allow outlots on plats and subdivisions
presented to the City for approval pursuant to this Section, but only for the purpose of
simplifying the descriptions of parcels of land (i) that would otherwise be excepted from
the platted area, or (ii) that are to be conveyed or dedicated to the City or other public
body. Therefore, any outlots shown on a plat or subdivision approved by the Council shall
not be, nor be deemed to be, lots or parcels as defined in Section 850 of this Code, nor
shall any outlots be developed by the erection or placing of improvements on the outlots,
unless first replatted into lots and blocks pursuant to this Section and the applicable
provisions of State Law. Except, however, improvements may be erected or placed by the
City or other public body upon outlots conveyed or dedicated to it.
810.08 Double Dwelling Unit District (R-2) and Townhouse Plats.
Subd. 1 Double Dwelling Units. Any lot in the Double Dwelling Unit District as
then determined by Section 850 of this Code may be subdivided into two lots
notwithstanding the regulations stated in Section 850 of this Code which apply to
the Single Dwelling Unit District. Provided, that as a condition to the approval of
the subdivision the owner or owners of the lot to be subdivided shall make a
separate and independent connection of each dwelling unit on the lot to be
subdivided with the public sanitary sewer and water mains, as required by Section
445 of this Code.
Subd. 2 Townhouse Plats. As conditions to the approval of any townhouse plat,
as defined in the Section 850 of this Code, of previously built and then existing
townhouses, as defined in Section 850 of this Code, each townhouse shall be
separately and independently connected to the sanitary sewer and water mains as
required by Section 445 of this Code.
810.09 Application; Fees; Charges; Application Requirements.
Subd. 1 Filing with the Planner. All applications for plats and subdivisions and
all lot divisions pursuant to Subd. 2 of Subsection 810.04 presented for approval by
the Commission and Council shall be filed with the Planner on forms prescribed by
the Planner and shall be accompanied by a fee in the amount set forth in Section
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City of Edina Land Use, Platting and Zoning 810.09
185 of this Code. The fee shall not be refunded for any reason including without
limitation, rejection of the plat, subdivision or lot division by the Council, or
abandonment or withdrawal of the proposed plat, subdivision or lot division by the
applicant. The City shall have no duty to process or act on any plat, subdivision or
lot division unless and until the applicable fee has been paid to the City. Also, no
application shall be complete until all information and documents required by this
Subsection have been filed with the Planner.
Subd. 2 Additional Fees. Each person, by filing or submitting an application for
approval by the City of a proposed plat, subdivision or lot division, shall have
agreed to pay all administrative expenses and attorneys'fees,with interest and costs
as provided in this Subd. 2, incurred by the City in connection with or as a result
of reviewing and acting on such application. If more than one person signs an
application, all signers shall be jointly and severally liable for such expenses and
fees, with interest and costs as provided. The expenses and fees to be paid to the
City pursuant to this Subd. 2 shall be payable upon demand made by the City, and
if not paid within five days after the demand is made, shall bear interest from the
date of demand until paid at a rate equal to the lesser of the highest interest rate
allowed by law or two percentage points in excess of the reference rate. The
applicants shall also pay all costs, including attorneys' fees, incurred by the City in
collecting the expenses, fees and interest, with interest on such costs of collection
from the dates incurred until paid, at the same interest rate as is payable on the
expenses and fees. For purposes of this Section, reference rate shall mean the rate
publicly announced from time to time by First Edina National Bank, or any
successor, as its reference rate, and if the bank, or its successor, ceases publicly
announcing its reference rate, reference rate shall mean the interest rate charged
from time to time by such bank or its successor on 90-day unsecured business loans
to its most creditworthy customers.
Subd. 3 Additional Requirements.
A. There shall be delivered with each application a written instrument from
each utility company showing that arrangements acceptable to the Planner
have been made with the utility company for the installation of utilities in
the manner required by this Section and other applicable sections of this
Code.
B. The applicant shall erect, or cause to be erected, a sign or signs as
required by paragraph B. of Subd. 2 of Subsection 850.04 of this Code,
except that the information contained shall be as follows:
"This property proposed for subdivision by:
(Names of Applicants)
(Telephone Numbers of Applicants)
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City of Edina Land Use, Platting and Zoning 810.09
For information contact Edina Planning Department,
Telephone No. 927-8861".
C. The applicant shall also give mailed notice to the owners of all lots in the
neighborhood of the proposed plat or subdivision, as such owners and their
addresses shall be shown on a list prepared by the City, and for a fee
established pursuant to Section 185 of this Code. The notice shall be on a
form prescribed by the Planner, but, at a minimum, shall advise of the
proposed plat or subdivision, the number of lots to be created, and the
address and phone number of the applicant.
D. The sign or signs required by paragraph B. of this Subd. 3 at all times
shall be kept in good repair and shall be maintained in place until a final
decision on the application has been made by the Council, and shall be
removed by the applicant within five days after the final decision. If the
signs are not kept in good repair or removed as required, then such signs
shall be deemed a nuisance and may be abated by the City by proceedings
under M.S. 429, and the cost of abatement, including administrative
expenses, may be levied as a special assessment against the property upon
which the sign is located, or the applicant may be prosecuted for violation
of this Section, and if convicted shall be guilty of a misdemeanor and subject
to penalties pursuant to Section 100 of this Code. If there is more than one
applicant, they shall be jointly and severally liable.
E. The applicant shall also deliver to the Planner such other information as
is necessary, in the Planner's opinion, for evaluation of the application and
determining consistency and compliance with the requirements of this
Section and this Code.
Subd. 4 Application Data. The applicant shall file with the application the
following information which is required for all proposed plats and subdivisions, and
which shall be shown on the proposed plat or subdivision or other accompanying
document:
A. The proposed name of the proposed plat or subdivision.
B. The name, address and telephone number of each owner, each agent of
any owner, each applicant, the surveyor and the designer of the proposed
plat or subdivision.
C. A graphic scale (no smaller than 1" = 50% the north point and the date
of preparation of the proposed plat or subdivision.
D. The plat or subdivision, and the perimeter lines of each lot,with bearings
and distances.
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City of Edina Land Use, Platting and Zoning 810.09
E. The lot and block numbers.
F. The lot width, lot depth, and lot area, as defined by Section 850 of this
Code, of each proposed lot and outlot.
G. The total area, area in lots, area in streets and other public uses, by
square footage.
H. The legal description of the tract to be platted, together with its PIN
numbers(s).
I. The existing zoning classification(s) of the property.
J. Location and size of any proposed outlots, and a conceptual plan
(graphically and in writing) for future development.
K. All existing public roads and rights-of-way serving the property, including
the grade, width, legally established centerline elevation, and the location
and elevation of sidewalks.
L. All proposed public roads and rights-of-way.
M. Existing easement locations, widths and purposes, and showing invert
elevation of sewers.
N. Proposed easement locations, widths and purposes.
O. Location of existing and proposed utilities, including distance to nearest
utilities not on or adjoining the property, and showing the invert elevation
of sewers.
P. Existing elevations and contours at two foot intervals and a preliminary
grading plan showing resulting elevations and contours at two foot intervals.
Q. Minimum front, rear and side setbacks for the proposed improvements on
the proposed lots.
R. Location of all wetlands, streams, ponds" or lakes within or flowing
through the property proposed to be platted or subdivided with normal high
water and 100 year frequency flood elevation.
S. Location of all proposed parks, drainage facilities and area proposed to
be dedicated for public use.
T. Ground elevation of land within 100 feet of the perimeter property lines
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City of Edina Land Use, Platting and Zoning 810.09
of the area proposed to be platted or subdivided, showing contour lines at
two foot intervals.
U. If the land proposed to be platted or subdivided is within the floodplain
in whole or in part as determined by Section 850 of this Code, then there
shall be shown the location and elevation of the floodplain, the elevation of
each building site on each lot within the floodplain, the elevations of the
road access to the plat or subdivision and to each building site within the
flood plain, and such other information as is required to evidence compliance
with Subsection 850.21 of this Code.
W. The land area, by total square footage and as a percentage of all land in
the proposed plat or subdivision, to be disturbed in the subdivision by public
and private improvements, and the location of such disturbed areas.
X. The location and elevation of all existing improvements on the land in the
proposed plat or subdivision and a statement as to whether they will remain
or be removed.
Y. A graphic illustrating the then existing topography for all lots in the
proposed plat or subdivision and showing the location of all areas with
slopes of greater than 18 percent, and the percentage of such areas relative
to the total area in the proposed plat or subdivision, and the percentage of
each lot having slopes of 18 percent or greater.
Z. The number and location of overstory trees then existing on the property
proposed to be disturbed by public or private improvements, having a
diameter of six inches or more as to deciduous trees, and having a height of
six feet or more as to coniferous trees.
Subd. 5 Additional Requirements for Platting or Subdivision of Property in the
Single Dwelling Unit District. In addition to the requirements of Subd. 4 of this
Subsection, the applicant for a proposed plat or subdivision of land wholly or
partially within the Single Dwelling Unit District as then determined by Section 850
of this Code, shall also deliver to the Planner the following information from a
source acceptable to the Planner:
A. A complete list of all lots which are within the neighborhood of the
property proposed to be platted or subdivided with the following
information:
1. The lot area for each lot;
2. The mean and median lot area (in square feet) of all lots;
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City of Edina Land Use, Platting and Zoning 810.10
3. The lot width, as defined by Section 850 of this Code, for each lot;
4. The mean and median lot width, as defined by Section 850 of this
Code, of all lots;
S. The lot depth, as defined by the Section 850 of this Code, for each
lot;
6. The mean and median lot depth, as defined by Section 850 of this
Code, of all lots; and
7. The name and address of the owner of each lot.
B. The location of the proposed building pad for each lot in the proposed
plat or subdivision.
C. The lot width to perimeter ratio (as defined in Section 850 of this Code)
for each lot in the proposed plat or subdivision.
810.10 Review and Approval Process.
Subd. 1 Hearing and Decision by Commission.
A. Upon receipt by the Planner of the application and all other documents
and information required pursuant to Subsection 810.09 and determination
by the Planner that the required mailed notice has been given and the
required signs have been erected for not less than ten days prior to the
Commission hearing, the Planner shall review the application, prepare a
report and forward the report to the Commission.
B. Upon receipt of the report of the Planner, the Commission shall conduct
a hearing which shall be not less than ten days after said required notice has
been given and said required signs have been erected. After hearing the oral
and written views of all persons, the Commission shall make its
recommendation at the same or at a specified future meeting. In making its
recommendation, the Commission shall be guided by and subject to the
provisions of Subsection 810.11. Also, if the provisions of Subd. 2 of
Subsection 810.13 apply, the Commission shall recommend the dedication
or easement option as provided in said subdivision.
Subd. 2 Public Hearing by Council - Preliminary Approval.
A. Upon request of the Planner or applicant, and after the Commission has
examined and considered the proposed plat, subdivision or lot division (and
even if the Commission has failed to make a recommendation to the
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City of Edina Land Use, Platting and Zoning 810.10
Council), the Council shall set a date for hearing, which shall be not later
than 60 days after the meeting at which the hearing date is set. A notice of
the date, time, place and purpose of the hearing shall be published once in
the official newspaper not less than ten days before the date of the hearing;
provided, however, that no published notice need be made for lot divisions
pursuant to Subd. 2 of Subsection 810.04. After hearing the oral or written
views of all interested persons, the Council shall make its decision at the
same meeting or at a specified future meeting. In making its decision, the
Council shall be guided by and subject to the provisions of Subsection
810.11. Also, if the provisions of Subd. 2 of Subsection 810.13 apply, the
Council shall select its option as provided in said subdivision. The Council
may by resolution:
1. Grant preliminary approval, with or without modification, and
without conditions, or with such conditions reasonably related to the
purpose and objectives of this Section as the Council may deem
necessary or desirable; or
2. Grant preliminary and final approval at the same time, with or
without modification, and without conditions, or with such conditions
reasonably related to the purpose and objectives of this Section as the
Council may deem necessary or desirable; or
3. Refer the plat, subdivision or lot division to the Commission or
other appropriate City commissions, officers or departments for
further investigation and report to the Council at a specified future
meeting; or
4. Reject the plat, subdivision or lot division.
B. The Council shall either grant preliminary approval or reject the proposed
plat or subdivision within 120 days of the receipt by the Planner of an
application completed in compliance with this Subsection 810.09 unless
applicant agrees to an extension of the review period.
C. The grant of preliminary and final approval by the Council shall be
deemed to include a favorable finding on all required matters as set out in
this Section even if not specifically set out in the approval resolution or the
minutes of the Council meeting.
Subd. 3 Final Approval.
A. When a plat or subdivision has been given preliminary approval, the
Planner shall submit a supplementary report to the Council recommending
final approval upon receipt by the Planner of the following:
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City of Edina Land Use, Platting and Zoning 810.10
1. A written request from the applicant for final approval;
2. Evidence and documents satisfactory to the Planner meeting and
complying with the conditions and modifications imposed by the
Council at the time of granting preliminary approval;
3. Two mylar or linen reproducible tracings and copies of the final
plat complying with the requirements of this Section, the preliminary
approval granted by the Council, and M.S. 505, together with
evidence that the final plat has been received and approved by the
County surveyor's office;
4. The Developer's Agreement and Development Contract fully
executed by the applicant and the City, and the security, as required
by Subsection 810.12;
5. A letter or other signed document from each utility company
agreeing to comply with Subsection 810.14 of this Section;
6. Evidence acceptable to the Planner evidencing ownership of, and
encumbrances on, the property proposed to be platted or subdivided,
including, without limitation, a written opinion from the applicant's
counsel addressed to the City opining that all documents executed by
the applicant and delivered to the City have been duly executed and
delivered, have been duly authorized by all necessary corporate,
partnership or other entity action, are binding on the signing parties
and enforceable in accordance with their terms, and containing such
additional statements as the Planner may request; and
7. All fees and expenses to be paid by the applicant pursuant to
Subsection 810.09, including attorney's fees incurred by the City.
Provided, however, if any one or more of the foregoing items is not received
by the Planner, the Planner may yet submit a supplemental report to the
Council, and the Council may condition its final approval upon the receipt by
the Planner of those items not then so received, as well as other matters
reasonably related to the purpose and objectives of this Section.
B. Upon receipt of the supplementary report of the Planner, the Council
shall act thereon, which action shall be by resolution. Such resolution shall
be passed within 60 days of receipt of such supplemental report of the
Planner. Final approval may be conditioned as provided in paragraph A. of
this Subd. 3 and may also be conditioned upon receipt of the land dedication
or cash contribution required pursuant to Subsection 810.13 and upon
compliance with any conditions and modifications imposed at the time of
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City of Edina Land Use, Platting and Zoning 810.10
preliminary approval and not yet met or fulfilled. If the Council imposes
conditions in any grant of final approval, then the officers of the City shall
not sign such plat, nor shall the Clerk issue any certified copy of the
resolution of the Council giving such final approval, until such conditions are
met and complied with. The Clerk is authorized, once such conditions have
been met and complied with, to issue a certified copy of the resolution of the
Council giving such final approval, without reference to such conditions.
C. If the supplementary report of the Planner is not submitted to the Council
by the first anniversary date of the Council resolution granting preliminary
approval, the plat or subdivision shall be deemed abandoned and withdrawn
and of no effect, and a new application shall be filed and the plat or
subdivision again submitted for review and action pursuant to this Section.
Subd. 4 Filing of Plat; Certified Copy of Approving Resolution.
A. The applicant shall file of record the final plat, at applicant's expense, as
soon as possible after receipt by applicant of a certified copy of the Council
resolution giving final approval of the plat. Said plat shall not be filed of
record, nor accepted of record, unless said certified copy of the Council
resolution giving such final approval accompanies such plat when presented
for filing of record. A certified copy of such filed plat with the recording
data shall be filed with the Planner.
B. If the plat is not filed of record and a certified copy filed with the Planner
by the first anniversary date of the Council resolution giving such final
approval (even if such final approval is conditional on performance of further
acts by applicant or others), the plat or subdivision shall be deemed
abandoned and withdrawn and of no effect, and a new application shall be
filed and the plat or subdivision again submitted for review and action
pursuant to this Section.
C. If the approved plat is of land contiguous to another municipality, the
Clerk shall also file a copy of such resolution with the governing body of
such municipality.
D. The Clerk shall not give a certified copy of the resolution approving the
plat or subdivision for a double dwelling unit or a townhouse development
until the requirements of Subsection 810.08 have been fulfilled.
E. The Clerk shall not give a certified copy of the resolution approving any
plat or subdivision or lot division until all fees, interest and costs are paid to
the City pursuant to Subsection 810.09.
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City of Edina Land Use, Platting and Zoning 810.11
810.11 Guidelines and Criteria for Evaluating Plats and Subdivisions.
Subd. 1 Considerations. The Commission in reviewing proposed plats and
subdivisions and in determining its recommendation to the Council, and the Council
in determining whether to approve or disapprove of any plat or subdivision, may
consider, among other matters, the following:
A. The impact of the proposed plat or subdivision, and proposed
development, on the character and symmetry of the neighborhood as
evidenced and indicated by, but not limited to, the following matters:
1. The suitability of the size and shape of the lots in the proposed
plat or subdivision relative to the size and shape of lots in the
neighborhood; and
2. The compatibility of the size, shape, location and arrangement of
the lots in the proposed plat or subdivision with the proposed density
and intended use of the site and the density and use of lots in the
neighborhood.
B. The impact of the proposed plat or subdivision, and proposed
development, on the environment, including but not limited to, topography,
steep slopes, vegetation, naturally occurring lakes, ponds and streams,
susceptibility of the site to erosion and sedimentation, susceptibility of the
site to flooding and water storage needs on and from the site.
C. The consistency of the proposed plat or subdivision, and proposed
development, and compliance by the proposed plat or subdivision, and the
proposed development, with the policies, objectives, and goals of the
Comprehensive Plan.
D. The compliance of the proposed plat or subdivision, and the proposed
development with the policies, objectives, goals and requirements of Section
850 of this Code including,without limitation, the lot size provisions and the
Floodplain Overlay District provisions of Section 850 of this Code.
E. The impact of the proposed plat or subdivision, and proposed
development on the health, safety and general welfare of the public.
F. The relationship of the design of the site, or the improvements proposed
and the conflict of such design or improvements, with any easements of
record or on the ground.
G. The relationship of lots in the proposed plat or subdivision to existing
streets and the adequacy and safety of ingress to and egress from such lots
810 - 14
City of Edina Land Use, Platting and Zoning 850.11
from and to existing streets.
H. The adequacy of streets in the proposed plat or subdivision, and the
conformity with existing and planned streets and highways in surrounding
areas. Streets in the proposed plat or subdivision shall be deemed
inadequate if designed or located so as to prevent or deny public street access
to adjoining properties, it being the policy of the City to avoid landlocked
tracts, parcels or lots.
I. The suitability of street grades in relation to the grades of lots and
existing or future extension of the City's water, storm and sanitary sewer
systems.
J. The adequacy and availability of access by police, fire, ambulance and
other life safety vehicles to all proposed improvements to be developed on
the proposed plat or subdivision.
K. Whether the physical characteristics of the property, including, without
limitation, topography, vegetation, susceptibility to erosion or siltation,
susceptibility to flooding, use as a natural recovery and ponding area for
storm water, and potential disturbance of slopes with a grade of 18 percent
or more, are such that the property is not suitable for the type of
development or use proposed.
L. Whether development within the proposed plat or subdivision will cause
the disturbance of more than 25 percent of the total area in such plat or
subdivision containing slopes exceeding 18 percent.
M. Whether the proposed plat or subdivision, or the improvements proposed
to be placed thereon are likely to cause substantial environmental damage.
Subd. 2 Lot Dimensions. If the proposed plat is wholly or partially within the
Single Dwelling Unit District, then the minimum lot area, lot width, lot depth and
lot width to perimeter ratio shall be as follows:
A. The minimum lot area, as defined in Section 850 of this Code, shall be
the greater of 9,000 square feet, or the median lot area of lots in the
neighborhood.
B. The minimum lot width, as defined in Section 850 of this Code, shall be
the greater of 75 feet, or the median lot width of lots in the neighborhood.
C. The minimum lot depth,as defined in Section 850 of this Code, shall be
the greater of 120 feet, or the median lot depth of lots in the neighborhood.
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City of Edina Land Use, Platting and Zoning 810.12
D. The lot width to perimeter ratio, as defined in Section 850 of this Code,
for any lot in the proposed plat or subdivision shall not be less than 0.1.
Subd. 3 Additional Considerations. In addition to the foregoing matters, the
Commission, in connection with its recommendation to the Council, and the Council
in determining whether to approve or disapprove a proposed plat or subdivision,
shall specifically and especially consider the following matters:
A. Whether the proposed plat or subdivision complies with the policies,
objectives and goals of the Comprehensive Plan.
B. Whether the proposed plat or subdivision complies with the policies,
objectives, goals and requirements of Section 850 of this Code, including,
without limitation, the lot size and dimension requirements of Section 850
of this Code, and the Flood Plain Overlay District and Heritage Preservation
Overlay District of Section 850 of this Code, as varied by variances
therefrom, if any, granted pursuant to this Section or Section 850 of this
Code.
C. Whether the design of the proposed plat or subdivision, or the design or
type of improvements proposed to be placed thereon, may be detrimental to
the health, safety or general welfare of the public.
D. Whether the proposed plat or subdivision conforms to, and complies with
the requirements of, applicable State Law.
E. Whether the proposed plat or subdivision complies with the policies,
objectives, goals and requirements of this Section, as varied by variances
therefrom, if any.
810.12 Responsibility for Improvements; Subdivision Financing; Security; Development
Contracts.
Subd. 1 Developer's Agreement. After preliminary approval has been given to a
plat or subdivision, the applicant shall enter into a Developer's Agreement (herein
called the "Agreement") with the City, on terms and conditions determined by the
City, and shall cause all street, water, and sewer improvements required by the
Planner or Engineer, or by the resolution granting preliminary or final approval, to
be completed, pursuant to the Agreement and to the City's then standards and
specifications for such improvements. Such Agreement (a) as to improvements to
be installed by the applicant shall obligate the applicant to install and complete all
such improvements, at applicant's own expense and under the supervision and
inspection of the Engineer, and shall obligate the applicant to pay to the City a fee
in compensation for such services in an amount equal to 6.5 percent of the total
construction cost of all such improvements within 30 days after receipt of a
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City of Edina Land Use, Platting and Zoning 810.12
statement, (b) as to improvements petitioned for by the applicant to be installed by
the City,which City installations shall be done only in plats then situated within the
Single Dwelling Unit District, the Double Dwelling Unit District and the Planned
Residence District, as determined by Section 850 of this Code, shall obligate the City
to provide engineering services and construct the improvements and obligate the
applicant to pay to the City the cost of such services and construction through
payment of special assessments, which shall be payable in not more than three
annual installments, and (c) as to improvements petitioned for by the applicant to
be installed and assessed in accordance with the regular policies of the City, shall
provide for installation, if ordered by the Council, and assessment in accordance
with the then policies of the City; provided, however, that the City shall not be
obligated to enter into such agreement (i) if the improvements required by the
Planner or Engineer or by such resolution are not allocated among the methods at
(a), (b) and (c) above in a manner satisfactory to the Engineer, or (ii) if the
applicant as to the improvements at (a) and (b) above does not give one or more
of a bond, cash in escrow or an irrevocable letter of credit, all as may be required
by the Planner or Engineer, or (iii) as to any improvements, if the Council
determines that the City must borrow money to pay its costs of construction under
such Agreement and such borrowing will jeopardize the City's credit rating. The
Agreement shall also provide, as to improvements at (b) above, that if the applicant
transfers any lot or parcel in the platted or subdivided area while special
assessments then levied or to be levied for the improvements made pursuant to said
Agreement remain unpaid, they will be paid or prepaid in full as to such transferred
lot or parcel, to the City Treasurer or the County Treasurer, at the time of such
transfer.
Subd. 2 Security for Improvements.
A. Any bond required by the City shall be given by the applicant with a
corporate surety authorized to do business in Minnesota and approved by the
City and, as to improvements referred to at (a) of Subd. 1 of this Subsection,
shall be a performance and payment bond in at least the full amount of all
contracts for the installation of such improvements, and as to improvements
referred to at (b) of Subd. 1 of this Subsection, shall be in the full amount
of all costs of making the improvements specified in the Agreement not paid
in cash by the applicant before or at the time of entering into the Agreement
and shall be given for the securing to the City of the payment of the special
assessments.
B. Any cash deposit required by the City shall be deposited by the applicant,
in escrow, in a national or state bank having an office in the City, in the full
amount of the unpaid improvement costs, together with a written agreement
signed by the applicant and the bank whereby the funds in escrow will be
paid to the City from time to time solely upon the written demand of the
City, to the extent of any default by the applicant as to the terms of the
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City of Edina Land Use, Platting and Zoning 810.13
Agreement then alleged by the City.
C. Any letter of credit required by the City shall be from a national or state
bank approved by the City, shall be unconditional and irrevocable, shall be
for the full amount of the unpaid improvement costs, and shall provide that
funds will be paid to the City solely upon written demand from time to time
of the City to the extent of any default by the applicant as to the terms of
the Agreement then alleged by the City.
D. If there is more than one applicant, all shall join in the Agreement, and
shall be jointly and severally obligated to perform the obligations of applicant
under the Agreement.
Subd. 3 Development Contracts. When preliminary or final approval has been
given to a plat or subdivision, and if modifications or conditions have been imposed
in connection with such approval, the applicant shall enter into a Development
Contract (herein called the "Development Contract") embodying the modifications
and conditions of approval, and containing such other terms and conditions as the
City may require to impose, enforce and make effective such modifications and
conditions. The Development Contract shall be placed of record if requested by the
City, at the expense of applicant.
810.13 Land Dedication or Cash Contribution.
Subd. 1 Dedicating a Portion of Plat or Subdivision. A reasonable portion of any
proposed plat or subdivision shall be dedicated to the City for public use for streets,
roads, sewer lines, electric lines, gas lines, water lines and facilities, storm water
drainage and holding areas or ponds and similar utilities and improvements. The
Planner and Engineer shall recommend to the Council what portion is reasonable,
the location, the need and the use.
Subd. 2 Land Adjoining Lakes, Ponds or Streams. Where any plat or subdivision
adjoins a natural lake, pond or stream, including streams which flow only
intermittently, a strip of land running along all sides which are contiguous to such
lake, pond or stream, which strip shall extend from a line 100 feet upland from the
lake or pond, as measured from the high water mark, and 100 feet from the
centerline of the stream, shall be either (i) dedicated to the City for public use, or
(ii) subjected to a perpetual easement in favor of the City over and in said land and
the bed and water body of such lake, pond or stream, for the purpose of protecting
the hydraulic efficiency and the natural character and beauty of such lake pond or
stream. The Commission shall determine which of these options is more appropriate
and shall recommend to the Council one of said options. In either case there shall
also then be granted to the City the right of ingress to and egress from the said strip
of land with workers, equipment and material. Also, where the easement is
determined to be in the best interest of the City, said easement shall also provide
810 - 18
City of Edina Land Use, Platting and Zoning 810.13
that the owners of the areas as to which such easement is granted shall not make,
do or place any fill, grading, improvement or development of any kind on or to such
easement area, or raise the level of the easement area in any way, but all such right
to fill, grade, improve and develop, and to raise the level of the easement area, shall
be granted by said easement to the City.
Subd. 3 Land for Public Use. In addition to the dedication to be made pursuant
to Subd. 1 and 2 of this Subsection, and if the Council reasonably determines that
it will need to acquire a portion of land within the plat or subdivision for the
purposes stated in this Subd. 3 as a result of approval of the plat or subdivision,
then, as to such plat or subdivision, a reasonable portion of the land therein shall
be dedicated to the public or preserved for conservation purposes or for public use
as parks, playgrounds, trails, wetlands or open space, provided that, at the option
of the City, the owner or owners shall contribute to the City an amount of cash
equal to the fair market value of the land otherwise required to be so dedicated or
preserved, or dedicate and preserve a part of such land and contribute the balance
of such land value in cash. Land then set aside and dedicated for public recreation
purposes pursuant to Subsection 850.13 (Planned Residential District) of this Code
may be considered as set aside and dedicated under this Section to the extent
required hereunder in connection with such plat or subdivision, but then only to the
extent that such land is in excess of the open space then required by Section 850
of this Code. Any money so paid to the City shall be placed in a special fund and
used only for the acquisition or development of land for conservation purposes,
parks, playgrounds, trails, wetlands, and open space. For purposes of this Section,
"fair market value of the land" is defined as the fair market value of the land within
such plat or subdivision, as determined by the City Assessor, as of the date the plat
or subdivision is granted final approval by the Council. It is the policy of the City,
as a general rule, to require dedication of land in the following instances:
A. If the property to be dedicated is adjacent to an existing public park or
playground and the additional property will beneficially expand the park or
playground;
B. If the property to be dedicated is six acres or more in size, or is expected
to be combined with future acquisitions by the City so that a public park
with a minimum of six acres will result;
C. If the property to be dedicated abuts or adjoins a natural lake, pond or
stream, or a wetland then protected by then applicable state or federal laws
or statutes;
D. If the property to be dedicated is necessary or desirable for a storm water
holding or ponding area, or is an area which the City intends to have
dredged or otherwise improved for storm water holding areas or ponds; or
810 - 19
City of Edina Land Use, Platting and Zoning 810.16
E. If the property to be dedicated is a place of significant natural, scenic or
historic value.
810.14 Utilities.
Subd. 1 Underground Installation of Utilities. All new utilities (excluding main
line electric feeders and high voltage transmission lines) constructed within the
confines of and providing service to customers in the plat shall be installed
underground.
Subd. 2 In Public Easements. All electric and gas distribution lines and piping,
roadways, curbs, walks and other similar improvements shall be constructed only
on a street, alley or other public way or easement which is designated on a plat or
subdivision approved by the Council or which has otherwise been approved by the
Council.
810.15 Street Maintenance. Until a street in a plat or subdivision has been completed
in accordance with the plans and specifications approved by the City, and the Engineer has
certified as to such completion, the owner shall keep such street, if used for public travel,
in safe condition for such use, at owner's own expense. The City shall not be chargeable
with the cost of or the responsibility for the maintenance of such street until the
completion of such street has been so certified.
810.16 Penalty.
Subd. 1 Violation of M.S. 462.358, Subd. 4b. In addition to the provisions of
Subsection 100.09 of this Code, any person who conveys a lot, tract or parcel in
violation of M.S. 462.358, Subd. 4b, (which is hereby incorporated herein by
reference and made a part of this Code) shall forfeit and pay to the City a penalty
of not less than $100.00 for each lot, tract or parcel so conveyed. Also, the city
may enjoin such conveyance, or recover such penalty, by a civil action in a court of
competent jurisdiction.
History. Ord 804 adopted 12-13-89
Reference. M.S. 462, 505
Cross Reference: Sections 445, 850; Subsections 100.09, 850.21
810 - 20
City of Edina Land Use, Platting and Zoning 815.04
Section 815 - Radio and Television Antennas and Towers
815.01 Definitions. Words and phrases used in this Section which are defined in Section
850 of this Code shall be construed in this Section according to their definitions contained
in Section 850. The following words and terms shall have the following meanings in this
Section:
Antenna. Equipment used for transmitting or receiving telecommunication,
television or radio signals, which is located on the exterior of, or outside of, any
building or structure. For purposes of this Section, "antenna" does not include"dish
antenna".
Dish Antenna. A parabolic shaped antenna (including all supporting apparatus)
which is used for transmitting or receiving telecommunication, television or radio
signals, which is located on the exterior of, or outside of, any building or structure.
Tower. Any pole, spire or structure, or any combination, to which an antenna or
dish antenna is, or could be attached, or which is designed for an antenna or dish
antenna to be attached, and all supporting lines, cables, wires and braces.
815.02 Permit Required; Exemptions. No antenna, dish antenna or tower of any kind
shall be erected, constructed or placed, or re-erected, re-constructed or replaced, anywhere
within the City without first making an application for and obtaining a permit from the
City. Provided, however, no permit shall be required for the following:
A. Dish antennas not greater than nine square feet in cross sectional area, which
do not exceed six feet in height as measured from the base of the dish antenna to
the highest point of the dish antenna.
B. All towers or other antennas which do not exceed six feet in height as measured
from the base of the antenna or tower to the highest point of the antenna or tower.
C. Antennas, dish antennas and towers erected or constructed by the City for City
purposes.
815.03 Application for Permit; Issuance; Fee. Application for a permit required by this
Section shall be made to the Building Official in the same manner, and containing the same
information, as for a building permit pursuant to Section 410 of this Code. The application
shall be accompanied by the fee set forth in Section 185 of this.Code. Such permit shall
be issued by the Building Official.
815.04 General Requirements. All antennas, dish antennas and towers, for which a
permit is required shall comply with the following requirements:
815 - 1
City of Edina Land Use, Platting and Zoning 815.05
Subd. 1 Compliance with Applicable Provisions. All applicable provisions of
Section 410 of this Code, including wind loading requirements set forth in the State
Building Code.
Subd. 2 Grounding. Antennas, dish antennas and towers shall be grounded for
protection against a direct strike by lightning and shall comply, as to electrical
wiring and connections, with all applicable provisions of this Code and State law.
Subd. 3 Proximity to Power Lines. No antenna, dish antenna or tower shall
exceed a height equal to the distance from the base of the antenna, dish antenna or
tower to the nearest overhead electrical power line (except individual service drops),
less five feet.
Subd. 4 Protection from Climbing. Antennas, dish antennas or towers shall be
protected to discourage climbing by unauthorized persons.
Subd. 5 Restrictions on Attachments. No antenna, dish antenna or tower shall
have affixed to it in any way lights, reflectors, flashers or other illuminating devices,
or any signs, banners or placards of any kind, except one sign not over ten square
inches may be affixed indicating the name of the manufacturer or installer.
Subd. 6 Prohibited Attachments. No tower shall have constructed on it, or
attached to it, in any way, any platform, catwalk, crow's nest or similar structure.
Subd. 7 Construction Material Restrictions. All towers shall be constructed of
corrosive-resistant steel or other corrosive-resistant, non-combustible materials.
Towers shall not be constructed or made of wood, including timbers or logs.
Subd. 8 Prohibited Extensions. No part of any antenna, dish antenna or tower
nor any lines, cables, equipment, wires or braces used in connection with any tower
or antenna shall, at any time, extend across or over any part of a street, sidewalk
or alley.
815.05 Location and Screening.
Subd. 1 Setback Location Prohibited. No part of any tower, dish antenna or
antenna shall be constructed, located or maintained, at any time, permanently or
temporarily, within any setback required by Section 850 of this Code for a principal
building or structure for the Zoning District in which the antenna, dish antenna or
tower is located.
Subd. 2 Additional Restrictions for Towers and Antennas in Excess of 50 Feet in
Height. In addition to the requirements of Subd. 1 of this Subsection, the following
minimum distance shall be provided between (i) ground mounted towers, (ii)
ground mounted antennas, or (iii) ground mounted towers with antennas, which
815 - 2
City of Edina Land.Use, Platting and Zoning 815.06
are in excess of 50 feet in overall height, and the nearest lot line of a lot in the R-1
District or R-2 District used for residential purposes:
Minimum Distance in Feet = 20(h-50) + 50
h = overall height of tower and antenna in feet
Subd. 3 Additional Restrictions for R-1 and R-2 Districts. In addition to the
requirements of Subd. 1 and Subd. 2 of this Subsection, the following requirements
apply to lots in the R-1 District and R-2 District as established by Section 850 of this
Code other than lots in the R-1 District developed with a conditional use:
A. Dish antennas.
1. Dish antennas greater than nine square feet in cross section area
shall not be located on the roof or exterior wall of a principal or
accessory building.
2. Dish antennas shall only be located in the rear yard.
B. All antennas and towers including dish antennas.
1. No antenna, dish antenna or tower shall be located in the front
yard.
2. No antenna, dish antenna or tower, shall be constructed, located
or maintained, at any time, permanently or temporarily, closer to the
allowed buildable area of a principal building on any adjacent lot than
it is to the principal building on the lot on which it is located.
Subd. 4 Screening for Dish Antennas. The Building Official may require, as a
condition to a permit, that a dish antenna installed in a non-residential district be
screened from residential districts located within 100 feet of the dish antenna. Such
required screening shall comply with the requirements of Subd. 2 of Subsection
850.10 of this Code.
815.06 Height Restrictions.
Subd. 1 R-1 and R-2 Districts. In the R-1 and R-2 District except lots in the R-1
District developed with conditional uses as established by Section 850 of this Code:
A. No ground mounted antenna, ground mounted tower or ground mounted
tower with an antenna shall exceed 65 feet in height, measured from the
ground elevation at the base of the tower or antenna, whichever is lower, to
the highest point of the antenna or tower, whichever is higher.
815 - 3
City of Edina Land Use, Platting and Zoning 815.07
B. Towers and antennas mounted on or attached to a building or structure
shall not extend higher than 25 feet above the highest point of the roof of
the building or structure, provided that no tower or antenna shall exceed 65
feet in height as measured from the ground elevation at the front building
line.
C. Dish antennas shall not be in excess of 12 feet in height, measured from
the ground elevation at the base of the dish antenna to the highest point of
the dish antenna.
Subd. 2 Zoning Districts Other Than R-1 and R-2 and Conditional Uses Allowed
in the R-1 District. In all other Zoning Districts as established by Section 850 of
this Code and on lots in the R-1 District developed with conditional uses:
A. No ground mounted antenna, ground mounted tower or ground mounted
tower with an antenna shall exceed 75 feet in height, measured from the
ground elevation at the base of the tower or antenna, to the highest point
of the antenna or tower, whichever is higher.
B. Roof mounted antennas and towers shall have a height of no more than
18 feet as measured from the point at which the antenna is attached to the
roof to the top of the highest portion of the antenna.
C. Dish antennas shall have an overall height of no more than 18 feet for
either a ground mount or roof mount, as measured from the point at which
the antenna is mounted to the roof or the ground elevation to the highest
point of the antenna.
815.07 Existing Antennas and Towers. Existing antennas, dish antennas and towers
which do not conform to or comply with this Section are subject to the following
provisions:
Subd. 1 Use and Replacement. Existing antennas, dish antennas and towers may
continue to be used for the purposes now used and as now existing, except as
provided in Subd. 2 of this Subsection,but may not be replaced, expanded, enlarged
or added to in any way without complying in all respects with this Section, except
that antennas may be replaced, without so complying, provided the new antenna
or dish antenna fully complies with the provisions of this Section.
Subd. 2 Destroyed or Damaged Antennas, Dish Antennas or Towers. If an
antenna, dish antenna or tower is damaged or destroyed due to any reason or cause
whatsoever, the same may be repaired and restored to its former use, location and
physical dimensions upon obtaining a building permit but without otherwise
complying with this Section. Provided, however, that if the cost of repairing or
restoring such damaged or destroyed antenna, dish antenna or tower would be 50
815 - 4
City of Edina Land Use, Platting and Zoning 815.11
percent or more, as estimated by the Building Official, of the cost of purchasing and
erecting a new antenna, dish antenna or tower of like kind and quality and to the
former use, physical dimensions and location, then the antenna, dish antenna, or
tower may not be repaired or restored except in full compliance with this Section.
815.08 Number of Antennas, Dish Antennas and Towers.
Subd. 1 R-1 and R-2 Zoning Districts. In the R-1 District and R-2 District as
established by Section 850 of this Code, no more than one exempt antenna, as
defined in Subsection 815.02, one dish antenna requiring a permit under the
provisions of this Section, and one tower with antennas shall be allowed at any one
time on any single lot.
Subd. 2 Other Residential Districts. In districts zoned residential by Section 850
of this Code, other than the R-1 District and R-2 District, no more than one exempt
antenna, as defined in Subsection 815.02, one dish antenna requiring a permit
under the provisions of this Section and one tower with antennas shall be allowed
at any one time on any single tract.
815.09 Variances. Variances from the literal provisions of this Section shall be processed
and granted or denied in the same manner and based on the same criteria and conditions
as variances under Section 850 of this Code.
815.10 Abandoned Antennas, Dish Antennas and Towers; Removal. Any antenna, dish
antenna or tower which is not used for six successive months shall be deemed abandoned
and may be required to be removed in the same manner and pursuant to the same
procedures as for dangerous or substandard buildings established by Section 470 of this
Code.
815.11 Interpretation. It is not the intention of this Section to interfere with, abrogate
or annul any covenant or other agreement between parties. Where this Section imposes
a greater restriction upon the use of premises for antennas, dish antennas or towers than
are imposed or required by other Sections of this Code, rules, regulations or permits, or by
covenants or agreements, the provisions of this Section shall govern.
History. Ord 812 adopted 6-10-71; amended by Ord 812 Al 6-17-81, Ord 812-A2 6-12-85
Cross Reference. Sections 185, 410, 850, Subsection 850.10
815 - 5
City of Edina Land Use, Platting and Zoning 820.03
Section 820 - Vacation of Streets, Alleys, Public Ways
and Utility Easements
820.01 Application. Any person may file an application with the Clerk for the vacation
of any street, alley, public grounds, public way, utility easement or boulevard reserve, or
any portion of it. The application shall be on forms provided by the Clerk and shall
specifically designate the street, alley, public grounds or public way, utility easement or
boulevard reserve, or any portion of it, proposed to be vacated. The application shall be
accompanied by the fee in the amount set forth in Section 185 of this Code. The applicant
shall also submit a legal description and a scaled drawing showing in full detail the area
proposed to be vacated.
820.02 Public Hearing. The Council shall set a date for, give notice and conduct a public
hearing pursuant to M.S. 412.851. After hearing the oral or written views of all interested
persons, the Council may by resolution grant the vacation and reserve rights in the vacated
area pursuant to State Law.
820.03 Filing. If a resolution of vacation is adopted, the Clerk shall prepare a notice of
completion of the vacation proceedings and shall file a copy with the County Auditor and
County Recorder pursuant to M.S. 412.851. A copy of the notice of completion shall also
be sent to the utilities companies providing service to the City.
History. Ord 814 adopted 6-17-81
Reference. M.S. 412.851; 462.358, Subd. 7, 160.29
Cross Reference: Section 185
820 - 1
City of Edina Land Use, Platting and Zoning 830.02
Section 830 - Tree Removal, Grading and Excavations
830.01 Purpose. The Council finds and declares that the lands and vegetation of the City
are a valuable resource requiring protection from the effects of urbanization. The purpose
of this Section is to regulate land disturbing activities to prevent undue loss of the urban
forest, reduce erosion and sedimentation and enhance the natural beauty of the City in the
interest of the health, safety and welfare of the residents.
830.02 Definitions.
Subd. 1 Terms Defined in Section 850. The following terms shall have the
meanings stated in Section 850 of this Code:
District.
Lot.
Parcel.
Principal Building.
R-1 District.
R-2 District.
Subd. 2 Terms Defined in this Section. Unless the context clearly indicates
otherwise, the following terms shall have the meanings as stated:
Earth Soil, rocks, rip-rap, gravel, sand, soil, and all similar material.
Grading. Any movement of earth, including without limitation, any
excavation, stockpiling, land disturbing activity, cutting, filling, or any
combination of movement.
Open Pit or Excavation. Any grading creating a depression exceeding 200
square feet in area, the bottom or lowest point of which is two feet or more
below the immediately adjoining unexcavated land. A swimming pool as
defined by Section 450 of this Code is not an open pit or excavation for
purposes of this Section.
Tree. A woody, perennial plant usually with one main stem or trunk and
with many branches, which has a diameter of greater than six inches when
measured at a point four feet above ground level.
830 - 1
City of Edina Land Use, Platting and Zoning 830.05
830.03 Activities Requiring a Permit. Except as provided in Subsection 830.04, no
person shall engage in any of the following activities without first obtaining a permit:
Subd. 1 Tree Removal. Removal of a living tree or trees from a lot or parcel not
improved with a principal building.
Subd. 2 Grading. Grading in connection with any one project involving more
than:
A. Ten cubic yards of earth in the aggregate on a lot located in the R-1
District or R-2 District which lot is used or intended to be used for a single
dwelling unit or double dwelling unit building.
B. 100 cubic yards of earth in the aggregate on two or more lots in the R-1
District or R-2 District, or on any lot, parcel, or development site in any
other District.
Subd. 3 Open Pit or Excavation. The creation or maintenance of an open pit or
excavation.
830.04 Exempt Activities. The provisions of this Section shall not apply to:
Subd. 1 Special Permit. Activities for which a special permit has been granted in
accordance with Subsection 850.21 of this Code.
Subd. 2 Restored Ground. Grave digging, well drilling and utility excavations
where the ground will be restored.
Subd. 3 Diseased Trees. Removal of trees with Dutch Elm disease, oak wilt or
other diseases requiring tree removal.
Subd. 4 Top Soil. Top soil placed for top dressing purposes which is immediately
spread and which does not materially change the elevation of the lot or parcel.
830.05 Permit.
Subd. 1 Application. Prior to engaging in any activity requiring a permit, an
application shall be submitted to the Building Official on forms provided by the
Building Official. The application shall be accompanied by a schedule for the
commencement and completion of the work. The application shall be accompanied
by the fee in the amount set forth in Section 185 of this Code. The application shall
also be accompanied by a plan drawn at a scale of not less than one inch equals 30
feet which contains the following information:
A. Location of trees to be removed.
830 - 2
City of Edina Land Use, Platting and Zoning 830.06
B. Existing and proposed buildings and structures.
C. Existing and proposed contours.
D. Provisions for temporary and permanent erosion control.
E. Proposed revegetation of disturbed area.
F. Provisions for temporary and permanent drainage.
830.06 Standards and Guidelines. No permit shall be issued unless the above required
plan is submitted to and approved by the Building Official and unless the proposed activity
complies with the following standards and guidelines:
Subd. 1 Grading Activities.
A. The plan shall be fitted to the topography and soils so as to create the
least erosion potential.
B. Permanent vegetation and improvements such as streets, storm sewers or
other features of the development, capable of carrying surface water runoff
in a safe manner, shall be installed to the extent possible before removing
the vegetation cover from any area.
C. Wherever feasible, natural vegetation shall be retained and protected.
D. Permanent vegetation shall be established as soon as possible after
grading.
E. Not more than the smallest practical area of land shall be graded or
exposed at any one time during development.
F. When vegetation is removed during development, the exposed condition
of land shall be kept to the shortest practical period of time, but not longer
than 60 days.
G. Critical erosion areas graded or exposed during construction shall be
protected with temporary vegetation, mulching or by other means acceptable
to the Building Official.
H. Sediment basins, debris basins, desilting basins or silt traps shall be
installed and maintained to remove sediment from surface water runoff from
land subjected to grading.
I. Diversions shall be installed to divert surface water runoff from slopes of
830 - 3
City of Edina Land Use, Platting and Zoning 830.07
ten percent or steeper.
J. Provisions acceptable to the Building Official or Engineer shall be made
to accommodate the increased surface water runoff caused by changed soil
and surface conditions during and after completion of grading.
K. Cut and fill slopes shall not be steeper than two feet horizontal to one
foot vertical unless stabilized by a retaining wall, cribbing or rip-rap, or other
means acceptable to the Building Official.
L. During grading operations, measures acceptable to the Building Official
shall be taken for dust control.
Subd. 2 Tree Removal. Trees shall be removed only by reason of:
A. Poor health or dangerous condition of the tree.
B. Construction of improvements being made to the property.
Subd. 3 Open Pits and Excavations.
A. Fences must be installed or other provisions acceptable to the Building
Official must be made to prevent persons from inadvertently entering the pit.
B. Banks must be constructed at slopes not steeper than three feet horizontal
to one foot vertical.
C. Provisions acceptable to the Building Official shall be taken to prevent
stagnation of water.
D. Excavated materials must be spread on adjoining ground and revegetated
or completely removed from the area.
830.07 Issuance of Permit; Appeal.
Subd. 1 Approval or Denial. The Building Official shall review the plan and
application and shall approve or deny the application based upon the standards and
guidelines set forth in Subsection 830.06 together with the purpose and intent of
this Section. If the application is denied by the Building Official, written notice of
the action specifying the date of denial, together with the reasons for denial, shall
be mailed to the applicant at the address shown in the application. If approved, the
Building Official shall issue the permit. The Building Official may impose conditions
in connection with issuance of the permit to ensure compliance with this Section
and to protect adjacent properties. The Building Official, as a condition to the
permit, may require the permit holder to submit topographic surveys on an as-built
830 - 4
City of Edina Land Use, Platting and Zoning 830.09
basis to verify conformance with the approved plans.
Subd. 2 Permit Nontransferable; Duration. Any permit granted pursuant to this
Section shall be nontransferable and shall expire six months from date of issuance.
Subd. 3 Appeal. Any applicant may appeal an alleged error in any order,
requirement, decision or determination made by the Building Official in the
administration of this Section, to the Council in the manner set forth in Subsection
160.06 of this Code.
830.08 Conformance with Plan. All activities undertaken pursuant to a permit issued
under this Section shall conform to the approved plans and schedules and to any conditions
imposed by the permit.
830.09 Security. The Building Official may require the permit holder to file security to
ensure that all work is undertaken in accordance with the permit and approved plans and
schedule set forth in the application. The security shall be in the form prescribed by
Subd. 2 of Subsection 405.01 of this Code. Such security may be used by the City to
undertake work as provided in Subd. 3 of Subsection 405.01 of this Code.
History. Ord 817 adopted 4-4-74; Ord 821 codified 1970; Ord 822 codified 1970, amended by
Ord 822 Al 10-7-71, Ord 822-A2 10-24-74; Ord 823 adopted 4-4-74
Cross Reference. Sections 185, 850; Subsections 160.06, 405.01, 850.21
830 - 5
City of Edina Land Use, Platting and Zoning 835.01
Section 835 - Comprehensive Plan
835.01 Notice and Hearing for Adoption and Amendment of Comprehensive Plan. Before
the Council shall adopt or amend the Comprehensive Plan of the City, as defined in M.S.
462.352, Subd. 5, or any portion of it, it shall hold at least one public hearing on such
adoption or amendment. A notice of the time, place and purpose of the hearing shall be
published once in the official newspaper of the City at least ten days before the date of the
hearing.
History: None
Reference. MS. 462.352
835 - 1
City of Edina Land Use, Platting and Zoning 845.04
Section 845 - Restricted Access Parking Lots
845.01 Purpose and Definitions.
Subd. 1 Purpose. The Council finds that restricted access parking lots may
become more prevalent within the City, and that their creation results in problems
related to traffic congestion and emergency vehicle access, among others, and that
the licensing and control of such lots is necessary to maintain and promote the
public health, safety and general welfare.
Subd. 2 Definitions. For the purposes of this Section, the following terms shall
have the stated meanings:
Free Parking Lot. A parking lot to which access is unrestricted.
Motor Vehicle. Every vehicle which is self-propelled and not deriving its
power from overhead wires.
Motor Vehicle Reservoir Area. The area at the entrance of a restricted access
parking lot between the public street right-of-way line and the point at which
access to the parking lot is restricted.
Parking Lot. Any area with ten or more parking spaces used for the parking
or storing of motor vehicles, including, without limitation, parking ramps as
defined in Section 850 of this Code, which is operated for the benefit of
persons such as,but not limited to, employees,members, customers,patrons,
clients or visitors.
Restricted Access Parking Lot. A parking lot to which access is restricted by
mechanical or other means.
845.02 License Required. No person shall own or operate, or in any way offer to operate,
a restricted access parking lot without first obtaining a license pursuant to this Section.
845.03 License Procedure. The provisions of Section 160 of this Code shall apply to all
licenses required by this Section and to the holders of the licenses.
845.04 License Application. Any person desiring a license to own or operate a restricted
access parking lot shall file an application with the Engineer on forms provided by the
Engineer. The application shall be accompanied by the fee in the amount set forth in
Section 185 of this Code. The application shall contain, in addition to the information
required by Section 160 of this Code, the name of the owner of the parking lot and the
name of the manager or operator of the parking lot if different from the owner. The
applicant shall also submit a plan, drawn to scale, showing such information as is required
845 - 1
City of Edina Land Use, Platting and Zoning 845.10
by the Engineer, including, without limitation, all entrances and exists, the location of
motor vehicle reservoir areas, the interior circulation system of the parking lot, the
dimensions and grade of the parking lot and of all entrances and exits, drainage from the
parking lot, the location and design of attendant buildings, the location of emergency
vehicle access, the location and size of self-service ticket vendors, landscaping or screening
as required by Subsection 850.10 of this Code, the location, size and shape of all signs, the
location, height and kind of outdoor lights, and the location of the free access driveway as
required by Subsection 845.15. No application shall be considered complete unless the
Engineer has determined that the plan complies with all requirements and standards of this
Section and other applicable provisions of this Code.
845.05 Approval by Engineer. Prior to the issuance of a license, the Engineer shall
determine if the parking lot complies with all the provisions and standards of this Section
and other applicable provisions of this Code, including, without limitation, the provisions
of Section 850 of this Code. If all such provisions are met, and proper application has been
made, the City may grant the license.
845.06 Insurance Required. Each licensee holder at all times shall keep in full force and
effect a public liability insurance policy, written by an insurance company authorized to
do business in the State, in the following minimum amounts: $100,000 for injury to or
death of one person, $500,000 for injury or death from any one occurrence, and $50,000
for damage to property arising from any one incident. A certificate of insurance shall be
filed with the license application.
845.07 Revocation, Suspension or Denial of License. A license granted under this Section
may be revoked, suspended or denied pursuant to the provisions of Section 160 of this
Code. Violation of any of the terms of this Section shall be cause for revocation,
suspension, or refusal to renew a license.
845.08 Inspection Required; Notice, Correction of Violations. At such times as deemed
necessary by the City, the Engineer shall cause every restricted access parking lot located
within the City to be inspected. In the event a restricted access parking lot is found not
in compliance with any of the provisions of this Section or of any other applicable
provisions of this Code, the City may proceed to enforce this Section pursuant to the
procedures set out in this Section, or Section 160 or other applicable sections of this Code.
845.09 Motor Vehicle Reservoir Area. A restricted access parking lot shall have a motor
vehicle reservoir area at each entrance from a public right-of-way. The motor vehicle
reservoir area for a restricted access parking lot shall have at least four, eight and one-half
foot by 20 foot, spaces for stacking of motor vehicles. The motor vehicle reservoir area
shall be conspicuously outlined with pavement paint and shall not be used for the parking
or storage of motor vehicles or for any other use which hinders, restricts or prevents use
of such area as a motor vehicle reservoir.
845.10 Placement of Motor Vehicles. No motor vehicle shall be parked in a manner that
845 - 2
City of Edina Land Use, Platting and Zoning 845.14
would prevent reclamation of any motor vehicle upon request. If claim checks are used to
restrict access to the restricted access parking lot, then at no time shall any driver with a
current claim check be refused the opportunity to obtain the driver's motor vehicle,
provided the driver has paid accumulated parking charges.
845.11 Emergency Vehicle Access. Each restricted access parking lot shall be designed
or operated in a manner approved by the Engineer so as to allow emergency vehicles to
access the building or buildings served by the restricted access parking lot at any time
without a claim check and without going through a motor vehicle reservoir area. Such
emergency vehicle access at all times shall be kept free of motor vehicles, snow, ice, fill,
refuse, or any other material or thing which will or may block such access.
845.12 Claim Check. When a motor vehicle is left for parking in a restricted access
parking lot, the driver shall be furnished with a claim check on which shall be printed the
full name of the operator, the address of the parking lot, the license number under which
the parking lot is operating, and the date and time of issuance of the claim check.
845.13 Attendant Buildings. Attendant buildings shall be located only at exits to
restricted access parking lots and shall be located no closer than 20 feet from the street
right-of-way. Minimum standards for the materials and general design of attendant
buildings shall be as follows:
Subd. 1 Interior of Building. Attendant buildings shall have a minimum floor
area sufficient to accommodate the normal complement of parking lot operating
personnel. The building shall be enclosed and weather tight. It shall be equipped
with an operable and lockable door and window. It shall be set on a curb or
platform rising a minimum of six inches above the adjacent lot paving. Service
connections shall be in accordance with applicable provisions of this Code.
Subd. 2 Exterior of Building. Exterior wall finishes shall be one, or a
combination, of the following: face brick, natural stone, glass or prefinished metal
panels.
Subd. 3 Building Plans. All building plans for attendant buildings shall be
submitted to the Building Official to determine compliance with this Section and all
other applicable provisions of this Code.
Subd. 4 Condition of Building. Attendant buildings shall be kept clean and in
good condition and repair at all times.
845.14 Information Signs. Every restricted access parking lot licensee shall maintain
information signs in the parking lot as required by this Subsection.
Subd. 1 Content and Appearance. There shall be a sign at each entrance to the
parking lot, located at the point at which access to the parking lot is restricted.
845 - 3
City of Edina Land Use, Platting and Zoning 845.15
Each such sign shall show the name and telephone number of the licensee, the
license number under which the parking lot is operating, and if charges are made,
the rates charged for parking or storing motor vehicles on said parking lot. Such
signs shall state the minimum rate, the maximum rate for 12 hours and the
maximum rate for 24 hours, and if there are no maximum rates, the sign shall so
state. Such signs shall also state all special rates, including any weekly or monthly
rates. No change in the posted rates shall be effective until notice of such change
has been given, not less than 24 hours prior to the effective time of the change, by
posting the same on the parking lot entrance signs using letters and numbers at
least equal in size to the other letters and numbers on such sign. Such signs shall
not exceed six square feet, shall be permanently mounted with a minimum distance
to the bottom of the sign of three feet, and a maximum distance to the bottom of
the sign of five feet, and shall conform to all provisions of this Code regarding
erection and construction. Layout of sign graphics shall be approved by the
Engineer, including color, size of lettering, placement of information and
identification symbols., In no case shall any letters or numerals be less than two
inches in height.
Subd. 2 Graphics. No sign graphics of any type shall be attached to or displayed
on any attendant building except that a sign may be attached or incorporated into
the building design which specifies the hours of attendant duty, the location of keys
after attendant hours, the name, phone number and license number of the licensee,
and any other information essential to the normal operation of the lot.
Subd. 3 Towing Sign. All restricted access parking lots which engage in towing
of unauthorized motor vehicles shall post such practice on a sign at each lot
entrance. In addition, each such sign shall include the name and telephone number
of the tower used. Letters on such signs shall be at least one inch in height. Such
signs shall not exceed two square feet, and shall be located on the same support or
supports as the entrance sign required by Subd. 1 of this Subsection, but below such
entrance sign.
Subd. 4 Stated Charges. No restricted access parking lot licensee shall charge,
or allow to be charged, any greater sum for parking a motor vehicle than is stated
on the entrance signs.
Subd. 5 Condition of Signs. All signs shall be kept in good condition and repair
at all times.
845.15 Access to Building. Each restricted access parking lot shall provide at least one
driveway through the parking lot, which may be one-way, giving clear access to the
building or buildings served by the parking lot, with an entrance to and exit from the
driveway directly to a public street, so that persons can be dropped off and picked up at
such building or buildings, at any time, without a claim check and without going through
a motor vehicle reservoir area.
845 - 4
City of Edina Land Use, Platting and Zoning 845.19
845.16 Variances. Any restricted access parking lot licensee, and any person applying for
a restricted access parking lot license, who desires a variance or variances from any of the
requirements of this Section may file a petition for the variance or variances with the
Engineer. The petition shall be on forms provided by the Engineer. The petition shall be
accompanied by plans which clearly illustrate, to the satisfaction of the Engineer, the
changes from the plan or from the requirements of this Section which will result if the
variance or variances are granted. The petition, together with said plans and the report
of the Engineer, shall be submitted to the Council within 30 days after it is submitted to
the Engineer. Provided, however, if the variance petition is by a person applying for a
restricted access parking lot license, then the Engineer shall not submit the variance
petition, plans and report to the Council until the Engineer has first determined that the
application for a license is complete and all requirements of this Section have been
complied with, except for the requirements described in and to be varied by the variance
petition, but the petition shall be submitted to the Council within 30 days after the
determination is made. The Council shall hear and decide the petition within 60 days after
submission of the petition to the Council. The Council may grant the variance if it finds
that the strict enforcement of this Section would cause undue hardship because of
circumstances unique to the petitioner's property and not created by the petitioner, and
that the grant of the variance is in keeping with the spirit and intent of this Section. The
act of creating a restricted access parking lot, by itself, shall not be deemed a circumstance
created by the petitioner so as to disallow the grant of the requested variance or variances.
The Council, in granting a variance, may impose conditions to ensure compliance with the
purpose and intent of this Section and to protect adjacent properties.
845.17 Unauthorized Use of Vehicle. No personnel of a restricted access parking lot shall
use or permit the use, for any purpose whatsoever, of any motor vehicle left in the lot for
parking unless authorized in writing by the owner or person in charge of the vehicle.
845.18 Transferring Vehicle to Another Lot. No restricted access parking lot personnel
shall transfer any motor vehicle to another parking lot without the consent of the owner
or person in charge of the vehicle unless the vehicle is in the lot without permission or
payment of parking charges.
845.19 Prohibited Acts. The licensee of a restricted access parking lot shall not permit the
repairing, except in an emergency, dismantling or wrecking of any motor vehicle, or the
storage of any inoperable vehicles, as defined in Section 1045 of this Code, on the parking
lot.
History. Ord 824 adopted 4-27-90
Cross Reference. Sections 160, 185, 850, 1045; Subsection 850.10
845 - 5
City of Edina Land Use,Platting and Zoning 850.01
Section 850 - Zoning
850.01 Findings, Purpose and Objectives 850.08 Parking and Circulation
850.02 Short Tide 850.09 Loading Facilities
850.03 Rules of Construction,Interpretation, 850.10 Landscaping and Screening
Severability,Definitions 850.11 Single Dwelling Unit District (R-1)
850.04 Administration and Procedures for 850.12 Double Dwelling Unit District (R-2)
Variances, Rezoning;Transfer to 850.13 Planned Residence District (PRD,PSR)
Planned Districts, Conditional Use 850.14 Mixed Development District (NIDD)
Permits,Temporary Conditional Use 850.15 Planned Office District (POD)
Permits 850.16 Planned Commercial District (PCD)
850.05 Districts 850.17 Planned Industrial District (PID)
850.06 District Boundaries 850.18 Regional Medical District QUO)
850.07 General Requirements Applicable to all 850.19 Automobile Parking District (APD)
Districts Except as Otherwise Stated, 850.20 Heritage Preservation Overlay District
Storage of Refuse, Home Occupations, (HPD)
Fences, Setbacks, Building Coverage 850.21 Floodplain Overlay District (FD)
850.01 Findings,Purpose and Objectives. The Council finds that Edina has emerged from
an era exemplified by unparalleled growth and development and has entered a period of
stability, reuse and redevelopment; that some of the standards and regulations which
guided initial development of the City are not appropriate for guiding future development
and redevelopment; and that standards and regulations for guiding future development and
redevelopment should be based upon the stated goals, objectives and policies of the
Comprehensive Plan of this City, as from time to time amended, which constitutes the
City's statement of philosophy concerning the use of land within its jurisdiction. Through
the enactment of this Section, the Council intends to implement this statement of
philosophy so as to provide for the orderly and planned development and redevelopment
of lands and waters in Edina, to maintain an attractive living and working environment in
Edina, to preserve and enhance the high quality residential character of Edina and to
promote the public health, safety and general welfare.
Specifically, this Section is intended to implement the following objectives, some of which
are contained in the Comprehensive Plan:
Maintain,protect and enhance single family detached dwelling neighborhoods as the
dominant land use.
Encourage orderly development of multi-family housing that offers a wide range of
housing choice, density and location while maintaining the overall high quality of
residential development.
Control the use, development and expansion of certain non-residential uses in the
Single Dwelling Unit District in order to reduce or eliminate undesirable impacts of
such non-residential uses.
850 - 1
City of Edina Land Use,Platting and Zoning 850.01
Encourage a more creative and imaginative approach to the development of
multi-family developments.
Provide an enjoyable living environment by preserving existing topography,
vegetation, streams, water bodies and other natural land and water forms.
Encourage mixed use developments which:
A. Provide housing for persons of low and moderate income.
B. Include recreational facilities and parks.
C. Harmoniously integrate residential and non-residential uses.
D. Encourage the increased use of mass transit.
E. Reduce employment-related automobile trips.
Encourage orderly development, use and maintenance of office, commercial and
industrial uses which are compatible with the residential character of the City.
Recognize and distinguish commercial districts at the neighborhood level, the
community level and the regional level, so as to provide retail establishments
compatible in use and scale with surrounding properties, especially those used for
residential purposes.
Establish requirements for parking and loading to minimize impacts on public streets
and surrounding properties.
Establish standards for landscaping and screening to contribute to the beauty of the
community, add to the urban forest and buffer incompatible uses from one another.
Preserve buildings,lands, areas and districts which possess historical or architectural
significance.
Protect surface and ground water supplies, minimize the possibility of periodic
flooding resulting in loss of life and property, health and safety hazards and related
adverse effects.
Allow interim uses of closed public school buildings.
This Section divides the City into districts and establishes minimum requirements for these
districts as to the location, height, parking, landscaping, bulk, mass, building coverage,
density and setbacks of buildings and structures and the use of buildings, structures and
properties for residences, retailing, offices, industry,recreation, institutions and other uses.
850 - 2
City of Edina Land Use, Platting and Zoning 850.03
This Section also provides procedures for the transfer of property to another district,
procedures for the issuance of conditional use permits, establishes the Zoning Board of
Appeals, provides for the administration of this Section, and establishes penalties and
remedies for violations. This Section also establishes overlay districts designed to preserve
buildings, lands, areas and districts of historic or architectural significance and to protect
surface and ground water supplies and minimize the possibility of periodic flooding
resulting in loss of life and property, health and safety hazards and related adverse effects.
850.02 Short Title. This Section shall be known as the Zoning Ordinance, may be cited
as such, and will be referred to in this Section as "this Section".
850.03 Rules of Construction, Interpretation, Severability, Definitions.
Subd. 1 Rules of Construction. In construing this Section, the following rules of
construction shall govern, unless their observance would involve a construction
inconsistent with the manifest intent of the Council, or be repugnant to the context
of the section:
A. The use of the phrase "used for" shall include the phrases "designed for,"
"intended for," "improved for," "maintained for," "offered for," and "occupied
for."
B. Words and phrases shall be construed according to rules of grammar and
according to their common and accepted usage; but technical words and
phrases and such others as have acquired a special meaning, or are defined
in this Section, shall be construed according to such special meaning or their
definition.
C. References in this Section to this Section or to another Code provision,
whether or not by specific number, shall mean this Section, and the referred
to Code provision, as then amended.
D. The R-1 District is also used as a holding or open development area for
those properties shown on the Comprehensive Plan as having the potential for
development for uses other than permitted in the R-1 District, which other
uses shall be permitted only after rezoning pursuant to Subsection 850.04 of
this Section.
Subd. 2 Interpretation. The provisions of this Section shall be the minimum
requirements for the promotion of the public health, safety, morals and general
welfare. It is not the intention of this Section to interfere with, abrogate or annul
any covenant or agreement between parties. Where this Section imposes greater
restrictions than any other applicable statute, ordinance, rule or regulation, this
Section shall control when and to the extent allowed by State law. Where any
other applicable statute,ordinance,rule or regulation, including,without limitation,
850 - 3
City of Edina Land Use, Platting and Zoning 850.03
as to Subsection 850.21, those of the Minnehaha Creek Watershed District and the
Nine Mile Creek Watershed District, and the Minnesota Department of Natural
Resources, imposes greater restrictions than this Section, such other statute,
ordinance, rule or regulation shall control. The section, subsection and paragraph
headings are for reference only, and shall not be used to interpret, enlarge or
detract from the provisions of this Section. Any use not specifically allowed by this
Section in a district as a principal, accessory or conditional use, shall not be allowed
or permitted in that district by implication, interpretation or other construction of,
or meaning given to, the wording of this Section.
Subd. 3 Definitions. The following words, terms and phrases, as used herein,
have the following meanings:
Accessory Building. A separate building or structure or a portion of a
principal building or structure used for accessory uses.
Accessory Use. A use allowed by this Section which is subordinate to the
principal use in terms of purpose, scope and extent and is located on the same
lot as the principal use.
Alley. A public right of way less than 30 feet in width which is used or
usable for a public thoroughfare.
Alteration. A physical change in a building or structure that requires the
issuance of a building permit in accordance with Section 410 of this Code,but
excluding changes to mechanical equipment such as furnaces and boilers.
Apartment Building. A residential building having not less than three
dwelling units in a single building with at least one dwelling unit occupying
a different story or stories than other dwelling units in the same building.
Automobile Service Center. A principal building and its accessory buildings
in which batteries, tires, brakes, exhaust systems or other automobile parts
are repaired or replaced, including tune-ups, wheel balancing and alignment,
but excluding body and chassis repair, painting, engine rebuilding and any
repair to vehicles over two ton capacity. Gasoline and oil may be dispensed
as an accessory use.
Basement. A floor level of a building which is located partly or completely
underground.
Board. The Zoning Board of Appeals of the City established by this Section.
Building. Any structure used or intended for supporting or sheltering any use,
property or occupancy, and when the structure is divided by walls without
850 - 4
City of Edina Land Use, Platting and Zoning 850.03
openings, each portion of the structure so separated shall be deemed a
separate building.
Building Coverage. The percentage of the lot area occupied by principal and
accessory buildings and structures, including without limitation, patios.
Building Height or Structure Height. The distance measured from the average
proposed ground elevation adjoining the building at the front building line to
the top of the cornice of a flat roof, to the deck line of a mansard roof, to a
point on the roof directly above the highest wall of a shed roof, to the
uppermost point on a round or other arch-type roof, or to the average
distance of the highest gable on a pitched or hip roof. References in this
Section to building height shall include and mean structure height, and if the
structure is other than a building, the height shall be measured from said
average proposed ground elevation to the highest point of the structure.
Car Wash. A principal building which is equipped with a conveyor system
and other mechanical equipment and facilities for washing motor vehicles.
Car Wash - Accessory. An accessory building or part of a principal building
equipped with mechanical equipment and facilities (but not a conveyor
system) for washing motor vehicles and which is accessory to an automobile
service center or gas station. An accessory car wash shall be capable of
servicing only one vehicle at a time.
Club. A non-profit organization with bona fide members paying annual dues,
which owns, hires or leases a building, or portion, the use of which is
restricted to members and their guests.
Commission. The Planning Commission of the City.
Community Center. A building, or portion thereof, which houses public
health facilities, governmental offices and meeting rooms, social service
facilities, meeting rooms and facilities for civic and cultural organizations and
groups, and publicly sponsored recreational activities, or any combination, all
of which are intended for the use and benefit of residents of the City, and
which is designated, by resolution of the Council, as a community center.
Comprehensive Plan. Comprehensive Plan shall have the same meaning as
in Subsection 810.02 of this Code.
Conditional Use. A use which, though generally not suitable in a particular
zoning district, may, under some circumstances, and subject to conditions, be
suitable in a particular district. Conditional uses shall be allowed by this
Section only pursuant to the issuance of a conditional use permit.
850 - 5
City of Edina Land Use, Platting and Zoning 850.03
Convalescent Home. A building or group of buildings licensed by the
Minnesota Department of Public Welfare for the care of children, the aged or
infirm, or a place of rest and care for those suffering physical or mental
disorders. Hospitals, clinics, maternity care homes, and other buildings or
parts of buildings containing surgical equipment are not included.
Counseling Service. A public or private organization which provides advice
and assistance concerning such matters as career objectives, chemical and
alcohol abuse and health problems. Counseling services do not include
employment agencies, attorneys' offices or uses which are typically located in
business or professional offices.
Curb Elevation. The average elevation of the constructed curb of the street
along a front lot line. Where there is no constructed curb, the Engineer shall
establish the curb elevation for purposes of this Section.
Day. A calendar day.
Day Care. A service providing care and supervision for part of a day for
individuals who are not residents of the principal building in which the
service is located.
Deck. A structure which is either freestanding or attached to a principal or
accessory building, constructed at grade or above grade, intended or designed
for use as outdoor living space and unenclosed by solid or non-solid walls or
a roof. Enclosures or covered areas such as gazebos, breezeways and porches
which may be integral to a deck shall be considered for setback purposes as
accessory buildings if the deck is freestanding, or as a part of the principal
building if the deck is attached to the principal building.
District. A geographic area or areas of the City sharing the same zoning
classification for which this Section establishes restrictions and requirements.
A district may be divided into subdistricts.
Drive-In. A principal or accessory use which sells or serves products or
merchandise to customers waiting in vehicles who then consume or use the
product or merchandise within the vehicle while on the lot occupied by the
principal or accessory use.
Drive-Through Facility. An accessory use which provides goods or services
to customers waiting in vehicles who then leave the lot to consume or utilize
any goods which may have been received. Employees of the principal use
shall not leave the confines of the principal or accessory building to dispense
said goods or services.
850 - 6
City of Edina Land Use, Platting and Zoning 850.03
Dwelling Unit. One or more rooms connected together, but which is or are
separated from all other rooms in the same building, which room constitutes,
or rooms constitute, a separate, independent unit with facilities for cooking,
sleeping and eating, and used for residential occupancy. A room or rooms
shall be deemed to be a dwelling unit if it contains or they contain facilities
for cooking, sleeping and eating, if it or they can be separated from all other
rooms in the same building, if access can be gained without entering or
passing through any living space of another dwelling unit, and if it is or they
are used for residential occupancy.
Efficiency Apartment. A dwelling unit consisting of one room exclusive of
bathroom, kitchen,hallway, closets or dining alcove directly adjoining the one
room.
Efficiency Dwelling Unit. See Efficiency Apartment.
Floor Area Ratio (FAR). Gross floor area divided by lot area.
Frontage. That portion of a lot line which coincides with the right-of-way
line of a street.
Garage -Accessory. An accessory building or portion of a principal building
which is principally used for the storage of motor vehicles owned by the
occupants of the principal building.
Garage - Repair. A principal building used for the repair of motor vehicles or
the storage, for a fee, of motor vehicles for periods exceeding 24 hours.
Gas Station. A principal building and its accessory structures used for the sale
of motor fuels and oils, where automotive accessories and convenience goods
may be sold, but where repair and servicing of motor vehicles does not occur;
provided, however, that an accessory car wash is permitted. If repair or
servicing is provided, the use shall be classified as an automobile service
center.
Gross Floor Area (GFA). The sum of the horizontal areas of all the floors of
a building as measured from (i) the exterior faces of the exterior walls, (ii)
the exterior window line of the exterior walls in the case of a building with
recessed windows, or (iii) the center line of any parry wall separating two
buildings. Gross floor area includes basements, hallways, interior balconies
and mezzanines, enclosed porches, breezeways and accessory buildings not
used for parking. Gross floor area does not include accessory garages,
parking ramps, parking garages, areas not enclosed by exterior walls,
mechanical rooms, patios, decks, restrooms, elevator shafts or stairwells. Use
of the phrase "floor area," in this Section shall mean "gross floor area" as
850 - 7
City of Edina Land Use, Platting and Zoning 850.03
herein defined, unless otherwise specifically stated.
Half Story. The uppermost floor of a building in which (i) the intersection
of the exterior wall and the roof is not more than three feet above the floor
elevation and (ii) not more than 60 percent of the floor's area exceeds five
feet in height as measured from the floor to the rafters. Floors not meeting
this definition shall be deemed a story.
Helistop. An area, either at ground level or elevated on a structure, used for
landing and takeoff of helicopters.
Hotel. A building, or group of buildings, which, in whole or in part, contains
rooms used for sleeping or transient occupancy.
Lodge Hall. A hall for, or meeting place of, the members of a local branch of
a fraternal order or society, such as the Masons, Knights of Columbus, Moose,
American Legion and other similar organizations.
Lot. The basic development unit for purposes of this Section. A lot may
consist of one parcel or two or more adjoining parcels under single ownership
or control, and used for a principal use and accessory uses allowed by this
Section. A lot, except lots in a townhouse plat, must have at least 30 feet
frontage on a street other than at limited access freeway.
Lot Area. The area within the lot lines exclusive of land located below the
ordinary high water elevation of lakes, ponds and streams.
Lot - Corner. A lot at the junction of and abutting on two or more
intersecting streets, or at the point of deflection in alignment of a single
street, the interior angle of which does not exceed 135 degrees.
Lot Depth The horizontal distance between the midpoint of the front lot line
and the midpoint of the rear lot line. The greater frontage of a corner lot is
its depth and the lesser frontage is its width.
Lot - Interior. A lot other than a corner lot.
Lot Line - Front. The boundary of a lot having frontage on a street. The
owner of a corner lot may select either frontage as the front lot line.
Lot Line - Interior. Any boundary of a lot not having frontage on a street.
Lot Line - Rear. The boundary of a lot which is most distant from, and
approximately parallel with, the front lot line.
850 - 8
City of Edina Land Use, Platting and Zoning 850.03
Lot Line - Side. Any boundary of a lot which is not a front or rear lot line.
Lot - Through An interior lot having frontage on two streets.
Lot Width The horizontal distance between side lot lines measured at right
angles to the line establishing the lot depth at a point of 50 feet from the
front lot line.
Lot Width to Perimeter Ratio. The lot width divided by the perimeter of the
lot.
Motel. See Hotel.
Motor Hotel. See Hotel.
Multi-Residential Use. A residential use permitted in the Planned Residence
District and the Mixed Development District.
Non-Conforming Building. A building or structure which does not meet the
requirements of the zoning district in which it is located due to the enactment
of this Section or any amendment thereto, but which was lawfully existing as
of the date of its construction or placement.
Non-Conforming Lot. A lot which does not meet the requirements of the
zoning district in which it is located, or of Section 810 of this Code, due to
the enactment of this Section, or of Section 810 of this Code, or any
amendments to either, but which met all such requirements as of the date the
lot was established or created of record.
Non-Conforming Use. A principal or accessory use which does not meet the
requirements of the zoning district in which it is located due to the enactment
of this Section, or any amendment hereto, but which was a lawful use as of
the date it was first commenced.
Non-Profit Organization. An organization which is qualified for tax
exemption under §§501(c)(3) or 501(c)(4) of the Internal Revenue Code of
1986, as amended.
Nursing Home. See Convalescent Home.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision
as an outlot.
Parcel. A unit of land with fixed boundaries described by lot and block and
reference to a recorded plat approved by the duly adopted resolution of the
850 - 9
City of Edina Land Use, Platting and Zoning 850.03
Council, or by a metes and bounds, or other, description. A parcel may or
may not be a lot as defined in this Section.
Parking Garage. A building which is totally enclosed by walls and a roof, and
containing one or more levels for the parking of vehicles.
Parking Ramp. A structure which is not totally enclosed, containing one or
more levels for the parking of vehicles.
Patio. A portion of a lot which is improved with a surfacing material
including, but not limited to, concrete, asphalt or decorative bricks, which is
intended or designed for use as outdoor living space and is not enclosed by
solid or non-solid walls or a roof. Enclosures or covered areas such as
gazebos, breezeways and porches which may be integral to a patio will be
considered, for setback purposes, as accessory buildings if the patio is
freestanding or is part of the principal building, if the patio is contiguous with
the principal building.
Principal Building. A building which is used for principal uses including
enclosed seasonal living areas such as porches and breezeways which are
attached to the principal building.
Residential Building. A building used for residential purposes or residential
occupancy.
Residential Occupancy. The use of a room or rooms for housekeeping
purposes by the owner of the property, or by a lessee or occupant, for periods
of 30 days or more for a rental fee, or other compensation, or pursuant to
other arrangements with the owner.
Residential Use. See Residential Occupancy.
Rest Home. See Convalescent Home.
Senior Citizen Dwelling Unit. (i) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not
less than 550 square feet nor more than 650 square feet, and specifically
designed for occupancy by a single individual 62 years of age or over, or two
individuals, one of whom is 62 years of age or over; (ii) A one bedroom
dwelling unit within an apartment building with a kitchen, bathroom, living
and storage space, of not less than 550 square feet nor more than 700 square
feet, and specifically designed for occupancy by a handicapped individual; or
(iii) A two bedroom dwelling unit within an apartment building with a
kitchen, bathroom, living and storage space, of not less than 750 square feet
nor more than 850 square feet, and specifically designed for occupancy by a
850 - 10
City of Edina Land Use, Platting and Zoning 850.03
single individual 62 years of age or over, or two individuals, one of whom is
62 years of age or over.
Setback - Front Street. The shortest horizontal distance from the forward
most point of a building or structure to the nearest point on the front lot line.
Setback - Interior Side Yard. The shortest horizontal distance from any part
of a building or structure to the nearest point on an interior side lot line.
Setback - Rear Yard. The shortest horizontal distance from any part of a
building or structure to the nearest point on a rear lot line.
Setback - Side Street. The shortest horizontal distance from any part of a
building or structure to the nearest point on a side lot line that adjoins a
street.
Shopping Center. A group of unified commercial establishments located on
a single tract, permitted in the PCD-1, PCD-2 and PCD-3 Districts, composed
of not fewer than six separate and distinct business entities which are located
in one or more buildings comprising not less than 25,000 square feet of gross
floor area, and which share joint use of parking facilities, pedestrian ways,
landscaping, traffic circulation and other amenities, in accordance with and
pursuant to a joint use agreement, in form and substance acceptable to the
Planner and Engineer, duly signed and delivered by all owners and
encumbrances of the shopping center, and duly recorded in the proper office
to give constructive notice.
Story. That portion of a building included between the surface of any floor
and the surface of the floor next above, or if there is not a floor above, the
space between the floor and the ceiling above. A basement with more than
50 percent of its exterior wall area located entirely below the proposed
ground elevation adjoining the basement shall not be counted as a story.
Street. A public right-of-way 30 feet or more in width which is used or
usable as a public thoroughfare. All references in this Section to
measurements to or along a street shall mean to and along the public right-of-
way and not to the improved or traveled portion of such right-of-way.
Structure. Anything built or constructed, an edifice or building of any kind,
or any piece of work composed of parts joined together in some definite
manner, and including, without limitation, towers, poles and fences except
parking lots and driveways.
Suites Hotel. A hotel in which at least 80 percent of the guest rooms are
two-room suites containing at least 400 square feet of gross floor area.
850 - 11
City of Edina Land Use, Platting and Zoning 850.03
Swimming Pool. A constructed pool, used for swimming or bathing, with a
water surface area exceeding 100 square feet. The term shall also include the
deck area required by this Code and any equipment appurtenant to the pool.
Townhouse. A dwelling unit attached to other dwelling units by common
walls, side by side, extending from the foundation to the roof and without
any portion of one dwelling unit located above any portion of another
dwelling unit, and with each dwelling unit having a separate entrance from
outside the building. Buildings with distinct, separate spaces, or designed for
distinct, separate spaces,for office, commercial or industrial uses, in a manner
similar to a residential townhouse described above, shall be deemed
townhouses for purposes of this Section.
Townhouse Plat. The subdivision, by recorded plat approved by duly adopted
resolution of the Council, whereby all lot lines are coterminous, or nearly so,
with the boundaries of the foundation of each building, and the area of the
land lying outside of the lots and within the subdivision is described as an
outlot which is owned by an association of owners of the lots in the
townhouse plat.
Tract. One or more adjoining lots, not separated by streets, under common
ownership, located within the same zoning subdistrict, and used for an
integrated development.
Transient-Occupancy. The use of a room or rooms for sleeping, cooking or
eating, in a residential manner, for periods of less than 30 days and for a
rental fee,or other compensation, or pursuant to other arrangements with the
owner, lessee or occupant of the premises.
Yard - Front. An open, unoccupied space on the same lot as a building,
which lies between the building and the front lot line, and extends from side
lot line to side lot line.
Yard -Rear. An open, unoccupied space on the same lot as a building, which
lies between the building and the rear lot line, and extends from side lot line
to side lot line. Some accessory buildings may be placed in the rear yard.
Yard - Side. An open, unoccupied space on the same lot as a building, which
lies between the building and the side lot line, and extends from the front lot
line to the rear lot line. Some accessory buildings may be placed in the side
yard.
Year. A period of 365 consecutive days.
850 - 12
City of Edina Land Use, Platting and Zoning 850.04
850.04 Administration and Procedures for Variances, Rezoning, Transfer to Planned
Districts and Conditional Use Permits.
Subd. 1 Variances and Appeals.
A. Zoning Board of Appeals. There is continued a separate Zoning Board of
Appeals of the City. The Zoning Board of Appeals is the board of appeals and
adjustments created pursuant to M.S. 462.354, Subd. 2. All members of the
Commission, from time to time, shall be members, and the other members
shall be four citizens of the City appointed for a term of three years by the
Mayor with the consent of a majority of the members of the Council. For
hearings, the Board shall consist, at a maximum, of any five members, but
three members shall constitute a quorum for conducting such hearings and
making decisions. However, at least one Commission member shall be in
attendance at each Board meeting, and shall be deemed to be the
representative of the Commission for purposes of review and report by the
Commission as required by M.S. 462.354, Subd. 2. The Board shall make no
decision until the Commission, or a representative of it, has had reasonable
opportunity, not to exceed 60 days, to review and report to the Board
concerning the decision. All members shall serve without compensation.
Members may resign voluntarily or be removed by a majority vote of the
Council or pursuant to Section 180 of this Code. That Commission member
in attendance at a meeting who has the then longest continuous service on
the Commission shall be the Chair for that meeting. The Board shall adopt
such bylaws as shall be necessary or desirable for conduct of its business.
Staff services shall be provided by the Planning Department. Board members
who discontinue legal residency in the City shall be automatically removed
from office effective as of the date of such discontinuance. Vacancies shall be
filled pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the power and duty
of hearing and deciding, subject to appeal to the Council, the following
matters:
1. Requests for variances from the literal provisions of this Section.
2. Appeals in which it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative
officer in the interpretation or enforcement of this Section; and
3. Requests for variances from the literal provisions of Section 1045
of this Code.
C. Petitions for Variances. The owner or owners of land to which the
variance relates may, file a petition for a variance with the Planning
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City of Edina Land Use, Platting and Zoning 850.04
Department. The petition shall be made on forms provided by the Planning
Department and shall be accompanied by the fee set forth in Section 185 of
this Code. The petition shall be accompanied by plans and drawings to scale
which clearly illustrate, to the satisfaction of the Planner, the improvements
to be made if the variance is granted. The Planner may require the petitioner
to submit a certificate by a registered professional land surveyor verifying the
location of all buildings, setbacks and building coverage, and certifying other
facts that in the opinion of the Planner are necessary for evaluation of the
petition.
D. Appeals of Administrative Decisions. A person who deems himself or
herself aggrieved by an alleged error in any order, requirement, decision or
determination made by an administrative officer in the interpretation and
enforcement of this Section, may appeal to the Board by filing a written
appeal with the Planning Department within 30 days after the date of such
order,requirement, decision or determination. The appeal shall fully state the
order to be appealed and the relevant facts of the matter.
E. Hearing and Decision by the Board; Notice.
1. Within 60 days after the Planner determines that a variance
petition is complete, and all required fees and information, including
plans, drawings and surveys, have been received, or within 60 days
after the filing of an appeal of an administrative decision, the Board
shall conduct a public hearing and after hearing the oral and written
views of all interested persons, the Board shall make its decision at
the same meeting or at a specified future meeting.
2. Notice of variance hearings shall be mailed not less than ten days
before the date of the hearing to the person who filed the petition for
variance and to each owner of property situated wholly or partially
within 200 feet of the property to which the variance relates insofar
as the names and addresses of such owners can be reasonably
determined by the Clerk from records maintained by the Assessor.
3. A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten days
before the hearing. A notice shall also be mailed to the appellant.
4. No new notice need be given for any hearing which is continued
by the Board to a specified future date.
F. Findings For Variances. The Board shall not grant a petition for a
variance unless it finds that the strict enforcement of this Section would cause
undue hardship because of circumstances unique to the petitioner's property
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City of Edina Land Use, Platting and Zoning 850.04
and that the grant of said variance is in keeping with the spirit and intent of
this Section. "Undue hardship"means that (i) the property in question cannot
be put to a reasonable use as allowed by this Section, (ii) the plight of the
petitioner is due to circumstances unique to the petitioner's property which
were not created by the petitioner, and (iii) the variance, if granted, will not
alter the essential character of the property or its surroundings. Economic
considerations alone shall not constitute an undue hardship if reasonable use
for the petitioner's property exists under the terms of this Section. A
favorable vote by the Board shall be deemed to include a favorable finding on
each of the foregoing matters even if not specifically set out in the approval
resolution or the minutes of the Board meeting.
G. Appeals from Decisions of the Board.
1. The following individuals may appeal a decision of the Board:
a. any petitioner for a variance;
b. any owner to whom notice of the variance hearing is
required to be mailed pursuant to this Section;
c. the appellant in the case of an appeal of an administrative
decision;
d. any person who deems to be aggrieved by the Board's
decision on the appeal of an administrative decision; and
e. any administrative officer of the City.
2. An appeal from a decision of the Board shall be filed with the
Clerk no later than ten days after the decision by the Board. If not so
filed, the right of appeal shall be deemed waived, and the decision of
the Board shall be final.
H. Hearing and Decision by Council. The Council shall hear and decide all
appeals from the decisions of the Board. The appeal shall be heard not later
than 60 days after the date the appeal is filed. The Council shall follow the
same procedures as to notices, hearings, findings for variances and decisions
that the Board is required to follow relative to the subject matter of the
appeal pursuant to this Section. A favorable vote by the Council shall be
deemed to include a favorable finding on each of the required findings even
if not specifically set out in the approval resolution or the minutes of the
Council meeting.
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City of Edina Land Use, Platting and Zoning 850.04
I. Conditions on Variance Approvals. In granting a variance, the Board, or
the Council on appeal, may impose conditions to ensure compliance with the
purpose and intent of this Code and to protect adjacent properties.
J. Form of Action Taken and Record. The Board, or the Council on appeal,
shall maintain a record of its proceedings which shall include the minutes of
its meetings and final order concerning the variance petition or appeal of
administrative decision. If a variance is granted, the petitioner, at the
petitioner's expense, shall duly record the final order in the proper office to
give constructive notice. A verified copy of such order, with the recording
data, shall be delivered to the Planner. The Board, or the Council on appeal,
may require such order to be recorded and such verified copy to be delivered
to the Planner before the variance shall be effective.
K. Lapse of Variance By Non-User, Extension of Time.
1. If, within one year after the date of the meeting of the Board, or
the Council on appeal, at which the variance was granted, the owner
or occupant of the affected land shall not have obtained a building
permit, if one is required, and commenced the work or improvement
described in such petition, the variance shall become null and void
unless a petition for extension of time in which to commence the
proposed work or improvement has been granted.
2. A petition for extension shall be in writing and filed with the Clerk
within such one year period. The petition for extension shall state
facts showing a good faith attempt to use the variance and shall state
the additional time requested to begin the proposed work or
improvement. The petition shall be presented to the Board for
hearing, findings and decision in the same manner as then required
by this Section 850 for an original petition for variance. The Board
may grant an extension of the variance for up to one year upon
finding that a good faith attempt to use the variance has been made,
that there is a reasonable expectation that the variance will be used
during the extension, that speculation will thereby not be fostered,
and that the facts and circumstances under which the original
variance was granted are not materially changed.
Subd. 2 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner of land
proposed for transfer to another district or subdistrict, the Council or
the Commission.
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City of Edina Land Use, Platting and Zoning 850.04
2. A petition by an owner shall be on forms provided by the Planner,
shall be submitted with plans, data and information required by this
Section, and such other information that the Planner believes
necessary for evaluation of the petition. The petition shall be
accompanied by the fee set forth in Section 185 of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at
least one sign per street frontage on the land described in the petition. The
sign or signs shall be of a design approved by the Planner, shall be 36 inches
by 60 inches in size, shall have letters at least four inches high using
Helvetica medium typeface or other letter style approved by the Planner, shall
be constructed of sturdy material, shall be neatly lettered, and shall be easily
viewable from, and readable by persons on, the adjoining street. The sign or
signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
Telephone No. 927-8861"
The petition shall not be deemed filed and the Commission shall not be required to
hold any hearings on the petition until the sign has been erected as required and for
at least ten days preceding the hearing. The sign shall be kept in good repair and
shall be maintained in place until a final decision on the petition has been made by
the Council, and shall be removed by the petitioner within five days after the final
decision. The failure of any petitioner to comply fully with the provisions of this
paragraph relating to the sign shall not prevent the Commission and Council from
acting on the petition nor invalidate any rezoning granted by the Council. If the
signs are not kept in good repair or removed as required, then the signs shall be
deemed a nuisance and may be abated by the City by proceedings under M.S. 429,
or any other then applicable provisions of this Code or State Law, and the cost of
abatement, including administrative expenses and attorneys' fees, may be levied as
a special assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned
Industrial District.
1. Preliminary Development Plan. The petition for rezoning shall
include a Preliminary Development Plan drawn to a scale of not
smaller than 30 feet to the inch upon which are shown the following
data and information:
a. a boundary survey, prepared by a registered land surveyor,
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City of Edina Land Use, Platting and Zoning 850.04
showing the entire outline, dimensions and area of the
property to which the petition relates, and any existing
structures, easements, water bodies, water courses and flood
plains;
b. all existing structures, rights-of-way widths and traveled
widths of all streets and alleys located within 100 feet of the
perimeter of the property;
c. the location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in
residential buildings;
d. the location, arrangement and number of automobile
parking stalls and truck loading facilities; and
e. such other information as is necessary, in the opinion of the
Planner,to evaluate the petition, to determine consistency with
the Comprehensive Plan, and to ensure compliance with the
requirements of this Section and other applicable sections of
this Code.
2. Commission Review of Preliminary Development Plan. Within 45
days after receipt by the Planner of the petition, fee and all other
required information,in form and substance acceptable to the Planner,
the Planner will review the petition, Preliminary Development Plan
and the other information provided by the petitioner, and forward a
report to the Commission. The Commission shall review the report
of the Planner and send its recommendation to the Council.
3. Council Hearings and Decision; Preliminary.Zoning Approval.
Upon request of the Planner, Manager or petitioner, and after review
and recommendation by the Commission, the Council shall conduct a
public hearing regarding the petition and Preliminary Development
Plan. The hearing shall be held not later than 60 days after the date
of the recommendation by the Commission. A notice of the date,
time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days
before the date of the hearing to each owner of property situated
wholly or partly within 500 feet of the tract to which the petition
relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the
Assessor or from other appropriate records. After hearing the oral or
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City of Edina Land Use, Platting and Zoning 850.04
written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future date. No new
notice need be given for hearings which are continued by the Council
to a specified future date. An affirmative vote of four-fifths of all
members of the Council shall be required to grant preliminary
rezoning approval. If preliminary rezoning approval is granted, the
petitioner may prepare a Final Development Plan. In granting
preliminary rezoning approval, the Council may make modifications
to the Preliminary Development Plan and may impose conditions on
its approval. The petitioner shall include the modifications, and
comply with the conditions, in the Final Development Plan, or at
another time and by other documents, as the Council may require or
as shall be appropriate.
4. Final Development Plan. The Final Development Plan shall include
all required information and data delineated on the Preliminary
Development Plan and, in addition, the following data and
information:
a. exact location and elevation drawings of all existing and
proposed structures on the tract including a description of
existing and proposed exterior building materials;
b. the locations, dimensions and design features of all
proposed streets, driveways, vehicular entrances and exits,
driveway intersections with streets, parking areas, loading
areas, maneuvering areas and sidewalks, together with
dimensions and locations of all existing and proposed public
and private easements;
C. a landscape plan and schedule in accordance with
Subsection 850.10;
d. a general overall grading plan indicating final grades and
the direction and destination of surface drainage;
e. location of all existing, and preliminary layout and design
of all proposed,watermains, sanitary sewers, drainage facilities
and storm sewers, together with dimensions and locations of
all existing and proposed public and private easements; and
L any other information necessary, in the opinion of the
Planner, to evaluate the plan, determine consistency with the
Comprehensive Plan and to ensure compliance with this
Section and other applicable provisions of this Code.
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City of Edina Land Use, Platting and Zoning 850.04
5. Commission Review of Final Development Plan. The Final
Development Plan shall be in form and substance acceptable to the
Planner. The Commission shall review the Final Development Plan
within 45 days of its submission and shall recommend approval by the
Council upon finding that the proposed development:
a: is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as
approved and modified by the Council and contains the Council
imposed conditions to the extent the conditions can be
complied with by the Final Development Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other
applicable provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural
features.
A recommendation of approval by the Commission shall be deemed to
include a favorable finding on each of the foregoing matters even if
not specifically set out in the approval resolution or the minutes of
the Commission meeting.
6. Council Hearing and Decision; Final Rezoning. Within 60 days
after the recommendation on the Final Development Plan by the
Commission, the Council shall conduct a public hearing on the Final
Development Plan in the same manner and with the same notices as
required for preliminary rezoning approval. After hearing the oral and
written views of all interested persons, the Council may accept or
reject the findings of the Commission and thereby approve or
disapprove the Final Development Plan. Final approval shall require
a four-fifths favorable vote of all members of the Council. Approval
may be made subject to modifications and conditions which, together
with the Council's modifications and conditions at the time of
preliminary rezoning approval and not done and fulfilled by the Final
Development Plan, must be fulfilled and met, to the satisfaction of the
850 - 20
City of Edina Land Use, Platting and Zoning 850.04
Planner, before the final approval becomes effective. Approval of the
Final Development Plan shall also constitute final rezoning of the tract
included in the plans, and the publication of the ordinance
amendment effecting the zoning change shall thereby be authorized,
but no publication shall be done until any modifications and
conditions made by the Council have been met and fulfilled to the
satisfaction of the Planner.
7. Exceptions From Requirements. The Council may authorize
exceptions from otherwise applicable requirements in the proposed
district in connection with and at the same time as final rezoning
approval.
8. Filing. The approved Final Development Plan shall be filed in the
Planning Department.
9. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Development
Plan, as modified by, and with the conditions made by, the Council,
and in full compliance with this Section and other applicable
provisions of this Code. Applications for building permits shall be
reviewed by the Planning Department prior to issuance of such
permits to determine if they conform to the provisions of this Section,
the approved Final Development Plan, as modified by, and with the
conditions made by, the Council, and other applicable provisions of
this Code.
10. Changes to Approved Final Development Plan. Minor changes in
the location and placement of buildings or other improvements due
to unforeseen circumstances may be authorized by the Planner.
Proposed changes to the approved Final Development Plan affecting
structural types, building coverage, mass, intensity or height,
allocation of open space and all other changes which affect the overall
design of the property shall be acted on, reviewed and processed by
the Commission and Council in the same manner as they reviewed
and processed the Final Development Plan, except that a three-fifths
favorable vote of the Council shall be required to authorize the
proposed change.
D. Procedure for Rezoning to Mixed Development District.
1. Preliminary Development Plan. The petition for rezoning shall
include a Preliminary Development Plan drawn to a scale of not
smaller than 30 feet to the inch upon which are shown the following
data and information:
850 - 21
City of Edina Land Use, Platting and Zoning 850.04
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the
property to which the petition relates, and any of its existing
structures, easements, water bodies, watercourses and
floodplains;
b. all existing structures, rights-of-way widths and traveled
widths of all streets and alleys located within 100 feet of the
perimeter of the property;
c. the general location, general exterior dimensions and height
of all proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in
residential buildings;
d. the location, arrangement and number of automobile
parking stalls;
e. a traffic impact analysis, and travel demand management
plan for projects proposed for rezoning to MDD-5 District or
MDD-6 District (the analysis and plan shall be separate
documents delivered with the Preliminary Development Plan);
and
f. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition,to determine consistency with
the Comprehensive Plan, and to ensure compliance with the
requirements of this Section and other applicable provisions of
this Code.
2. Commission Review of Preliminary Development Plan. Within 45
days after receipt by the Planner of the petition, fee and all other
required information,in form and substance acceptable to the Planner,
the Planner will review the petition, Preliminary Development Plan
and the other information provided by the petitioner, and forward a
report to the Commission. The Commission shall review the report
of the Planner and send its recommendation to the Council.
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a
public hearing regarding the petition and Preliminary Development
Plan. The hearing shall be held not later than 60 days after the date
of the recommendation by the Commission. A notice of the date,
time, place and purpose of the hearing shall be published in the
850 - 22
City of Edina Land Use, Platting and Zoning 850.04
official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days
before the date of the hearing to each owner of property situated
wholly or partly within 500 feet of the tract to which the petition
relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the
Assessor. After hearing the oral or written views of all interested
persons, the Council shall make its decision at the same meeting or at
a specified future date. No new notice need be given for hearings
which are continued by the Council to a specified future date. An
affirmative vote of four-fifths of all members of the Council shall be
required to grant preliminary approval. If preliminary rezoning
approval is granted, the petitioner may prepare an Overall
Development Plan for final rezoning approval. In granting
preliminary rezoning approval, the Council may make modifications
to the Preliminary Development Plan and may impose conditions on
its approval. The petitioner shall include such modifications, and
comply with such conditions, in the Overall Development Plan, or at
such other time and by such other documents, as the Council may
require or as shall be appropriate.
4. Overall Development Plan. Multiple phase developments shall be
subject to Overall Development Plan review and action and also to
Final Site Plan review and action in separate proceedings as provided.
Single phase developments shall be subject to Overall Development
Plan and Final Site Plan review and action in one proceeding. All
information required in Overall Development Plan review and action
and for Final Site Plan review and action shall be included and
provided with action for Overall Development Plan review. The
Overall Development Plan shall include all required information and
data delineated on the Preliminary Development Plan and,in addition,
the following data and information:
a. a site plan illustrating the approximate location and
maximum height of all existing and proposed structures on the
tract;
b. the schematic design features of all proposed streets,
driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, maneuvering areas
and sidewalks;
c. a landscape concept plan;
850 - 23
City of Edina Land Use, Platting and Zoning 850.04
d. a general overall grading plan indicating grades and the
direction and destination of surface drainage;
e. location of all existing, and the schematic design of all
proposed, watermains, sanitary sewers, drainage facilities and
storm sewers;
f. a phasing plan identifying the public and private elements
and components of each phase and approximate timing of each
phase; and
g. any other information necessary, in the opinion of the
Planner, to evaluate the plan, determine consistency with the
Comprehensive Plan and to ensure compliance with the
requirements of this Section and other applicable provisions
of this Code.
5. Commission Review of Overall Development Plan. Within 45 days
after submission of the Overall Development Plan in form and
substance acceptable to the Planner, the Commission shall review the
Overall Development Plan and shall recommend approval by the
Council upon finding that the proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as
approved and modified by the Council and containing the
conditions imposed by the Council to the extent such
conditions can be complied with by the Overall Development
Plan;
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other
applicable provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural
features.
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City of Edina Land Use, Platting and Zoning 850.04
The Commission's recommendation of approval shall be deemed to
include a favorable finding on each of the foregoing matters even if
not specifically set out in the approval resolution or the minutes of
the Commission meeting.
6. Council Hearing and Decision; Overall Rezoning. Within 60 days
after the recommendation on the Overall Development Plan by the
Commission, the Council shall conduct a public hearing on the Overall
Development Plan in the same manner and with the same notices as
required for preliminary rezoning approval. After hearing the oral and
written views of all interested persons, the Council may accept or
reject the findings of the Commission and thereby approve or
disapprove the Overall Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council.
Approval may be made subject to modifications and conditions which,
together with the Council's modifications and conditions at the time
of preliminary rezoning approval and not done and fulfilled by the
Overall Development Plan, must be fulfilled and met, to the
satisfaction of the Planner, before the final approval becomes
effective.
Approval of the Overall Development Plan shall also constitute final
rezoning of the tract included in the plans. The publication of the
amendment effecting the zoning change shall thereby be authorized,
but no final rezoning or publication shall be effective or done until
the modifications and conditions, if any, made by the Council have
been met and fulfilled to the satisfaction of the Planner.
7. Exceptions From Requirements. The Council may authorize
exceptions from otherwise applicable requirements in the proposed
district in connection with and at the same time as Final Site Plan
approval or Overall Rezoning approval.
8. Filing. The approved Overall Development Plan and approved
Final Site Plan shall be filed in the Planning Department.
9. Final Site Plan Approval. Multiple phase developments shall be
subject to Final Site Plan review and action by the Commission and
Council in the same manner as they review and act on the Overall
Development Plan, except that a three-fifths favorable vote of the
Council shall be required for approval. Single phase developments
shall include all information required for Final Site Plan approval at
the time of Overall Development Plan review. Overall Development
Plan approval shall also constitute Final Site Plan approval. Final Site
Plan approval shall include all required information and data
850 - 25
City of Edina Land Use, Platting and Zoning 850.04
delineated on the Overall Development Plan and, in addition, the
following data and information:
a. the exact location and elevation drawings of all existing and
proposed structures in the proposed phase including a
description of existing and proposed exterior building
materials;
b. a landscape plan and schedule in accordance with
Subsection 850.10;
c. the locations, dimensions and design features of all
proposed streets, driveways, vehicular entrances and exits,
driveway intersections with streets, parking areas, loading
areas, maneuvering areas and sidewalks, together with
dimensions and locations of all existing and proposed public
and private easements;
d. location of all existing, and preliminary layout and design
of all proposed,watermains, sanitary sewers,drainage facilities
and storm sewers, together with dimensions and locations of
all existing and proposed public and private easements;
e. any other information necessary, in the opinion of the
Planner, to evaluate the plans and ensure compliance with
requirements of this Section and other applicable sections of
this Code; and
f. demonstrate that the Final Site Plan shall be consistent with
the Overall Development Plan as approved and modified by the
Council and containing the conditions imposed by the Council
to the extent such conditions can be complied with by the
Final Site Plans.
10. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this
Code. Applications for building permits shall be reviewed by the
Planner prior to issuance of such permits to determine if they conform
to the provisions of this Section, the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and other
applicable sections of this Code.
850 - 26
City of Edina Land Use, Platting and Zoning 850.04
11. Changes to Approved Overall Development Plan and Final Site
Plan. Minor changes in the location and placement of buildings or
other improvements due to unforeseen circumstances may be
authorized by the Planner. Proposed changes to the approved Overall
Development Plan or Final Site Plan affecting structural types,
building location, building coverage, mass intensity or height,
allocation of open space and all other changes which affect the overall
design of the property shall be acted on, reviewed and processed by
the Commission and Council in the same manner as they reviewed
and processed the Final Site Plan.
E. Procedure for Rezoning to Single Dwelling Unit District, Double Dwelling
Unit District and Automobile Parking District.
1. Commission Review. Within 45 days after receipt by the Planner
of the petition, in form and substance acceptable to the Planner, and
required fee, the Planner will review the petition and forward a report
to the Commission. The Commission shall review the report of the
Planner and send its recommendation to the Council.
2. Council Hearing and Decision; Preliminary Rezoning Approval.
Upon request of the Planner, Manager or petitioner, and after review
and recommendation by the Commission, the Council shall conduct a
public hearing regarding the petition. The hearing shall be held not
later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the
hearing shall be published in the official newspaper of the City at
least ten days prior to the date of the hearing. A similar notice of
hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within
500 feet of the tract to which the petition relates, insofar as the
names and addresses of such owners can reasonably be determined by
the Clerk from records maintained by the Assessor. 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 date.
No new notice need be given for hearings which are continued to a
specified future date. An affirmative vote of four-fifths of all members
of the Council shall be required to grant preliminary rezoning
approval. In granting preliminary rezoning approval, the Council may
make modifications to, and impose conditions on, the proposed
rezoning.
3. Final Rezoning Approval. Upon request of the Planner, Manager
or petitioner, after preliminary rezoning approval has been granted
and after the modifications and conditions made and imposed by the
850 - 27
City of Edina Land Use, Platting and Zoning 850.04
Council have been met and fulfilled to the satisfaction of the Planner,
the Council shall place the petition on its agenda and shall consider
final rezoning approval. Affirmative vote of four-fifths of all members
of the Council shall be required to grant final rezoning approval.
Final rezoning approval shall include authorization to publish the
amendment effecting the zoning change. Approval may be made
subject to modifications and conditions which must be fulfilled and
met, to the satisfaction of the Planner, before the final approval
becomes effective and before the amendment is published.
F. One Year Limitation on Preliminary Rezoning Approval. Any petition
which has not been granted final rezoning approval by the Council within one
year after the date it received preliminary approval, shall be deemed rejected
by the Council and the petition must again be filed, processed and approved
pursuant to this Section as if it were a new petition.
G. Restriction on Rezoning After Denial of Petition. After the Council has
denied a petition for rezoning, the owner of the tract to which the petition
related may not file a new petition for a period of one year following the date
of such denial for transferring the same tract, or any part, to the same district
or subdistrict (if the district has been divided into subdistricts) to which such
transfer was previously denied. Provided, however, that such petition may
be filed if so directed by the Council on a three-fifths favorable vote of all
members of the Council after presentation to the Council of evidence of a
change of facts or circumstances affecting the tract.
H. Lapse of Rezoning by Non-User. If a building permit (if one is required)
has not been obtained, and if the erection or alteration of a building, as
described in the petition, has not begun, within two years after final rezoning
approval of the tract by the Council, then the Commission, at any time and
until the building permit is obtained and the erection or alteration begun,
may review the zoning classification of the tract to determine if it continues
to conform with the Comprehensive Plan. Based upon the review, the
Commission may recommend to the Council that the final rezoning approval
of the tract as previously granted be rescinded and become null and void, or
that the tract be transferred to a different zoning district. The recom-
mendation of the Commission shall be presented to the,Council for hearing
and decision, and notice shall be given in the same manner as is then required
for an original petition for rezoning as provided by this Section. The Council
may accept or reject the recommendation of the Commission and rescind the
previously granted final rezoning approval, transfer the tract to a different
zoning district, or reaffirm the final rezoning approval previously granted.
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City of Edina Land Use, Platting and Zoning 850.04
Subd. 3 Transfer to Planned Districts.
A. Improved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984,
was improved with a building or buildings, shall not be required to comply
with the provisions of Subsection 850.04 relative to a transfer of that lot to
the planned district; provided that:
1. No new buildings shall be constructed on the lot which result in
an increase in gross floor area of all buildings on the lot by more than
ten percent;
2. No building existing on the lot as of March 7, 1984, shall be
added to or enlarged in gross floor area by more than ten percent;
3. No dwelling units shall be added; and
4. No such existing building, if damaged or destroyed by fire, wind,
earthquake, explosion or other casualty, shall be restored or repaired
if the cost of restoration or repair exceeds one-half of the fair market
value of the entire building on the date immediately prior to the date
of such casualty (as such cost and fair market value are determined
by the Assessor, or other person selected by the Manager);
unless, in each case of 1., 2., 3., and 4. above, the then owner or owners of
the lot shall comply with and complete the process for Final Development
Plan approval established by Subparagraphs 4 through 10 of paragraph C. of
Subd. 2 of this Subsection 850.04 and shall conform to and comply with all
other provisions of this Section; provided that only three-fifths favorable vote
of the Council shall be required to grant Final Development Plan approval.
The requirements of this paragraph are in addition to those in Subd. 20 of
Subsection 850.07 relating to non-conforming uses, buildings and lots.
B. Unimproved Lots. Any lot transferred by this Section to a planned district,
including,without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984,
was not improved with a building or buildings shall be required,
notwithstanding the transfer to such district by this Section, in connection
with any improvement of the lot, to comply with and complete the process
for Final Development Plan approval established by subparagraphs 4 through
10 of paragraph C. of Subd. 2 of this Subsection 850.04, and shall conform
to and comply with all other provisions of this Section, provided that only
850 - 29
City of Edina Land Use, Platting and Zoning 850.04
three-fifths favorable vote of the Council shall be required to grant Final
Development Plan approval.
Subd. 4 Conditional Use Permits.
A. Initiation of Conditional Use Permit.
1. An application for a conditional use permit may be initiated by the
owner or owners of the lot or building in question.
2. The application shall be on forms provided by the Planner and
shall be submitted with required plans, data and information, and
such other information as, in the opinion of the Planner, is necessary
for evaluation of the application. The application shall be
accompanied by the fee set forth in Section 185 of this Code.
B. Sign. All provisions and requirements in this Subsection relating to
erection of a sign in connection with a rezoning of property shall apply to the
applicant for a conditional use permit, and the applicant shall comply with all
such provisions and requirements, except that the sign shall state that a
conditional use permit is proposed for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or
accessory use that requires the construction of a new building or
accessory use facilities, or additions or enlargements to an existing
building or accessory use facilities, the application shall be drawn to
a scale acceptable to the Planner, and be accompanied by plans
containing the following data and information:
a. elevation drawings of all new buildings or accessory use
facilities, or additions and enlargements to existing buildings
or accessory use facilities, including a description of existing
and proposed exterior building materials;
b. the location, dimensions and other pertinent information as
to all proposed and existing buildings, structures and other
improvements,streets,alleys,driveways,parking areas,loading
areas and sidewalks;
C. a landscape plan and schedule in accordance with
Subsection 850.10;
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City of Edina band Use, Platting and Zoning 850.04
d. a floor plan showing the location, arrangement and floor
area of existing and proposed uses; and
e. any other information required, in the opinion of the
Planner, to evaluate the application, to determine consistency
with the Comprehensive Plan, and to ensure compliance with
the requirements contained in this Section and other applicable
provisions of this Code.
2. If the conditional use permit is requested to allow a principal or
accessory use that does not require construction of a new building or
accessory use facilities, or additions or enlargements to an existing
building or accessory use facilities, the application shall be
accompanied by plans showing:
a. the location, arrangement and floor area of existing and
proposed uses;
b. the location, dimensions and other pertinent information as
to all buildings, structures, streets, alleys, driveways, parking
areas, loading areas, sidewalks and landscaping; and
c. any other information required, in the opinion of the
Planner, to evaluate the application, determine consistency,
with the Comprehensive Plan, and ensure compliance with the
requirements contained in this Section and other applicable
provisions of this Code.
D. Commission Review and Recommendation. Within 45 days after receipt
by the Planner of the application, fee and all other information required, in
form and substance acceptable to the Planner, the Planner shall review the
application and other information provided by the applicant and forward a
report to the Commission. The Commission shall review the report of the
Planner and send its recommendation to the Council.
E. City Council Hearing and Decision. Upon request of the Planner, Manager
or applicant, and after review and recommendation by the Commission, the
Council shall conduct a public hearing regarding the application. The hearing
shall be held not later than 60 days after the date of the recommendation by
the Commission. A notice of the date, time, place and purpose of the hearing
shall be published in the official newspaper of the City at least ten days prior
to the date of the hearing. A similar notice of hearing shall be mailed at least
ten days before the date of the hearing to each owner of property situated
wholly or partly within 500 feet of the tract to which the application relates
insofar as the names and addresses of such owners can reasonably be
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City of Edina Land Use, Platting and Zoning 850.04
determined by the Clerk from records maintained by the Assessor. 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 date. No new
notice need be given for hearings which are continued to a specified future
date. The Council shall not grant a conditional use permit unless it finds that
the establishment, maintenance and operation of the use:
1. Will promote and enhance the general public welfare and will not
be detrimental to or endanger the public health, safety, morals and
general welfare;
2. Will not cause undue traffic hazards, congestion or parking
shortages;
3. Will not be injurious to the use and enjoyment, or decrease the
value, of other property in the vicinity, and will not be a nuisance;
4. Will not impede the normal and orderly development and
improvement of other property in the vicinity;
S. Will not create an excessive burden on parks, streets and other
public facilities;
6. Conforms to the applicable restrictions and special conditions of
the district in which it is located as imposed by this Section; and
7. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of
all members of the Council. A favorable vote by the Council shall be deemed
to include a favorable finding on each of the foregoing matters even if not
specifically set out in the approval resolution or the minutes of the Council
meeting.
F. Conditions and Restrictions. The Commission may recommend that the
Council impose, and the Council with or without such recommendation may
impose, conditions and restrictions upon the establishment, location,
construction, maintenance, operation or duration of the use as deemed
necessary for the protection of the public interest and adjacent properties, to
ensure compliance with the requirements of this Section and other applicable
provisions of this Code, and to ensure consistency with the Comprehensive
Plan. The Council may require such evidence and guarantees as it may deem
necessary to secure compliance with any conditions imposed. No use shall be
established or maintained, and no building or other permit for establishing or
maintaining such use shall be granted, until the applicant has met and
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City of Edina Land Use, Platting and Zoning 850.04
fulfilled all conditions imposed by the Council to the satisfaction of the
Planner.
G. Expansions of Conditional Uses. No use allowed by conditional use
permit, or any building or structure accessory thereto, shall be increased in
gross floor area or height, nor shall any off-street parking facilities accessory
to the building or structure be enlarged in surface area to accommodate
additional automobiles,without first obtaining,in each instance,a conditional
use permit.
H. Restriction on Resubmission After Denial. No application for a
conditional use permit which has been denied by the Council shall be
resubmitted for a period of one year following the date of the denial by the
Council. Provided, however, that the application may be resubmitted if so
directed by the Council on a three-fifths favorable vote of all members of the
Council after presentation to the Council of evidence of a change of facts or
circumstances affecting the proposed use or tract on which it is to be located.
I. Lapse of Conditional Use Permit by Non-User, Extension of Time.
1. If no use allowed by the conditional use permit has begun within
two years from the granting of the conditional use permit, the
conditional use permit shall become null and void unless a petition for
extension of time has been granted.
2. A petition for extension shall be in writing and filed with the Clerk
within two years from the granting of the conditional use permit.
The petition for extension shall state facts showing a good faith
attempt to use the conditional use permit and shall state the
additional time requested to begin the use. The petition shall be
presented to the Council for hearing and decision in the same manner
as then required for an original application. The Council may grant
an extension of the conditional use permit for up to one year upon
finding that:
a. a good faith attempt to use the conditional use permit has
been made,
b. there is a reasonable expectation that the conditional use
permit will be used during the extension, and
c. the facts which were the basis for the findings under which
the original conditional use permit was granted have not
materially changed. No more than one extension shall be
granted. For purposes of this paragraph, a use shall be deemed
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City of Edina Land Use, Platting and Zoning 850.04
begun when all work described in the original application, or
information provided, has been completed and has received
final City approvals and the use is operating for the purposes
described in the original application.
J. Filing of Conditional Use Permit. If a conditional use permit is granted,
the applicant, at the applicant's expense, shall duly file or record the permit
in the proper office to give constructive notice of it. A verified copy of the
permit, with the recording data on it, shall be delivered to the Planner. The
Council may require that the permit be so recorded or filed, and the verified
copy delivered to the Planner, before the permit shall become effective.
Subd. 5 Temporary Conditional Use Permits.
A. Purpose. The purpose of temporary conditional use permits is to allow
disabled residents of dwelling units to conduct and operate permitted
customary home occupations in their residence by means of such variances
from the conditions otherwise imposed by this Section on such occupation as
the Council deems necessary and appropriate to allow such persons to
properly conduct and operate such occupation from their residence. The
Council hereby finds and determines that it is in the best interests of the City
and its citizens to provide a process and means by which disabled persons can
carry on home occupations from their residence and thereby become or
remain productive and gainfully employed, and that the granting of
conditional use permits pursuant to this Subdivision will promote the public
health, safety, morals and general welfare of the City, and its citizens.
However, disabled residents who do not need variances from conditions
imposed by this Section on customary home occupations need not, and are
not required to, obtain a conditional use permit pursuant to this Subdivision.
B. Conditional Use Provisions Apply. All the provisions of paragraphs D. and
H. of Subd. 4 of this Subsection 850.04 relative to the issuance of conditional
use permits shall apply to temporary conditional use permits issued pursuant
to this Subdivision, except as specifically changed by this Subdivision.
C. Application and Notice.
1. An application for a temporary conditional use permit may be
initiated by the occupant of the residence from which the home
occupation is to be conducted, whether such occupant is an owner or
a lessee of the residence. The application shall be accompanied by the
fee set forth in Section 185 of this Code.
2. The application for a temporary.conditional use permit shall also
be accompanied by the following additional information:
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City of Edina Land Use, Platting and Zoning 850.04
a. a letter (which shall be dated not earlier than 30 days prior
to the date of the application) from the applicant's attending
physician (who shall be duly licensed to practice medicine in
Minnesota) certifying that the applicant is physically unable to
be employed full-time outside of the applicant's residence;
b. the specific home occupation proposed by the applicant,
including the expected number of weekly automobile trips to
the dwelling unit by individuals other than the residents of the
home expected to be generated by the home occupation, the
number of hours per day and the number of days per week the
home occupation will operate;
c. any proposed interior or exterior alterations to the dwelling
unit necessary due to the proposed home occupation; and
d. any other information required, in the opinion of the
Planner, to evaluate the application, to determine consistency
with the Comprehensive Plan, and ensure compliance with the
requirements contained in this Section and other applicable
provisions of this Code.
3. The erection of a sign shall not be required in connection with the
application for a temporary conditional use permit.
4. Notice of hearing before the Council shall be published and mailed
as provided in paragraph E. of Subd. 4 of this Subsection 850.04
except that mailed notice shall be given only to owners of property
situated wholly or partly within 350 feet of the property to which the
application relates.
D. Conditions and Findings.
1. In order to grant a temporary conditional use permit, the Council
must make the same findings as set forth in paragraph E. of Subd.4
of this Subsection 850.04.
2. In order to grant a temporary conditional use permit, the Council
must also find that the proposed home occupation complies with the
conditions of paragraph A. of Subd. 4 of Subsection 850.07, provided,
however, that:
a. the Council may grant a variance of any condition in
paragraph A. of Subd. 4 of Subsection 850.07, if deemed
necessary by the Council to permit the applicant to properly
850 - 35
City of Edina Land Use, Platting and Zoning 850.04
operate and conduct the proposed home occupation and if the
Council finds that such use will not negate or violate any of
the findings to be made pursuant to paragraph E. of Subd. 4 of
this Subsection 850.04; and
b. the maximum number of automobile trips to the dwelling
unit of the applicant by individuals other than its residents
generated as a result of such home occupation may be
increased by the Council from ten per week to a maximum of
twenty per week in connection with the granting of the permit.
3. Any permit granted pursuant to this Subdivision 850.04 shall
remain in effect, if not earlier terminated under other provisions of
this Section, only so long as the following conditions are observed and
complied with:
a. that the applicant occupy the dwelling unit described in the
permit, and then only so long as such applicant is physically
unable to be employed full time outside of the applicant's
residence;
b. that the findings made by the Council as set forth in
paragraph E. of Subd. 4 of this Subsection 850.04 continue
without change or violation; and
c. that the conditions of paragraph A. of Subd. 4 of Subsection
850.07, as varied by variances granted by the Council, are not
violated.
E. Duration and Review of Permits.
1. Each permit issued pursuant to this Subdivision shall remain in
effect only so long as the conditions set out in subparagraph 3. of
paragraph D. of this Subd. 5 are observed and not violated.
2. The Council shall review each permit issued pursuant to this
Subd. 5 on the first anniversary of the effective date of the permit and
on each second anniversary (i.e., every other year) of the effective
date of the permit to determine if any of the conditions are not being
observed, or are being violated. Such review shall be made at a
public hearing, notice of which shall be published and mailed in the
same manner as notice would then be given under this Section for a
then new conditional use permit. All persons may be heard, and the
Council shall receive such evidence and information as it deems
necessary or desirable, orally and in writing, at the hearing and
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City of Edina Land Use, Platting and Zoning 850.04
continuations of the hearing. If, at the hearing, or a continuation
thereof, the Council concludes, by resolution, that one or more of the
conditions set out in Subparagraph 3. of paragraph D. of this
Subdivision are not being observed or are being violated, then the
Council may direct the Manager to institute proceedings to revoke the
permit as provided in Subd. 9 of this Subsection 850.04. The
foregoing provisions shall not prevent the City from exercising any
remedies for violations of any conditions applicable to any conditional
use permit whenever they occur.
F. All Districts. Customary home occupations conducted pursuant to
temporary conditional use permits issued under this Subd. 5 shall be allowed
as a conditional use in all districts in which dwelling units are allowed.
Subd. 6 Fees and Charges.
A. Petitions and Applications. Each petition or application filed with or
submitted to the City pursuant to this Section shall not be deemed filed or
submitted, and the City shall have no duty to process it, to act on it or
respond to it, unless and until there is paid to the City the applicable fee for
such petition or application, as then required by Section 185 of this Code.
This paragraph shall not apply to petitions or applications filed or submitted
by the Council, the Commission or any City official in its official capacity.
B. Administrative Expenses and Attorneys' Fees. Each petitioner and
applicant, by filing or submitting a petition or application, shall have agreed
to pay all administrative expenses and attorneys' fees, with interest and costs
as provided, incurred by the City in connection with or as a result of
reviewing and acting on such petition or application. If more than one person
signs a petition or application, all such signers shall be jointly and severally
liable for such expenses and fees, with interest and costs as provided. The
expenses and fees to be paid to the City pursuant to this paragraph shall be
payable upon demand made by the City, and if not paid within five days after
such demand, shall bear interest from the date of demand until paid at a rate
equal to the lesser of the highest interest rate allowed by law or two
percentage points in excess of the reference rate. The petitioners and
applicants shall also pay all costs, including attorneys' fees, incurred by the
City in collecting the expenses, fees and interest,with interest on the costs of
collection from the dates incurred until paid, at the same interest rate as is
payable on the expenses and fees. For purposes of this paragraph, reference
rate shall mean the rate publicly announced from time to time by First Edina
National Bank, or any successor, as its reference rate, and if the bank, or its
successor, ceases publicly announcing its reference rate, reference rate shall
mean the interest rate charged from time to time by the bank on 90-day
unsecured business loans to its most credit-worthy customers.
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City of Edina Land Use, Platting and Zoning 850.04
Subd. 7 Mailed Notice. Whenever this Section requires or permits mailed notice
to property owners, the failure to give mailed notice, or defects in the notice, shall
not invalidate the proceedings, provided a good faith attempt to comply with the
applicable notice requirements was made. Any appropriate records may be used by
the person responsible for mailing the notice to determine names and addresses of
owners.
Subd. 8 Evidence of Ownership. If, in connection with any petition or
application, the Planner requests evidence of ownership of the property to which the
petition or application relates, the petitioner or applicant shall obtain, at the
petitioner's or applicant's expense, and deliver to the Planner, a title opinion from
an attorney acceptable to the Planner, or other evidence of such ownership
acceptable to the Planner, in each case addressed to the City. Also, if so requested
by the Planner, the petitioner or applicant shall obtain a written consent to the
petition or application by all owners of such property as shown by the title opinion
or other evidence of ownership and, if the request is made, the City shall have no
duty to process, or to act on or respond to, such petition or application until such
consents are delivered to the Planner.
Subd. 9 Violation, Penalty, Remedies.
A. Misdemeanor. Any owner or lessee of an entire'building or property in
or upon which a violation has been committed or shall exist, or any owner
or lessee of that part of the building or property in or upon which a violation
has been committed or shall exist, shall be guilty of a misdemeanor and
subject to the penalties and remedies provided in Subsection 100.09 of this
Code.
B. Civil Penalty. Any such person who, after being served with an order to
remove any such violation, shall fail to comply with the order within ten days
after being served, or shall continue to violate any provision of the
regulations made under authority of this Section in the respect named in such
order, shall also be subject to a civil penalty of not to exceed $500.
C. Violation of Conditions in Conditional Use Permits. If any person violates
any condition or restriction imposed by the Council in connection with the
grant or issuance of a conditional use permit, the City, in addition to other
remedies available to it as provided in this Subdivision, may revoke the
permit and all rights attributable to such permit. Revocation shall be done
in the following manner:
1. The Manager or Planner shall notify the owner and occupant of
the property to which such permit exists insofar as the names and
addresses of such owner and occupant can reasonably be determined
by the Clerk from records maintained by the Assessor, of the violation
850 - 38
City of Edina Land Use, Platting and Zoning 850.05
and request removal within a stated period, but not less than five
days.
2. If the violation is not removed within the stated period, the
Manager or Planner shall submit a report on the matter to the Council
and request a hearing.
3. The Council, upon receipt of the report, shall set a hearing date,
and notice shall be given to the owner and occupant at least ten days
prior to the hearing.
4. After receiving the oral and written views of all interested persons,
the Council shall make its decision at the same meeting or at a
specified future date.
5. If the hearing is continued to a specified future date, no new
notice need be given. If such permit is revoked by the Council, all
use, activity and rights allowed by and attributable to such permit
shall immediately cease.
850.05 Districts. For the purposes of this Section, the City shall be divided into the
following zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District (PRD and PSR)
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
850 - 39
City of Edina Land Use, Platting and Zoning 850.07
850.06 District Boundaries. The boundaries of all such districts except the Floodplain
Overlay District, shall be as shown in the official Zoning Map entitled "Official Zoning
Map", a composite copy of, which reduced in size, is appended to this Code. The Official
Zoning Map, with all explanatory information, is adopted by reference and declared to be
a part of this Code. The boundaries shown on the Official Zoning Map may be changed
by amendment to this Section. The Official Zoning Map shall be on file in the office of the
Planning Department and shall be open to public inspection during normal business hours
of the City. The boundaries of the Floodplain Overlay District shall be as shown on the
Official Floodplain Zoning Map described and identified in Subsection 850.21, as such map
is to be interpreted and used as provided in Subsection 850.21.
850.07 General Requirements Applicable to all Districts Except as Otherwise Stated.
Subd. 1 General. No building or structure shall be erected, constructed or placed
on any property in the City, and no building or structure or property in the City
shall be used for any purpose, unless in full compliance with the restrictions and
requirements of this Section and other applicable provisions of this Code.
Subd. 2 Storage of Refuse.
A. All Properties Except Single Dwelling Unit and Double Dwelling Unit
Buildings. All refuse, as defined in Section 705 of this Code, or similar
material shall be kept within closed containers designed for such purpose.
The containers shall not be located in the front yard and shall be completely
screened from view from all lot lines and streets.
B. All Non-Residential Properties Within the 50th and France Commercial
District. No non-residential building within the 50th and France Planned
Commercial District shall be (i) added to or enlarged in any manner, or (ii)
subjected to an alteration whereby the use of any portion of a building is
converted to a restaurant without first providing sufficient areas for the
storage of refuse and servicing of refuse containers. Areas for the storage of
refuse and servicing of refuse containers which existed as of the effective date
of this Code shall not be eliminated or reduced in size.
C. Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as
defined in Section 705 of this Code, or similar materials shall be kept within
closed containers designed for such purpose. Such containers shall not be
located in the front yard and shall not be visable from the front lot line
except as allowed by Section 705 of this Code.
Subd. 3 Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings,
Trailers and Recreational Vehicles. No accessory building, temporary building,
trailer or recreational vehicle in any district shall be used in whole or in part for a
dwelling unit or units, except for accessory buildings which are specifically allowed
850 - 40
City of Edina Land Use, Platting and Zoning 850.07
for residential use by this Section.
Subd. 4 Customary Home Occupations as an Accessory Use.
A. Customary home occupations which are permitted as an accessory use by
this Section shall comply with the following conditions:
1. Only the residents of the dwelling unit shall be employed on the
lot or within the dwelling unit.
2. No exterior structural modifications shall be made to change the
residential character and appearance of the lot or any buildings or
structures on the lot.
3. No loading, unloading, outdoor storage of equipment or materials,
or other outdoor activities, except parking of automobiles shall occur.
4. No signs of any kind shall be used to identify the use.
S. All parking demands generated by the use shall be accommodated
within the accessory garage and the normal driveway area and shall
not at any one time occupy more than two parking spaces in parking
areas required for multiple residential buildings.
6. No more than ten automobile trips weekly by individuals other
than the residents of the dwelling unit shall be generated to the
dwelling unit as a result of the use.
7. No sale of products or merchandise shall occur on the lot or within
any structures or buildings on the lot.
B. Permitted customary home occupations include the following and similar
occupations if, and only during such times as, they comply with all of the
conditions of paragraph A. of this Subd. 4:
1. Dressmakers, tailors and seamstresses.
2. In single dwelling unit and double dwelling unit buildings only,
music and dance teachers providing instruction to not more than five
individuals at a time.
3. Artists, sculptors and authors.
4. Insurance agents, brokers, architects and similar professionals who
typically conduct client meetings outside of the dwelling unit.
850 - 41
City of Edina Land Use, Platting and Zoning 850.07
S. Ministers, rabbis and priests.
6. Photographers providing service to one customer at a time.
7. Salespersons, provided that no stock in trade is maintained on the
lot or in the building or structure on the lot.
8. In single dwelling unit and double dwelling unit buildings only,
rental of rooms for residential occupancy to not more than two
persons per dwelling unit in addition to the permanent residents of
the dwelling unit.
C. The following uses have a tendency to increase in size or intensity beyond
the conditions imposed by this Subd. 4 for home occupations and thereby
adversely affect residential properties. Therefore, the following shall
specifically not be permitted as customary home occupations:
1. Barber shops and beauty parlors.
2. Repair services of all kinds, including, without limitation, auto
repair and painting, appliance repair and small engine repair.
3. Music, dance or exercise instruction which provides instruction to
groups of more than five individuals at a time.
4. Medical and dental offices.
5. Upholstering.
6. Mortuaries.
7. Kennels.
8. Tourist homes, boarding houses or rooming houses, and other
kinds of transient occupancies.
9. Commercial food preparation or catering.
10. Automobile and equipment sales.
11. Landscaping and lawn maintenance service where landscaping
materials and equipment are stored or parked on the premises.
D. Permitted customary home occupations by residents who are physically
unable to be employed full time outside their residence may be allowed as a
850 - 42
City of Edina Land Use, Platting and Zoning 850.07
temporary conditional use, with variances from the conditions of
paragraph A. of Subd. 4 of this Subsection 850.07, pursuant to the provisions
of Subd. 5 of Subsection 850.04.
Subd. 5 Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District
and R-2 District shall conform to the following:
A. Fences exceeding four feet in height shall not be erected within a required
front street setback or side street setback, pursuant to the provisions of
paragraph 2. of Subd. 7 of Subsection 850.11.
B. No fence shall exceed eight feet in height.
C. Fences shall be installed with the finished side facing neighboring
properties.
D. No fence shall be installed so as to obstruct a required clear view at street
intersections as required by Section 1405 of this Code.
Subd. 6 Exceptions to Setback Requirements. The following shall not be
considered as encroachments into required setbacks:
A. Overhanging eaves not supported by posts or pillars, and bay windows not
extending to the floor, which do not project more than three feet into the
required setback and which are not within three feet of a lot line.
B. Sidewalks and driveways, but not patios.
C. Fences which do not exceed the height limitations imposed by this
Subsection 850.07.
D. Awnings and canopies attached to the principal building and not
supported by posts or pillars, which do not project more than three feet into
the required setback and which are not within three feet of a lot line.
E. Flagpoles, light poles and fixtures.
F. Clotheslines and outdoor fireplaces in the rear yard only.
G. Bus shelters which have been approved by the Engineer.
H. Unenclosed steps or stoops not exceeding 50 square feet in area.
I. Fireplaces projecting not more than two feet into the required setback and
not exceeding ten square feet in horizontal area.
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City of Edina Land Use, Platting and Zoning 850.07
J. Underground storage tanks, conduits and utilities.
K. Portions of principal and accessory buildings or structures which are
located completely underground,which are not visible from the surface of the
ground and which do not encroach more than one-half of the distance into
that part of the required setback nearest the principal or accessory building.
L. Trees, shrubs and other vegetation.
M. Retaining walls.
N. Freestanding basketball posts, backboards and goals adjacent to a
driveway.
Subd. 7 Drainage. Surface water runoff shall be properly channeled into storm
sewers, watercourses, ponding areas or other public facilities. All provisions for
drainage, including storm sewers, sheet drainage and swales, shall be reviewed and
approved by the Engineer prior to construction or installation.
Subd. 8 Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building containing
three or more dwelling units shall not be issued unless the applicant's building
plans, including the site plan, are certified by an architect registered in the State.
The certification shall state that the design of the building and site has been
prepared under the direct supervision of the architect.
Subd. 9 Building Coverage Computations; Exclusions and Inclusions.
A. The following structures and improvements shall be excluded when
computing building coverage:
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
3. Accessory recreational facilities not enclosed by solid walls and not
covered by a roof, including outdoor swimming pools, tennis courts
and shuffleboard courts; but facilities which are constructed above
grade, such as paddle tennis courts, shall be included when computing
building coverage.
4. Unenclosed and uncovered steps and stoops less than 50 square
feet.
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City of Edina Land Use, Platting and Zoning 850.07
5. Overhanging eaves and roof projections not supported by posts or
pillars.
B. Building coverage computations, however, shall include all other principal
or accessory buildings, including, but not limited to:
1. Decks and patios subject to allowances provided by this Section.
2. Gazebos.
3. Balconies.
4. Breezeways.
5. Porches.
6. Accessory recreational facilities constructed above grade, such as
paddle tennis courts.
Subd. 10 Lighting. All exterior lighting and illuminating devices shall be provided
with lenses, reflectors or shades so as to concentrate illumination on the property
of the owner or operator of the lighting or illuminating devices. Rays of light or
illumination shall not pass beyond the property lines of the premises utilizing the
lights or illumination at an intensity greater than three footcandles measured at
property lines abutting property zoned residential and ten footcandles measured at
property lines abutting streets or property zoned non-residential. No light source,
lamp or luminaire shall be directed beyond the boundaries of the lighted or
illuminated premises.
Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of
frontage on at least one street other than alleys or limited access roadways to which
private access is prohibited. Private easements shall not be considered as frontage
for purposes of this Subdivision. Notwithstanding the requirements of this
subdivision, lots in a townhouse plat need not front on a street provided that the
townhouse plat of which the lot is a part has at least 30 feet of frontage on at least
one street.
Subd. 12 Certain Sales Prohibited.
A. Except as provided in Section 1310 of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B. No property used for residential purposes shall be used for garage sales,
estate sales or others sales of personal property for more than one period of
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City of Edina Land Use, Platting and Zoning 850.07
72 consecutive hours in any calendar year. The property offered for sale shall
consist only of items owned by the owner of the premises or by friends of
such owner. None of the items offered for sale shall have been purchased for
resale or received on consignment for purposes of resale.
Subd. 13 Platting Requirement. Any land proposed to be transferred from one
zoning district to another shall be platted into lots and blocks pursuant to and in
accordance with the requirements of Section 810 of this Code in connection with,
and at the time of the transfer. Any land which has been previously platted into
lots and blocks shall be likewise replatted to provide new lots and blocks which are
compatible in size, shape, location and arrangement with the property's intended
use.
Subd. 14 Drive-Through Facility Standards.
A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.
1. Financial institutions: 3 stacking spaces per bay
2. Car wash: 25 stacking spaces per bay
3. Accessory car wash: 2 stacking spaces per bay
4. All other uses: 4 stacking spaces per bay
B. Location of Stacking Space.
1. No stacking space shall encroach into any drive aisle necessary for
the circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required
by this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A.
of Subd. 14 above, if the drive-through bay is equipped with a facility
for placing an order which is separated from the location at which the
product or merchandise is received by the customer, not less than
three of the required stacking spaces shall be provided at the ordering
point.
C. Minimum Size of Stacking Space. The minimum size of each stacking
space shall be nine feet wide by 18 feet deep.
D. Accessory Canopies and Mechanical Equipment. All canopies and
equipment appurtenant to a drive-through facility shall provide the same
setbacks as are required for principal buildings.
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City of Edina Land Use, Platting and Zoning 850.07
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays.
Subd. 15 District Limits. For purposes of calculating the minimum site area,floor
area ratio, building coverage, setbacks and all other requirements of this Section,
a district or subdistrict shall be deemed not to extend beyond the right-of-way lines
of adjacent streets, alleys or highways which were dedicated, conveyed or acquired
prior to the transfer of land to that district or subdistrict. Districts which are
separated by public streets or highways shall be deemed to be separate and
independent districts and all requirements and restrictions contained in this Section
must be met separately and independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No
temporary or portable building or structure, including, without limitation,
any shed, tent or shelter, which is not permanently attached to the ground
shall be placed or stored within the required front street or side street
setback for the principal building and shall maintain an interior side yard and
rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and vacant
Double Dwelling Unit Lots. No temporary or portable building or structure,
including, without limitation, any shed, tent or shelter, which is not
permanently attached to the ground shall be placed or stored upon a lot
except as accessory to, and during the construction of, permanent buildings
or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished
products, motor vehicles, trailers and all equipment shall be stored within a
completely enclosed building except:
A. Materials and equipment used for the construction or repair of structures
may be stored outdoors on the construction site during construction.
B. Motor vehicles, recreational vehicles and other vehicles may be parked or
stored outdoors in accordance with the Section 1045 of this Code.
C. Outdoor storage or displays may take place on lots in the Planned
Commercial District in accordance with Subd. 11 of Subsection 850.16.
Subd. 18 Setbacks from Naturally Occurring Lakes, Ponds and Streams.
Notwithstanding any other requirements of this Section or other provisions of this
Code, in cases where a portion of a lot or tract is located below the ordinary high
water elevation of a naturally occurring lake, pond or stream, the shoreline created
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City of Edina Land Use, Platting and Zoning 850.07
by such an ordinary high water elevation shall be deemed to be the rear lot line or
side lot line, as the case may be, for setback purposes. All principal and accessory
structures shall maintain a minimum setback of 50 feet from the ordinary high
water elevation, except that all principal and accessory structures shall maintain a
minimum setback of 75 feet from the ordinary high water elevation of Indianhead
Lake, Arrowhead Lake, Mirror Lake and Lake Cornelia.
Subd. 19 Energy Collection System Setbacks. Facilities and equipment designed
for the collection of solar energy or wind energy shall maintain the same setbacks
as are required for principal buildings or structures and shall not be located within
the front yard.
Subd. 20 Non-Conforming Uses, Buildings and Lots.
A. Non-Conforming Uses. Any non-conforming use may continue, provided
that:
1. It shall not be expanded to occupy a larger portion of a building
or lot, or be extended to other buildings or lots;
2. It shall not be replaced with any other non-conforming use;
3. It shall not be resumed if it is discontinued for one year or longer;
and
4. If it is ever discontinued and replaced with a conforming use, no
non-conforming use thereafter shall be made of the building or lot.
B. Non-Conforming Buildings.
1. Alterations, Additions and Enlargements.
a. a non-conforming building, other than a single dwelling
unit building, shall not be added to or enlarged, in any
manner, or subjected to an alteration involving 50 percent or
more of the gross floor area of the building, or 50 percent or
more of the exterior wall area of the building, unless such
non-conforming building, including all additions, alterations
and enlargements, shall conform to all of the restrictions of the
district in which it is located. The percentage of the gross
floor area or exterior wall area subjected to an alteration shall
be the aggregate percentage for any consecutive three-year
period.
b. a non-conforming single dwelling unit building shall not be
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City of Edina Land Use, Platting and Zoning 850.07
added to or enlarged in any manner, or subjected to an
alteration to convert accessory buildings or portions thereof
into living area, unless all such additions, enlargements and
alterations shall conform to the setback and height restrictions
of the district in which it is located, and unless such
non-conforming single dwelling unit building, including all
such additions, enlargements and alterations shall conform to
the building coverage restriction of the district in which it is
located.
2. Repairs, Maintenance and Remodeling. Non-conforming buildings
may be repaired, maintained and internally remodeled to an extent
and in a manner which does not violate the provisions of the
preceding subparagraph 1.
3. Restoration. A non-conforming building, or a building all or
substantially all of which is used for a non-conforming use, which is
destroyed or damaged by fire, wind, earthquake, explosion or other
casualty, to the extent that the cost of restoration exceeds one-half of
the fair market value of the entire building on the date immediately
prior to the date of the casualty, shall not be restored unless the
building, and the use, shall conform to all of the restrictions of the
district in which it is located. If the cost of restoration is less than
one-half of the fair market value of the entire building on the date
immediately prior to the date of the casualty, then the building may
be restored without so conforming; but if such restoration is not
begun within two years from the date of the casualty or is not
diligently prosecuted to completion, then the building shall not be
restored unless the building, and the use, conforms to all of the
restrictions of the district in which it is located. The Assessor, or
other person selected by the Manager, shall determine such cost of
restoration and such fair market value.
C. Non-Conforming Lots. A non-conforming lot in the R-1 District used or
intended for a single dwelling unit building shall be exempt from the width,
depth, area and lot width to perimeter ratio requirements of this Section,
provided, that the lot:
1. Is not less than 50 feet in width;
2. Is not less than 100 feet in depth;
3. Has at least 30 feet frontage on a street; and
4. Has not been at any time since October 22, 1951, been held in
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City of Edina Land Use, Platting and Zoning 850.07
common ownership with all or part of an adjoining or abutting lot or
parcel which, together, complied with the minimum width, depth and
area and lot width to perimeter ratio requirements imposed by this
Section. If such lot and adjoining or abutting lot or parcel has been
held in such common ownership, then the property so held in
common ownership shall be subject to the following:
a. if a non-conforming lot or parcel is, or at any time since
October 22, 1951, has been, held in common ownership with
all or part of an adjoining or abutting parcel or lot which
together comply with, or come close to complying with, the
minimum width, depth, area, and lot width to perimeter ratio,
requirements of this Section, then such non-conforming lot or
parcel and such adjoining or abutting parcel or lot shall be
considered as one lot and shall not be decreased in size below
such minimum requirements. If in a group of two or more
adjoining or abutting lots or parcels owned or controlled by
the same person, any single lot or parcel does not meet the full
minimum depth, width, area or lot width to perimeter ratio
requirements of this Section, such single lot or parcel shall not
be considered as a separate lot or parcel able to be conveyed
and developed under this Code.
Subd. 21 Relocation of Buildings and Structures. No building or structure shall
be moved, in whole or in part, into or within the City, unless every portion of such
building and structure, and its use, conforms to all of the restrictions of the district
in which it is to be located. The moving or relocation of a building or structure
shall be undertaken and done only in accordance with applicable provisions of
Section 410 of this Code and State Law.
Subd. 22 Signs. Signs erected in accordance with Section 460 of this Code shall
be a permitted accessory use in all districts.
Subd. 23 Utility Buildings and Structures.
A. Utility Buildings and Structures Owned by the City. Utility buildings and
structures owned by the City and used for rendering service to all or any part
of the City (but excluding warehouses, maintenance buildings and storage
yards) shall be a permitted principal or accessory use in all districts.
B. Other Utility Buildings and Structures. Utility buildings and structures
owned by private utility companies or governmental units other than the
City, and used for rendering service to all or any part of the City (but
excluding warehouses, maintenance buildings and storage yards) shall be a
conditional use in all districts and shall only be constructed pursuant to a
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City of Edina Land Use, Platting and Zoning 850.08
conditional use permit granted in accordance with Subd. 4 of Subsection
850.04.
850.08 Parking and Circulation.
Subd. 1 Minimum Number of Spaces Required.
A. Single Dwelling Units, Double Dwelling Units and Residential
Townhouses. Two fully enclosed spaces per dwelling unit.
B. Apartment Buildings in the PRD District.
1. 1.25 fully enclosed spaces and 0.75 exposed spaces per dwelling
unit.
2. The required number of exposed spaces may be reduced to not less
than 0.5 spaces per dwelling unit if the number of enclosed spaces is
increased by a like amount so that the total number of exposed and
enclosed spaces equals not less than two per dwelling unit.
C. Senior Citizen Dwelling Unit Buildings in the PSR-4 and PSR-5
Subdistricts.
1. 0.5 exposed spaces and 0.25 enclosed spaces per senior citizen
dwelling unit.
2. In addition to subparagraph 1, the following spaces are required:
a. one completely enclosed and one exposed space for each
non-senior citizen dwelling unit located in a building in the
Planned Senior Residence District;
b. one completely enclosed space per vehicle owned by the
building's management and stored on the property; and
c. one exposed space for each employee who is not a resident
of the building.
D. Nursing, Convalescent and Rest Homes. One space for every four
patients or residents based on the maximum capacity of the building, plus
one space per employee on the major shift, plus one space per vehicle owned
by the building's management.
E. Day Care, Nurseries and Preschools (Principal Use). One space per
teacher or employee, plus one space per 20 individuals (or major fraction)
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City of Edina Land Use, Platting and Zoning 850.08
receiving care.
F. Public or Private Senior High Schools and Seminaries. One space per
classroom plus one space per ten students, or spaces equal in number to
one-third the maximum seating capacity of the largest place of assembly,
whichever is greater.
G. Public or Private Elementary or Junior High Schools. Two spaces per
classroom, or spaces equal in number to one-third the maximum seating
capacity of the largest place of assembly, whichever is greater.
H. Community Centers. Spaces equal in number to one-third the maximum
seating capacity of the largest place of assembly, or one space for each 200
square feet of gross floor area, whichever is greater.
I. Churches and Other Religious Institutions. Spaces equal in number to
one-third the maximum seating capacity of the largest place of assembly, plus
spaces for other church facilities which are used concurrently with the largest
place of assembly, the number of which shall be determined by the Council
in connection with the granting of a conditional use permit.
J. Theaters (Except Within Shopping Centers), Stadiums, Auditoriums,
Arenas, Lodge Halls, Mortuaries and Club Houses. Spaces equal in number
to one-third the maximum seating capacity,plus one space for each employee
on the major shift.
K. Governmental Administration, Public Service, Post Office. The greater of:
1. One space per employee on the major shift, plus one space per
government-owned vehicle, plus ten visitor spaces; or
2. One space for each 200 square feet of gross floor area.
L. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square
feet of gross floor area.
M. Medical or Dental Offices, Clinics and Animal Hospitals. One space for
each 200 square feet of gross floor area, plus one space per physician, dentist
or veterinarian.
N. Hospitals. One space per bed, plus one space per employee or volunteer
on the major shift.
O. Athletic, Health, and Weight Reduction Facilities.
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City of Edina Land Use, Platting and Zoning 850.08
1. Six spaces per court for handball, racquetball and tennis courts.
2. One space per 200 square feet of gross floor area for all other
uses.
P. Restaurants (Except Within Shopping Centers). Spaces equal in number
to one-third the maximum seating capacity,plus one space for each employee
on the major shift.
Q. Car Washes. One space per employee on the major shift, plus five spaces
for each wash lane, plus stacking spaces in accordance with Subd. 14 of
Subsection 850.07.
R. Accessory Car Washes. Two parking spaces, plus stacking spaces in
accordance with Subd. 14 of Subsection 850.07.
S. Gas Stations. One space per employee on the major shift, plus one space
for each 100 square feet of accessory retail uses in excess of 500 square feet
exclusive of restrooms, storage areas and mechanical equipment.
T. Automobile Service Centers. Three parking spaces per service bay, plus
one space per employee on the major shift, plus one space for each 100
square feet of accessory retail uses in excess of 500 square feet exclusive of
restrooms, storage areas and mechanical equipment.
U. Bowling Alleys. Five spaces per lane.
V. Offices, Medical and Dental Laboratories, Business or Professional Offices,
Financial Institutions, Employment Agencies and Travel Bureaus.
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/[(0.00025 GFA) + 195]
Over 220,000 sq. ft. GFA/250
W. Mixed Development District.
1. Residential: one enclosed space, plus 0.75 exposed space, per
dwelling unit.
2. Non-Residential (excluding publicly owned facilities and uses
accessory to residential uses):
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City of Edina Land Use, Platting and Zoning 850.08
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/[(0.0005 GFA) + 1901
Over 220,000 sq. ft. GFA/300
X. Multi-Tenant Industrial Buildings. One space for each 400 square feet of
gross floor area, or the sum of the component gross floor areas as follows,
whichever is greater:
1. One space for each 200 square feet of office space.
2. One space for each 2,000 square feet of warehouse space.
3. One space for each 300 square feet of manufacturing, processing,
packaging, treatment and assembly space.
4. One space for each 500 square feet of space containing machines
and equipment for conducting scientific research, testing or
experimentation.
5. One space for each 200 square feet of facilities for athletic, health
and weight reduction purposes; six spaces per court for handball,
racquetball or tennis.
Y. Automobile and Boat Sales - New or Used. One space per 250 square
feet of gross floor area, including show rooms, sales space and offices, but
excluding service areas, plus three spaces for each service bay. Required
parking spaces shall not be used for the storage or display of vehicles, boats
or other products.
Z. Furniture and Major Appliance Sales.
1. Over 2,500 square feet of gross floor area: one space per 400
square feet of gross floor area.
2. Under 2,500 square feet of gross floor area: one space per 200
square feet of gross floor area.
AA. Hotels and Motels. One space per guest unit, plus one space for each
employee on the major shift.
BB. Uses Allowed in the Planned Commercial Districts Except Uses For
Which a Parking Quantity is Otherwise Specified.
850 - 54
City of Edina Land Use, Platting and Zoning 850.08
1. Shopping Centers. One space per 200 square feet of gross floor
area (including theaters and restaurants), plus one additional space
for each ten seats in a restaurant, theater or other place of assembly.
Atrium areas and mall areas not used for retail sales purposes shall be
excluded from gross floor area calculations.
2. Other Retail. Eight spaces for the first 1,000 square feet, plus six
spaces for each 1,000 square feet of gross floor area in excess of the
original 1,000, but not exceeding 15,000 square feet, plus five spaces
for each 1,000 square feet in excess of 15,000 square feet.
For the purpose of determining parking requirements in places of assembly where
persons occupy benches, pews and similar seating facilities, each 22 inches of the
seating facilities shall be counted as one seat.
Subd. 2 Use of Public Parking to Meet Off-Street Parking Requirements.
A. Any principal use on property located within a redevelopment project
approved by the Council pursuant to M.S. 462, or M.S. 469.001 to 469.047
which principal use was in existence on the date the project was approved,
and which project provides for public parking to serve the project area, may
be reconstructed, or a new principal use constructed, on the same property
without providing off-street parking additional to that provided for public
parking. Provided, that the reconstructed or new principal use does not
contain more gross floor area than the prior principal use, and is for uses
which do not increase the number of required off-street parking spaces
beyond those required for the uses in the prior principal use.
B. If any increase in the size, or changes in the uses, of such an existing
principal use is made beyond the size or for other than the uses above
allowed, then additional off-street parking spaces shall be provided, pursuant
to this Section, but only for the additional spaces resulting from the increase
in size or changes in uses.
Subd. 3 Location.
A. Non-Residential Principal Uses. The required number of off-street parking
spaces shall be located on the same lot as the principal use or on an adjacent
lot under the control of the owner of the principal use. For purposes hereof,
"control' may be derived from ownership, or by a lease or easement
continuing for a period of not less than 25 years. The required parking
spaces shall not be separated from the principal use building by a street.
Seventy-five percent of all required spaces shall be located within 500 feet
of the entrances to the principal use building and 100 percent shall be within
1,000 feet.
850 - SS
City of Edina Land Use, Platting and Zoning 850.08
B. Residential Principal Uses. The required number of off-street parking
spaces shall be located on the same lot as is occupied by the principal use.
The required parking spaces shall not be separated from the principal use
building by a street.
Subd. 4 Setbacks (Not Applicable to Single Dwelling Unit Buildings and Double
Dwelling Unit Buildings). No exposed parking spaces, required stacking spaces or
drive aisles (except that portion of the driveway crossing the public right of way to
give access to the street) shall be located within twenty feet of a public street right-
of-way or within ten feet of an interior side lot line or a rear lot line. Interior side
yard and rear yard setbacks shall be measured from the boundary of the tract. No
parking space or drive aisle shall be located within ten feet of any principal use
building.
Subd. 5 Design and Construction.
A. Size.
1. Full Size Spaces.
Space Space Drive Aisle
Angle Width Lenh Width
900 8 1/2 feet 18 feet 24 feet
60° 9 feet 18 feet 18 feet
450 9 feet 18 feet 12 feet
2. Compact Spaces.
Space Space Drive Aisle
Angle Width Leng! Width
900 7 1/2 feet 16 feet 24 feet
60° 8 feet 16 feet 18 feet
450 8 feet 16 feet 12 feet
B. Compact Parking Spaces. Within the Planned Office District, Regional
Medical District and Planned Industrial District only, not more than 20
percent of all required parking spaces may be compact spaces. In all other
districts, no compact spaces shall be counted as required parking. Compact
spaces shall be clearly identified by signs mounted on sign posts in order that
they are visible at all times. Signs which are painted on the pavement shall
not be permitted for this purpose. Compact parking spaces shall be located
in one contiguous area to the greatest possible extent and, where possible,
limited to proposed employee parking areas. It is the purpose and intent to
limit compact parking spaces to areas used for long-term employee parking
rather than short-term visitor parking.
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City of Edina Land Use, Platting and Zoning 850.08
C. Bumper Overhangs. The minimum parking space length as required may
be decreased by 1.5 feet for full size parking spaces and 1.0 foot for compact
spaces which allow the bumper of the automobile to project beyond the
terminus of the parking space without obstructing other parking spaces or
vehicle circulation areas.
D. Joint Parking Facilities in the Planned Commercial District and Mixed
Development District. Parking spaces serving two or more buildings, lots or
uses in the Planned Commercial District and the Mixed Development District
may be located in the same off-street parking area, provided that:
1. The total number of spaces furnished shall not be less than the
sum of the separate requirements for each use; and
2. All parking spaces shall comply with all requirements as to
location and control as provided by paragraph A. of Subd. 3 of
Subsection 850.08.
E. Nighttime Uses. Nighttime uses, as below defined, which share parking
facilities with daytime uses may reduce their required number of parking
spaces by 50 percent, provided that:
1. The total number of spaces normally required for nighttime uses
is provided within the parking area in combination with parking
spaces provided for daytime uses;
2. The total number of parking spaces normally required for
nighttime use conforms to all requirements as to location and control
as provided by paragraph A. of Subd. 3 of Subsection 850.08; and
3. In the opinion of the Planner, the peak hours of operation of the
nighttime use will not coincide with the peak hours of other uses
sharing the joint parking facility so as to cause a parking shortage.
For the purposes hereof, nighttime uses are limited to theaters; facilities for
athletic, health and weight control including handball courts, racquet courts,
tennis courts, reducing salons and aerobic dance studios; bowling alleys; and
club and lodge assembly halls. Provided, however, that uses which are
located within a shopping center or Mixed Development District shall not be
deemed nighttime uses and shall not be eligible for reduction of parking
requirements due to nighttime uses.
F. Construction. Off-street parking spaces and circulation areas shall be
surfaced and maintained with a hard, all-weather, durable and dust-free
surfacing material composed of bituminous asphalt or concrete installed over
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City of Edina Land Use, Platting and Zoning 850.08
a well compacted subgrade and gravel base. Except for residential uses in
the R-1 District and R-2 District, each parking space shall be clearly
delineated by lines painted on or imbedded in the surface of the parking
area.
Subd. 6 Traffic and Circulation.
A. General Requirements. Vehicular traffic shall be channeled and
controlled in a manner that will avoid congestion and traffic hazards on the
lot or tract or on adjacent streets. Traffic generated by the use shall be
directed so as to avoid excessive traffic through residential areas. No parking
area, stacking area or circulation area, except for driveway ingresses and
egresses, shall be located within a street, alley or highway.
B. Review by Engineer. The adequacy of any proposed traffic circulation
system on a lot or tract shall be subject to the review of the Engineer who
may require additional measures for traffic control to accomplish the orderly
and safe movement of traffic including, but not limited to, the following:
1. Directional signalization.
2. Channelization.
3. Turn lanes.
4. Increased street width.
5. Warning lights.
6. Stacking lanes.
7. Location, number and width of curb cuts.
C. Circulation Within Parking Areas.
1. Unobstructed access to each parking space from a drive aisle shall
be provided.
2. Traffic moving from one part of a parking area to another shall be
capable of doing so without using a street.
3. Dead end drive aisles shall not be permitted.
4. Parking spaces oriented at an angle of less than 90 degrees to the
drive aisle shall be served only by way of one-way drive aisles.
850 - 58
City of Edina Land Use, Platting and Zoning 850.09
D. Driveway Design.
1. Driveway width (back of curb to back of curb):
Maximum Minimum
One-Way 20 feet 12 feet
Two-Way 30 feet 24 feet
2. Maximum driveway width at street curb: 30 feet exclusive of
returns as measured along the curb line of the street.
3. Minimum distance between driveways in all districts except R-1
and R-2: 20 feet between ends or returns as measured along the curb
line of the street.
4. Minimum distance of driveway from street intersections: 50 feet
between ends or returns of the driveway and the returns of the
intersection as measured along the curb line of the street.
5. Minimum distance between end of the driveway return and side
lot line in all districts except R-1 and R-2: 10 feet.
6. A permit must be obtained for curb cuts pursuant to Section 1205
of this Code.
850.09 Loading Facilities.
Subd. 1 Definition. A loading facility means and includes the dock to or from
which the transport vehicle is being loaded or unloaded, the berth for the vehicle
while it is being loaded or unloaded and the areas needed to maneuver the vehicle
into or out of the berth.
Subd. 2 Location. Off-street loading facilities shall be easily accessible
from streets with a minimum of interference with other vehicle and
pedestrian traffic. No loading berths shall be located on the side of a
building which faces a residential district.
Subd. 3 Setbacks. No loading facility shall be located within the required front
street or side street setback for the principal building or within ten feet of an
interior side lot line or a rear lot line.
Subd. 4 Design.
A. Size.
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City of Edina Land Use, Platting and Zoning 850.09
1. Large Berth: Length 55 feet
Width 14 feet
Height 15 feet
2. Small Berth: Length 25 feet
Width 12 feet
Height 15 feet
B. Docks. All docks shall be located within the perimeter of the principal or
accessory building and shall be completely enclosed except for the opening
needed for access to a vehicle during the time it is standing in the berth.
C. Construction. All loading berths shall comply with the standards for the
construction of parking areas as specified in this Section.
Subd. 5 Minimum Number of Loading Berths Required.
A. Planned Industrial District (Except Office Buildings). One large berth per
50,000 square feet of gross floor area or major fraction.
B. All Office Buildings, Mixed Development District (Office Space Only) and
Regional Medical District.
Gross Floor Area (GFA) Number of Berths
0 - 20,000 sq. ft. 0 berths
20,001 - 100,000 sq. ft. 1 small berth
Over 100,000 sq. ft. 1 small berth and 1 large berth,
plus 1 additional small berth
for each 100,000 square feet GFA
or major fraction, over the
original 100,000 square feet GFA
C. Planned Commercial District (Except Office Buildings).
Gross Floor Area (GFA) Number of Berths
0 - 5,000 sq. ft. 0 berths
5,001 - 20,000 sq. ft. 1 small berth
20,001 - 100,000 sq. ft. 1 small berth and 1 large berth
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City of Edina Land Use, Platting and Zoning 850.10
Over 100,000 sq. ft. 1 small berth for each
additional 50,000 square feet GFA
or major fraction thereof, over the
original 100,000 square feet GFA
850.10 Landscaping and Screening.
Subd. 1 Landscaping.
A. Application of Requirements. All properties shall comply with the
requirements of this Section except for single dwelling unit or double
dwelling unit lots,public parks,playgrounds and athletic facilities, and public
and private golf courses, except that club houses, parking areas and other
structures accessory to the golf courses shall comply.
B. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual acceptable to the Planner.
Landscape plans shall be drawn to a scale of not smaller than one inch
equals 30 feet and shall include the following information:
1. Boundary lines of the property with accurate dimensions.
2. Locations of existing and proposed buildings, parking lots, roads
and other improvements.
3. Proposed grading plan with two foot contour intervals.
4. Location, approximate size and common name of existing trees and
shrubs.
5. Planting schedule containing (i) symbols, (ii) quantities, (iii)
common names and botanical names, (iv) size of plant materials, (v)
root condition, and (vi) special planting instructions.
6. Planting details illustrating proposed locations of all new plant
material.
7. Locations and details of other landscape features including berms,
fences and planter boxes.
8. Details of restoration of disturbed areas including areas to be
sodded or seeded.
9. Location and details of irrigation systems.
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City of Edina Land Use, Platting and Zoning 850.10
10. Details and cross sections of all required screening.
C. Minimum Requirements. All open areas of a lot which are not used and
improved for required parking areas, drives or storage shall be landscaped
with a combination of overstory trees, understory trees, shrubs, flowers and
ground cover materials.
1. Minimum Number of Overstory Trees. The number of overstory
trees on the lot or tract shall be not less than the perimeter of the lot
or tract as measured in feet divided by 40.
2. Understory Trees and Shrubs. In addition to the required number
of overstory trees, a full complement of understory trees and shrubs
shall be provided to complete a quality landscape treatment of the
site.
3. Minimum Size and Root Condition of Required Overstory Trees.
Minimum Amount of Required Trees
Tree Size Building Height - Front
Tree Type Deciduous Coniferous Less than 24' 24' or Greater
Ornamental 2" or less 5' or less 5% 5%
Complimentary 2'/z" or greater 6 or greater 60% 30%
Accent 3'/z" or greater 8' or greater 20% 25%
Primary 41/2" or greater 10' or greater 10% 20%
Full 5'h" or greater 12' or greater 5% 20%
Calculations to determine minimum number of trees are always rounded
up. Tree size, as to deciduous, is the diameter of the tree measured 6
inches above the ground. Tree size, as to coniferous, is measured in
height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species
which are classified as overstory trees by the American
Nurseryman Association. Trees which are considered as half
trees, shrubs, understory trees or ornamental trees shall not be
included in the count of required overstory trees;
b. not more than 50 percent of the required number of
overstory trees shall be composed of one species;
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City of Edina Land Use, Platting and Zoning 850.10
c. no required overstory trees shall include (i) all species of the
genus Ulmus (elm), (ii) box elder, (iii) all species of the genus
Populous (poplar), or (iv) ginkgo - female only; and
d. all plant materials shall be indigenous to the hardiness zone
of the area in which the City is located.
5. Credit for Existing Trees. The total number of required new
overstory trees may be offset by the retention of existing overstory
trees on the lot provided that the trees satisfy the requirements of this
Subdivision 850.10 as to size and species. The Planner shall
determine the amount of the credit for existing trees based upon their
location and distribution on the lot.
6. Ground Cover. All unimproved portions of the lot or tract shall be
sodded. Provided, however:
a. areas reserved for future approved building expansions may
be seeded;
b. undisturbed areas containing existing viable natural
vegetation which can be maintained free of weeds may be left
undisturbed; and
c. slopes steeper than 3:1 may be seeded.
D. Landscaping Inspection Fee. A landscaping inspection fee in the amount
set out in Section 185 of this Code shall be paid to the City at the time a
building or other permit is issued for work to be done on the same property
as the landscaping work, and as a condition to the issuance of the permit.
Subd. 2 Screening.
A. Screening Required. The following uses shall be screened in accordance
with the requirements of this Subdivision 850.10:
1. Non-residential principal buildings or structures, and any building
or structure accessory thereto, shall be screened from lots in the R-1
District which are used for single dwelling unit buildings and which
are located within 200 feet of the non-residential use. The distance
shall be the shortest distance between the non-residential building or
structure to be screened and the nearest lot line of the R-1 District lot,
but shall not extend across a street;
2. Principal buildings or structures, or any building or structure
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City of Edina Land Use, Platting and Zoning 850.10
accessory thereto,located in the Planned Industrial District or Planned
Commercial District shall be screened from lots used for any
residential purpose which are located within 200 feet. The distance
shall be the shortest distance between the PID or PCD building or
structure to be screened and the nearest lot line of the residential lot,
but shall not extend across a street;
3. Off-street parking facilities containing six or more spaces and all
loading facilities shall be screened from streets located within 50 feet,
and from lots which are used for any residential purpose which are
located within 50 feet. Said distance shall be the shortest distance
between the parking facility or loading facility and the nearest part of
the street or the nearest lot line of the residential lot;
4. Trash storage facilities including recycling storage facilities shall
be screened from all lot lines and public road rights-of-way; and
5. All mechanical equipment accessory to any building, except single
dwelling unit and double dwelling unit buildings, shall be screened
from all lot lines and streets.
B. Responsibility. The owner of the principal or accessory building or
structure to be screened shall install and maintain all screening required
without cost to the City.
C. Materials. Required screening may be achieved with fences, walls, earth
berms, hedges and other landscape materials. All walls and fences shall be
architecturally harmonious with the principal building. Earth berms shall not
be steeper than 3:1. All materials, including landscaping, shall have a
minimum opacity of 90 percent year round.
D. Location. All required screening shall be located on the lot occupied by
the use, building, facility or structure to be screened. No screening shall be
located upon any public road right-of-way, or within 20 feet of the traveled
portion of a street.
E. Height. The minimum height for screening required by this Section is as
follows:
1. Screening required by subparagraphs 1 and 2 of paragraph A. of
Subd. 2 of Subsection 850.10: ten feet above property line;
2. Screening required by subparagraph 3 of paragraph A. of Subd. 2
of Subsection 850.10: four feet above level of parking lot and ten feet
above level of loading facility; and
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City of Edina Land Use, Platting and Zoning 850.11
3. Screening required by subparagraphs 4 and 5 of paragraph A. of
Subd. 2 of Subsection 850.10: high enough to completely screen from
property lines, but not less than five feet or greater than ten feet in
height.
Subd. 3 Maintenance.
A. Responsibility. The owner of the lot upon which the required
landscaping or screening is located shall maintain all materials in a sightly
and healthy growing condition without cost to the City.
B. Security. Security shall be filed with the Planner in accordance with
Section 405 of this Code to guarantee the installation and vigorous growing
condition of all landscape elements and required screening. The security
shall remain in effect for two full growing seasons. Lots provided with an
irrigation system covering 100 percent of the area improved with landscaping
need provide security for only one growing season. The growing season
guarantee period for plant material installed after June 1 shall begin the
following year.
850.11 Single Dwelling Unit District (R-1).
Subd. 1 Principal Uses.
A. Buildings containing not more than one dwelling unit.
B. Publicly owned parks, playgrounds and athletic facilities.
C. Publicly and privately owned golf courses, but not including driving
ranges or miniature golf courses as a principal use.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels and
temples.
B. Elementary schools, junior high schools and senior high schools having
a regular course of study accredited by the Minnesota Department of
Education, preschools and community centers.
C. Publicly owned and operated civic and cultural institutions including, but
not limited to, administrative offices, libraries, public safety buildings and
places of assembly.
D. Golf course club houses.
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City of Edina Land Use, Platting and Zoning 850.11
E. Parking facilities and other uses which are accessory to conditional uses
including, but not limited to, seminaries, private schools, monasteries and
nunneries, but excluding preschools, nurseries and day care permitted by
paragraph C. of Subd. 3 of this Subsection 850.11.
F. Temporary Conditional Uses allowed pursuant to Subd. 5 of Subsection
850.04.
Subd. 3 Accessory Uses.
A. The following accessory uses are permitted on the same lot as a single
dwelling unit building:
1. Accessory garages.
2. Greenhouses, garden houses, decks, patios and gazebos.
3. Tool houses and sheds for the storage of domestic supplies.
4. Private swimming pools, tennis courts and other recreational
facilities for use only by residents of the principal use and their
guests.
5. Improvements customarily incidental to single dwelling unit
buildings including,but not limited to,driveways, sidewalks,flagpoles
and clotheslines.
6. Customary home occupations.
7. Day care facilities, licensed by the State.
B. Uses and facilities accessory to and on the same lot as a golf course,
including maintenance buildings, golf driving ranges, swimming pools, tennis
courts and other related recreational facilities.
C. Preschools, nurseries and day care within elementary, junior high and
senior high schools and religious institutions.
D. Rooms for residential occupancy by persons employed by religious
institutions or golf courses.
Subd. 4 Interim Uses of Elementary, Junior and Senior High School Buildings
Owned by Independent School District No. 273.
A. Purpose and Intent. The Council recognizes that several public
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City of Edina Land Use, Platting and Zoning 850.11
elementary, junior high and senior high school buildings owned by
Independent School District No. 273 (the"School District") have been,or will
be, wholly or partly closed for public education purposes due to the
decreasing school age population of the School District. It further recognizes
that many such buildings will be retained in School District ownership in
order that they may be reused for public education purposes in the future if
the School District's school-age population increases. Therefore, the Council
has determined that the school buildings should be allowed to be temporarily
occupied by appropriate uses during this interim period in order to preserve
a substantial public investment, to prevent the deterioration of such public
properties thereby adversely impacting surrounding private properties, to
prevent an undue financial burden upon the School District, and to promote
the general health, safety and welfare of the residents of the City. However,
it is not the purpose and intent of this Section to allow the permanent reuse
of such public school buildings for the interim uses permitted or allowed by
this Section. '
B. Permitted Interim Uses.
1. Schools for teaching music, dance, arts or business vocations
which do not require a conditional use permit pursuant to paragraph
D. of Subd. 4 of this Subsection 850.11; and
2. Administrative offices and meeting rooms (excluding lodge halls)
for private non-profit organizations, and counseling services, which,
together with the other such offices and meeting rooms in the same
public school building do not occupy, in the aggregate, in excess of
the minimum percentage of gross floor area set out in subparagraph
La. of paragraph D. of Subd. 4. of this Subsection 850.11, and if such
offices and meeting rooms do not require a conditional use permit
pursuant to subparagraph Lb. of paragraph D. of Subd. 4. of this
Subsection.
C. Termination of All Interim Uses. If all or any part of any public school
building, or the land upon which it is located, is disposed of or transferred
to private ownership by deed, contract for deed, lease for more than three
years or by other means, all interim uses shall cease and the building and
land shall then be used for only principal uses, and accessory uses permitted
in the zoning district in which the land is situated, or allowed conditional
uses pursuant to the grant of a conditional use permit.
D. Conditional Interim Uses.
1. Only the following interim uses are allowed subject to the grant
of a conditional use permit:
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City of Edina Land Use, Platting and Zoning 850.11
a. administrative offices and meeting rooms for private
non-profit organizations, and counseling services, which,
together with the other such offices and meeting rooms in the
same public school building will, in the aggregate, occupy 35
percent or more of the gross floor area of the building; and
b. administrative offices and meeting rooms for private
non-profit organizations, and counseling services and schools for
teaching music, arts, dance or business vocations which are open
for operations between 6:00 P.M. and 7:00 A.M. on three or
more days per week.
2. No conditional use permit shall be issued unless the Council finds
that the hours of operation of the proposed use(s) will be
complementary to other uses in the building or on the property and
will not adversely impact the residential character of surrounding
properties.
Subd. 5 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area.
1. Single dwelling unit building. 9,000 square feet, provided
however, if the lot is in a
neighborhood as defined in
Section 810 of this Code,
which has lots with a
median lot area greater
than 9,000 square feet,
then the minimum lot area
shall be not less than the
median lot area of lots in
such neighborhood.
2. Elementary schools, preschools and 5 acres, plus 1 acre
nurseries as a principal use. for each 150 pupils of
planned maximum enroll-
ment.
3. Junior high schools, senior high 10 acres, plus 1 acre
schools, seminaries, monasteries, for each 150 pupils
nunneries and community centers. of planned maximum
enrollment.
4. Religious institutions 3 acres.
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City of Edina Land Use, Platting and Zoning 850.11
B. Minimum Lot Width.
Single dwelling unit building. 75 feet, provided, however,
if the lot is in a
neighborhood as defined in
Section 810 of this Code,
which has lots with a
median lot width greater
than 75 feet, then the
minimum lot width shall be
not less than the median lot
width of lots in such
neighborhood.
C. Minimum Lot Depth.
Single dwelling unit building. 120 feet,provided, however
if the lot is in a
neighborhood as defined in
Section 810 of this Code,
which has lots with a
median lot depth greater
than 120 feet, then the
minimum lot depth shall be
not less than the median lot
depth of lots in such
neighborhood.
D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width
to perimeter ratio of not less than 0.1.
Subd. 6 Requirements for Budding Coverage, Setbacks and Height.
A. Building Coverage.
1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall
be not more than 25 percent for all buildings and structures,provided,
however, that the combined total area occupied by all accessory
buildings and structures, excluding attached garages, shall not exceed
1,000 square feet.
2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall
be not more than 30 percent for all buildings and structures, provided,
however, that the area occupied by all buildings and structures shall
not exceed 21,250 square feet.
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City of Edina Land Use, Platting and Zoning 850.11
3. The combined total area occupied by all accessory buildings and
structures, excluding attached garages, shall not exceed 1,000 square
feet for lots used for single dwelling unit buildings.
B. Minimum Setbacks (subject to the requirements of paragraph A. of
Subd. 7 of this Subsection 850.11).
Interior
Front Side Side Rear
Street Street Yard Yard
1. Single dwelling unit 30' 15' 10' 25'
buildings on lots 75 feet or
more in width
2. Single dwelling unit 30' 15' 5' 25'
buildings on lots less than
75 feet in width
3. Buildings and structures
accessory to single dwelling
unit buildings:
a. detached garages, -- 15' 3' 3'
tool sheds, greenhouses
and garden houses en-
tirely within the rear
yard, including eaves.
b. attached garages, 30' 15' 5' 25'
tool sheds, greenhouses
and garden houses.
c. detached garages, tool 30' 15' 5' 5'
sheds, greenhouses and
garden houses not entirely
within the rear yard.
d. unenclosed decks 30' 15' 5' 5'
and patios.
e. swimming pools, 30' 15' 10' 10'
including appurtenant
equipment and required
decking.
850 - 70
City of Edina Land Use, Platting and Zoning 850.11
f. tennis courts, 30' 15' S' S'
including appurtenant
fencing and lighting.
g. all other accessory 30' 15' S' S'
buildings and structures.
4. Other Uses.
a. all conditional 50' S0' 50' 50'
use buildings or structures
including accessory buildings
or structures but excluding
parking lots.
b. tennis courts, 50' S0' 50' S0'
maintenance buildings,
swimming pools and golf
driving ranges accessory
to a golf course.
C. Height
1. Single dwelling unit 2 1/2 stories or 30 feet,
buildings and structures whichever is less.
accessory thereto.
2. Buildings and structures 1 1/2 stories or 18 feet,
accessory to single dwelling whichever is less.
unit buildings but not
attached thereto.
3. All other buildings and 3 stories or 40 feet,
structures. whichever is less.
Subd. 7 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the
frontage on one side of a street between intersections is occupied by
buildings having front street setbacks of more or less than 30 feet, the
average setback of such existing buildings shall be maintained by all
new or relocated buildings or structures or additions thereto on the
850 - 71
City of Edina Land Use, Platting and Zoning 850.11
same side of that street and between said intersections. If a building
or structure or addition thereto is to be built or located where there
is an established average setback and there are existing buildings on
only one side of the built or relocated building or structure or
addition thereto, the front street setback of said new or relocated
building or structure or addition thereto need be no greater than that
of the nearest adjoining principal building. If a building or structure
or addition thereto is to be built or relocated where there is an
established average setback, and there are existing buildings on both
sides of the new or relocated building or structure or addition thereto,
the front setback need be no greater than that which would be
established by connecting a line parallel with the front lot line
connecting the most forward portion of the adjacent principal building
on each side.
2. Side Street Setback. The required side street setback shall be
increased to that required for a front street setback where there is an
adjoining interior lot facing on the same street. The required side
street setback for a garage shall be increased to 20 feet if the garage
opening faces the side street.
3. Interior Side Yard Setback. The required interior side yard setback
shall be increased by 6 inches for each foot the building height
exceeds 15 feet. For purposes of this subparagraph, building height
shall be the height of that side of the building adjoining the side lot
line and shall be measured from the average proposed elevation of the
ground along and on the side of the building adjoining the side lot
line to the top of the cornice of a flat roof, to the deck line of a
Mansard roof, to a point on the roof directly above the highest wall
of a shed roof, to the uppermost point on a round or other arch-type
roof, to the average distance of the highest gable on a pitched roof,
or to the top of a cornice of a hip roof.
4. Rear Yard Setback - Interior Lots. If the rear lot line is less than
30 feet in length or if the lot forms a point at the rear and there is no
rear lot line, then for setback purposes the rear lot line shall be
deemed to be a straight line segment within the lot not less than 30
feet in length, perpendicular to a line drawn from the midpoint of the
front lot line to the junction of the interior lot lines, and at the
maximum distance from the front lot line.
S. Rear Yard Setback - Corner Lots Required to Maintain Two Front
Street Setbacks. The owner of a corner lot required to maintain two
front street setbacks may designate any interior lot line measuring 30
feet or more in length as the rear lot line for setback purposes. In the
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City of Edina Land Use, Platting and Zoning 850.12
alternative, the owner of a corner lot required to maintain two front
street setbacks may deem the rear lot line to be a straight line
segment within the lot not less than 30 feet in length, perpendicular
to a line drawn from the junction of the street frontages to the
junction of the interior lot lines, the line segment being the maximum
distance from the junction of the street frontages.
6. Through Lots. For a through lot, the required setback for all
buildings and structures from the street upon which the single
dwelling unit building does not front shall be not less than 25 feet.
7. Accessory Buildings and Structures Used for Dwelling Purposes.
Subject to the requirements of paragraph B. of Subd. 7 of this
Subsection 850.11, if any accessory building or structure (including,
without limitation, garages), or if any addition to or expansion of
(including, without limitation, an additional story on) an accessory
building or structure (including, without limitation, garages), is used
or intended for use, in whole or in part, for residential occupancy,
then such accessory building or structure or such addition or
expansion, shall comply with all of the minimum setback requirements
for a single dwelling unit building.
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one
dwelling unit shall be erected, placed or used on any lot unless the lot is
subdivided into two or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07,
the first 150 square feet of an unenclosed deck or patio shall not be included
when computing building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with
a basement having a gross floor area equal to at least 50 percent of the gross
floor area of the story next above. The floor area of accessory uses shall not
be included for purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet
in width as measured from the exterior of the exterior walls.
F. Parking Ramps Prohibited. No parking ramp shall be constructed in the
R-1 District.
850.12 Double Dwelling Unit District (R-2).
Subd. 1 Principal Uses. Buildings containing two dwelling units.
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City of Edina Land Use, Platting and Zoning 850.12
Subd. 2 Accessory uses.
A. Accessory garages.
B. Greenhouses, garden houses, decks, patios and gazebos.
C. Tool houses and sheds for storage of domestic supplies.
D. Private swimming pools, tennis courts and other recreational facilities for
use only by residents of the principal use and their guests.
E. Improvements customarily incidental to single dwelling unit buildings
including,but not limited to,driveways,sidewalks,flagpoles and clotheslines.
F. Customary home occupations.
Subd. 3 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area (per double 15,000 sq. ft.
dwelling unit building).
B. Minimum Lot Width. 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 25%
B. Setbacks (subject to the
provisions of paragraph D. of
Subd. 5 of this Subsection 850.12)
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory
buildings and structures shall be the same as those required by this
Section for buildings and structures accessory to single dwelling unit
buildings in the R-1 District.
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City of Edina Land Use, Platting and Zoning 850.12
C. Height: 2 1/2 stories or 30 feet, whichever is less.
Subd. 5 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply.
A. Application of Requirements. Requirements for lot area and dimensions,
building coverage, setbacks and height shall be applied to the entire double
dwelling unit building and the entire lot, and shall ignore any subdivision of
building and lot which has been or may be made in order to convey each
dwelling unit separately.
B. Sewer and Water Connections. Each dwelling unit must be separately
and independently connected to public sanitary sewer and water mains.
C. Subdivided R-2 Lots. A double dwelling unit building and lot may be
subdivided pursuant to Section 810 of this Code along the common party
walls between the dwelling units, provided that:
1. A building permit has been issued and the building foundation is
in place;
2. Each parcel resulting from the subdivision must have frontage on
a public street of not less than 25 feet;
3. The parcels resulting from the subdivision shall each comprise
approximately the same number of square feet, and no an individual
parcel shall be less than 5,000 square feet; and
4. A rear yard not less than 25 feet in depth must be provided for
each dwelling unit.
If the above conditions cannot be met, the lot may be subdivided by means
of a townhouse plat.
D. Special Setback Requirements for Double Dwelling Unit Buildings.
Double dwelling unit buildings shall comply with the special requirements for
single dwelling unit building setbacks, as provided in paragraph A. of
Subd. 7 of Subsection 850.11.
E. Decks and Patios. Notwithstanding the provisions of Subsection 850.07,
the first 200 square feet of an unenclosed deck or patio shall not be included
when computing building coverage.
F. Basements. All double dwelling unit buildings shall be constructed with
a basement having a gross floor area equal to at least 50 percent of the gross
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City of Edina Land Use, Platting and Zoning 850.13
floor area of the story next above. The floor area of accessory uses shall not
be included for the purposes of this paragraph.
G. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a double dwelling unit building shall measure less than
eighteen feet in width, as measured from the exterior of the exterior walls.
850.13 Planned Residence District (PRD, PSR).
Subd. 1 Subdistricts. The Planned Resident District shall be divided into the
following subdistricts:
Planned Residence District - 1 (PRD-1)
Planned Residence District - 2 (PRD-2)
Planned Residence District - 3 (PRD-3)
Planned Residence District - 4 (PRD-4)
Planned Residence District - 5 (PRD-5)
Planned Senior Residence - 3 (PSR-3)
Planned Senior Residence - 4 (PSR-4)
Subd. 2 Principal Uses.
A. PRD-1. Single dwelling unit buildings, double dwelling unit buildings
and residential townhouses.
B. PRD-2. Residential buildings containing six or fewer dwelling units.
C. PRD-3 and PRD-4. All residential buildings. Also day care facilities
licensed by the State.
D. PRD-5. Rest homes, convalescent homes and nursing homes.
E. PSR-3 and PSR-4. Buildings containing four or more dwelling units, all
but one of which are senior citizen dwelling units.
Subd. 3 Accessory Uses.
A. PRD-1. All accessory uses allowed in the R-1 District.
B. All Other Subdistricts. All accessory uses allowed in the R-2 District.
C. PRD-4, PRD-5 and PSR-4. Shops,restaurants and other services primarily
intended for the use and convenience of residents of the principal use,
provided that such accessory uses are accessible only from the interior of the
principal building, are located only on the ground floor of the principal
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City of Edina Land Use, Platting and Zoning 850.13
building, and have no signs or display visible from the outside of the
principal building. Not more than ten percent of the gross floor area of a
principal building shall be devoted to these accessory uses.
Subd. 4 Density.
A. Required Lot Area. The area of the tract shall not be less than the sum
of the required lot area for each dwelling unit adjusted by the allowances
permitted or imposed by this paragraph:
Lot Area Per Maximum Allowance
Dwelling Unit Per Dwelling Unit
PRD-1 10,500 sq. ft. 0 sq. ft.
PRD-2 7,200 sq. ft. 0 sq. ft.
PRD-3 4,400 sq. ft. 1,500 sq. ft.
PRD-4 2,900 sq. ft. 1,500 sq. ft.
PRD-5
PSR-3 3,500 sq. ft. 1,500 sq. ft.
PSR-4 2,500 sq. ft. 1,500 sq. ft.
* The principal building in subdistrict PRD-5 shall not exceed an FAR of 1.2.
B. Schedule of Allowances.
1. PRD-3
a. subtract 500 square feet for each parking space within or
under the principal building or otherwise completely
underground. (No more than 1.5 spaces per dwelling unit shall
be counted).
b. subtract 500 square feet for each dwelling unit if all principal
buildings conform to all specifications of Type I or II
construction as defined in the State Building Code as adopted by
Section 410 of this Code.
c. subtract 250 square feet for each dwelling unit if at least a
500 foot spacing is maintained between each principal and
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City of Edina Land Use, Platting and Zoning 850.13
accessory building and the nearest lot line of a lot in the R-1
District used for residential purposes.
d. add 500 square feet for each bedroom in excess of two in any
one dwelling unit.
e. subtract 250 square feet for each dwelling unit if the tract is
within 2,000 feet of an accessible freeway interchange (nearest
lot line to center of interchange).
2. PRD-4
a. all allowances permitted by paragraph B.1 of this Subd. 4 for
PRD-3.
b. subtract 250 square feet for each dwelling unit if the tract is
three acres or more in area.
c. subtract 250 square feet for each dwelling unit if total
building coverage is less than ten percent.
3. PSR-3 and PSR-4
a. all allowances permitted by paragraph B.2 of this Subd. 4 for
PRD-4.
b. subtract 1,000 square feet for each senior citizen dwelling
unit.
Subd. 5 Requirements for Building Coverage, Setbacks, Height.
A. Maximum Building Coverage and FAR.
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City of Edina Land Use, Platting and Zoning 850.13
Maximum
Building FAR
Coverage
PRD-1 25% --
PRD-2 25% --
PRD-3 30% --
PRD-4 30% --
PRD-5 35% 1.2
PSR-3 30% --
PSR-4 35% 1.2
B. Setbacks.
1. Setbacks shall be measured from the boundary of the tract.
The required setbacks shall be increased to equal the building
height for those buildings whose height exceeds the minimum
setbacks required.
a. minimum setbacks are as follows:
Interior
Front Side Side Rear
Street Street Yard Yard
PRD-1 30' 30' 20' 25'
PRD-2 30' 30' 20' 35'
PRD-3 35' 35' 20' 35'
PRD-4, 5 35' 35' 35' 35'
PSR-3, 4 35' 35' 20' 35'
Accessory Same as 10' 10'
buildings prinicpal
building
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City of Edina Land Use, Platting and Zoning 850.13
C. Maximum Building Height.
PRD-1, 2 2 1/2 stories or 30 feet, whichever is less.
PRD-3 3 stories or 40 feet, whichever is less.
PRD-4, 5 No maximum; height is determined by required
setbacks.
PSR-3 3 stories or 40 feet, whichever is less.
PSR-4 No maximum; height is determined by required
setbacks.
Subd. 6 Usable Lot Area. Usable lot area not less than the amount specified
below shall be provided on the tract. This space must be easily accessible by
residents of the principal building. The front yard and side yard established by the
required front street or side street setback and areas occupied by driveways, parking
areas and buildings shall not be included as usable lot area. Areas within the tract
and dedicated by the tract owner to the general public shall be included in usable
lot area computations.
Per Dwelling Unit
PRD-1 2,000 sq. ft.
PRD-2 1,500 sq. ft.
PRD-3, 4 400 sq. ft.
PSR-3 200 sq. ft.
PSR-4 100 sq. ft.
Subd. 7 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area - PRD-1. 10 acres
B. Minimum Floor Area per Dwelling Unit.
PSR PRD (except PRD-5)
Efficiency -- 500 sq. ft.
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City of Edina Land Use, Platting and Zoning 850.13
One Bedroom 500 minimum sq. ft. 750 sq. ft.
700 maximum sq. ft.
Two Bedroom 750 minimum sq. ft. 950 sq. ft.
850 maximum sq. ft.
Additional -- 150 sq. ft./each
Bedrooms
For purposes hereof, floor area shall be the area within, and measured from,
the inside of exterior walls and from the center of interior walls bounding
the dwelling unit, but shall not include furnace rooms, utility rooms, storage
areas not within the dwelling unit, garages or any common areas which are
used by residents of two or more dwelling units, including stairways, entries,
foyers, balconies and porches.
C. Efficiency Dwelling Units. Efficiency dwelling units shall be permitted
only in subdistricts PRD-3 and PRD-4. Not more than ten percent of the
dwelling units per building shall be efficiency dwelling units.
D. Maximum Number of Townhouses Per Building. Not more than eight
townhouses per building shall be allowed.
E. Sewer and Water Connections for Townhouses. Each townhouse shall be
separately and independently connected to public sanitary sewer mains and
water mains.
F. Accessory Buildings. The exterior of accessory buildings shall be
constructed of the same material as the principal building.
G. Community Facilities in PSR-3 and PSR-4. Principal buildings in
subdistricts PSR-3 and PSR-4 shall provide recreational, service and meeting
facilities for the use and enjoyment of residents and guests. Such facilities
shall comprise not less than 1,250 square feet, or 15 square feet of floor area
per senior citizen dwelling unit, measured as provided for in paragraph B. of
Subd. 7 of this Subsection 850.13, whichever is greater. Such facilities shall
be indoor space and shall be conditioned for year round occupancy. Outdoor
areas, laundry facilities, storage areas, mechanical rooms, hallways, foyers,
offices or circulation space shall not be included to satisfy this requirement.
H. Proximity to R-1 District (PRD-4, PRD-5, and PSR-4). The following
minimum distance shall be provided between the closest point of the
principal building in the PRD-4, PRD-5 and PSR-4 subdistricts and the
nearest lot line of an R-1 District used for residential purposes. This
requirement shall only apply to principal buildings four stories or more in
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City of Edina Land Use, Platting and Zoning 850.14
height. The minimum distance to an R-1 District need not exceed 680 feet
for buildings more than 100 feet in height.
Minimum Distance in Feet = 10(h-40) + 80
h = building height
850.14 Mixed Development District (MDD).
Subd. 1 Subdistricts. The Mixed Development District shall be divided into the
following subdistricts:
Mixed Development District - 3 (MDD-3)
Mixed Development District - 4 (MDD-4)
Mixed Development District - 5 (MDD-5)
Mixed Development District - 6 (MDD-6)
Subd. 2 Principal Uses.
A. MDD-33, MDD-4, and MDD-5:
1. Buildings containing not fewer than ten dwelling units or senior
citizen dwelling units.
2. Publicly-owned or operated civic or cultural institutions.
3. Publicly-owned park and recreational facilities.
4. Offices, including business and professional offices, medical and
dental offices, post offices, travel agencies and travel bureaus.
5. Financial institutions excluding pawn shops.
6. Publicly-owned parking facilities.
7. Day care.
8. Suites Hotels.
B. MDD-6:
1. All principal uses in the MDD-3, MDD-4, and MDD-5 subdistricts.
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
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City of Edina Land Use, Platting and Zoning 850.14
b. automotive accessory shops.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
3. Health and athletic clubs.
4. Department stores or shopping centers exceeding 40,000 square
feet.
Subd. 3 Accessory Uses.
A. Recreational facilities solely for the use and enjoyment of residents of a
residential principal use and their guests.
B. Customary home occupations.
C. Mass transit passenger waiting and pick-up facilities.
Subd. 4 Conditional Uses.
A. MDD-3, MDD-4, and MDD-5.
1. Privately owned recreational facilities other than those permitted
in paragraph A. of Subd. 3 of this Subsection 850.14.
2. Drive-through facilities.
3. All principal uses allowed in the PCD-1 and PCD-2 subdistricts,
except:
a. animal hospitals and kennels.
b. automotive accessory stores.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
B. MDD-6. Commercial uses in residential buildings.
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City of Edina Land Use, Platting and Zoning 850.14
Subd. 5 Density.
A. Allowed Number of Dwelling Units.
1. Required Lot Area. The area of the tract shall not be less than the
sum of the required lot area for each dwelling unit thereon, less the
allowances permitted or imposed by this paragraph.
Required Lot Area Maximum Allowance
Per Dwelling Unit Per Dwelling Unit
MDD-3 4,400 sq. ft. 1,000 sq. ft.
MDD-4 3,600 sq. ft. 1,000 sq. ft.
MDD-5 3,300 sq. ft. 1,500 sq. ft.
MDD-6 3,300 sq. ft. 1,500 sq. ft.
2. Schedule of Allowances.
a. subtract 500 feet for each required residential parking space
within or under the principal building or otherwise completely
underground.
b. add 500 square feet for each bedroom in excess of two in any
one dwelling unit.
c. subtract 250 square feet for each dwelling unit if total
building coverage is less than 20 percent. (Buildings devoted to
public or private park, or an accessory recreational facility, shall
be excluded from building coverage for purposes of this
allowance).
d. subtract 400 square feet for each dwelling unit if the Mixed
Development District includes a publicly owned park that is
developed or programmed to be developed with recreational
facilities or other facilities for the use and enjoyment of the
general public.
e. subtract 600 square feet for each dwelling unit reserved for
sale or rent to persons of low and moderate income, as defined
by, and pursuant to an agreement approved by, the Housing and
Redevelopment Authority of Edina, Minnesota.
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City of Edina Land Use, Platting and Zoning 850.14
B. Allowed Non-Residential Floor Area. The gross floor area of all
non-residential uses, exclusive of publicly owned or operated civic, cultural
and recreational facilities, transit facilities and uses accessory to residential
principal uses, shall not exceed:
1. MDD-3, MDD-4 and MDD-5: 800 square feet of non-residential
gross floor area per dwelling unit shown on the approved Overall
Development Plan.
2. MDD-6 subdistrict: 1750 square feet of non-residential gross floor
area per dwelling unit shown on the approved Overall Development
Plan.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 30 percent of the tract. Publicly owned
buildings or structures shall be excluded from building coverage
computations.
B. Maximum Floor Area Ratio. Non-residential uses shall not exceed a FAR
of 0.5. Non-residential uses and residential uses in the aggregate shall not
exceed an FAR of 1.0. Tract area shall include all area in the approved
Overall Development Plan, exclusive of public street rights-of-way. Publicly
owned buildings or structures shall be excluded from FAR computations.
C. Setbacks. Setbacks shall be measured from the boundary of the tract or
from public street right-of-way.
Interior
Front Side Side Rear
Street Street Yard Yard
MDD-3 35' 35' 20' 35'
MDD-4 35' 35' 35' 35'
MDD-5 50' 50' S0' S0'
MDD-6 35' 35' 20' 35'
The minimum building setback shall be increased by 1/2 foot for each foot the
building height exceeds the minimum required setback, provided, however, the
required interior side yard setback shall not be less than 35 feet if the boundary of
the tract adjoins land zoned and used for residential purposes.
850 - 85
City of Edina Land Use, Platting and Zoning 850.14
D. Maximum Building Height.
MDD-3 3 stories or 40 ft., whichever is less.
MDD-4 4 stories or 50 ft., whichever is less.
MDD-5 No maximum; height determined by required setbacks.
MDD-6 No maximum; height determined by required setbacks.
Subd. 7 Usable Lot Area. Usable lot area not less than the amount specified
below shall be provided on the tract. Publicly owned or operated civic, cultural or
recreational facilities located on the tract may be counted as usable lot area. The
front yard and side yard established by the required front street or side street
setback and areas occupied by driveways, parking areas and garages shall not be
counted as usable lot area.
Per Dwelling Unit
MDD-3 400 sq. ft.
MDD-4 400 sq. ft.
MDD-5 200 sq. ft.
MDD-6 200 sq. ft.
Subd. 8 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area. The minimum tract area for subdistrict MDD-5
shall be five acres. The minimum tract area for subdistrict MDD-6 shall be
50 acres.
B. Ownership or Control. The tract proposed for transfer to the Mixed
Development District shall be under common ownership and shall be planned
and developed as an integral unit.
C. Proposed Development Schedule. The Final Development Plan required
by Subsection 850.04 shall include a proposed schedule of construction of
the major components of the development as such major components are
determined by the Planner. The proposed schedule as approved by the
Council shall become part of the Final Development Plan. No more than 50
percent of the permitted gross floor area of non-residential uses on the tract
shall be constructed until a building permit has been issued for, and
850 - 86
City of Edina Land Use, Platting and Zoning 850.15
construction begun on, at least 25 percent of the permitted dwelling units.
D. Conditional Uses. Conditional uses shall:
1. Be contained within the same building as a principal use, except
for drive-through facilities.
2. Provide goods and services beneficial to the needs of the occupants
and residents of the principal uses and surrounding properties.
3. Have enclosed pedestrian access to the principal use.
E. Skyway Setbacks. In cases where pedestrian connections are made across
and above a street, the required setback for such connections may be reduced
to zero feet for a width of 120 feet.
850.15 Planned Office District (POD).
Subd. 1 Subdistricts. The Planned Office District shall be divided into the
following subdistricts:
Planned Office District - 1 (POD-1)
Planned Office District - 2 (POD-2)
Subd. 2 Principal Uses.
A. Business and professional offices.
B. Financial institutions including drive-through facilities, but excluding
pawn shops.
C. Post offices.
D. Clubs,lodge halls and non-profit organizations, excluding those providing
food or beverage services in the building or on the lot.
E. Facilities for athletic, health or weight control purposes, including, but
not limited to, handball, racquetball, tennis, reducing salons and aerobic
dance studios, provided that no seating or other facilities shall be allowed for
spectator usage.
F. Medical and dental offices and clinics.
G. Employment agencies.
850 - 87
City of Edina Land Use, Platting and Zoning 850.15
H. Travel bureaus.
I. Day care.
J. Public or private colleges, universities or schools.
Subd. 3 Accessory Uses.
A. Off-street parking facilities.
B. In buildings having a gross floor area of 40,000 square feet or more, ten
percent of the gross floor area may be occupied by retail uses allowed in the
PCD-1 District and PCD-2 District, provided that the accessory uses are
accessible only from the interior of the principal building and have no signs
or displays relative thereto visible from the outside of the principal building.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage: 30 percent of the tract.
B. Maximum Floor Area Ratio: 0.5 of the tract.
C. Setbacks - shall be measured from the boundary of the tract:
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
D. Maximum Building Height.
POD-1 4 stories or 50 feet whichever is greater.
POD-2 no maximum; height is determined by required
setbacks.
Subd. 5 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply:
A. Increased Setbacks. The front street or side street setback shall be
increased to not less than 50 feet when the principal use is located across the
street from an R-1 District used for residential purposes. When the Planned
Office District is an integral part of either a Planned Industrial District or a
850 - 88
City of Edina Land Use, Platting and Zoning 850.15
Planned Commercial District, the front street setback and the side street
setback shall be not less than those prescribed for the major district.
B. Proximity to R-1 District. The following minimum distance shall be
provided between the closest point of the office building closest to an R-1
District and the nearest lot line of an R-1 District used for residential
purposes.
Office Building Height Distance to R-1 District
5 - 6 stories Twice the building height of the
office building.
7 - 8 stories Four times the building height of
the office building.
9 or more stories Six times the building height of
the office building.
C. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Office District
shall meet the following standards:
1. All exterior wall finishes on any building shall be one or a
combination of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel
construction if the panel materials are any of those noted
above; or
e. glass or prefinished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory
buildings constructed after the erection of an original building or
buildings shall be constructed of materials comparable to those used
850 - 89
City of Edina Land Use, Platting and Zoning 850.16
in the original construction and shall be designed in a manner
conforming to the original architectural design and general
appearance.
850.16 Planned Commercial District (PCD).
Subd. 1 Subdistricts. The Planned Commercial District shall be divided into the
following subdistricts:
Planned Commercial District - 1 (PCD-1)
Planned Commercial District - 2 (PCD-2)
Planned Commercial District - 3 (PCD-3)
Planned Commercial District - 4 (PCD-4)
Subd. 2 Principal Uses in PCD-1.
Antique shops.
Art galleries.
Art studios.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of 2,500 square feet.
Barber shops.
Beauty parlors.
Bicycle stores, including rental, repair and sales.
Book and stationery stores.
Camera and photographic supply stores.
Candy and ice cream stores.
Clothes pressing and tailoring shops.
Clothing stores not exceeding 2,500 square feet of gross floor area.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-
profit organizations not exceeding 2,500 square feet of gross floor area.
Coin and philatelic stores.
850 - 90
City of Edina Land Use, Platting and Zoning 850.16
Day care.
Drug stores.
Dry cleaning establishments and laundries.
Employment agencies.
Financial institutions, but excluding drive-through facilities and pawn shops.
Florist shops.
Food, grocery, meat, fish, bakery and delicatessen stores.
Garden supply, tool and seed stores.
Gift shops.
Handball courts, racquetball courts and exercise and reducing salons.
Hardware stores.
Hobby shops for the sale of goods to be assembled and used off the premises.
Household furnishings, fixtures and accessory stores not exceeding 2,500
square feet of gross floor area.
Interior decorating establishments.
Jewelry stores.
Launderettes.
Leather goods stores.
Liquor stores, municipally owned, off-sale.
Locksmith shops.
Medical and dental clinics.
Music and video sales and rental stores.
Musical instruments stores and repair shops.
850 - 91
City of Edina Land Use, Platting and Zoning 850.16
Newsstands.
Offices, including both business and professional.
Optical stores.
Paint and wallpaper stores not exceeding 2,500 square feet of gross floor
area.
Personal apparel stores not exceeding 2,500 square feet of gross floor area.
Picture framing and picture stores.
Repair stores and"fix-it" shops which provide services for the repair of home,
garden, yard and personal use appliances.
Restaurants, but excluding "drive-ins" and drive-through facilities.
Schools.
Second-hand stores not exceeding 2,500 square feet of gross floor area, but
excluding pawn shops.
Shoe sales or repair stores.
Sporting and camping goods stores not exceeding 2,500 square feet of gross
floor area.
Tailor shops.
Tobacco shops.
Toy shops.
Travel bureaus and transportation ticket offices.
Variety, gift, notion and soft goods stores.
Vending machines which are coin or card operated, but excluding amusement
devices.
Subd. 3 Principal Uses in PCD-2.
Any principal use permitted in PCD-1.
Amusement and recreation establishments such as amusement arcades,
850 - 92
City of Edina Land Use, Platting and Zoning 850.16
commercial bowling alleys and pool halls.
Animal hospitals and kennels, but excluding establishments with outside
runs.
Automotive accessory stores, but excluding repair and service garages.
Blueprinting, printing and photostating establishments.
Business machine sales and service shops.
Catering establishments.
Clothing stores.
Clubs, lodge halls and meeting rooms, offices and other facilities for
non-profit organizations.
Department stores not exceeding 40,000 square feet of gross floor area.
Dry goods stores.
Electrical and household appliance stores,including radio and television sales
and service.
Exterminating offices.
Fabric stores.
Frozen food stores including the rental of lockers in conjunction therewith.
Furniture stores including upholstering when conducted as an incidental part
of the principal use.
Fraternal,philanthropic and charitable institution offices and assembly halls.
Furrier shops including the storage and conditioning of furs when conducted
as an incidental part of the principal use.
Home repair, maintenance and remodeling stores and shops.
Hotels, motels and motor inns.
Household furnishings, fixtures and accessories stores.
850 - 93
City of Edina Land Use, Platting and Zoning 850.16
Laboratories, medical and dental.
Office supplies stores.
Orthopedic and medical appliance stores, but excluding the manufacturing
or assembly of appliances or goods.
Paint and wallpaper stores.
Personal apparel stores.
Pet shops.
Photography studios.
Post offices.
Public utility service stores.
Rental agencies for the rental only of clothing, appliances, automobiles,
cartage trailers, and household fixtures, furnishings and accessories,
excluding pawn shops.
Schools for teaching music, dance or business vocations.
Sporting and camping goods stores.
Taxidermist shops.
Telegraph offices.
Theaters, but excluding outdoor or "drive-in" facilities.
Ticket agencies.
Trading stamps redemption stores.
Undertaking and funeral home establishments.
Subd 4. Principal Uses in PCD-3.
Any principal use permitted in PCD-2.
Automobile agencies selling or displaying new, unused vehicles.
850 - 94
City of Edina Land Use, Platting and Zoning 850.16
Boat and marine stores or agencies selling or displaying new, unused boats.
Department stores or shopping centers exceeding 40,000 square feet of gross
floor area.
Subd S. Principal Uses in PCD-4.
A. Automobile service centers.
B. Car washes.
C. Gas stations.
Subd. 6 Accessory Uses in PCD-1.
A. Off-street parking facilities.
B. Buildings for the storage of merchandise to be retailed by the related
principal use.
C. Not more than two amusement devices.
Subd. 7. Accessory Uses in PCD-2.
A. All accessory uses allowed in PCD-1.
B. Drive-through facilities.
C. Amusement devices.
Subd. 8. Accessory Uses in PCD-3.
A. All accessory uses permitted in PCD-1 and PCD-2.
B. Automobile or boat and marine stores or agencies selling used
automobiles or boats, if(i) such a use is accessory to and on the same lot as
a related principal use selling new automobiles or boats, and (ii) the total
floor area and lot area devoted to the accessory use does not exceed that of
the principal use.
C. Repair garages for servicing motor vehicles, if such a use is on the same
lot as an automobile agency.
Subd. 9 Accessory Uses in PCD-4.
850 - 95
City of Edina Land Use, Platting and Zoning 850.16
A. Accessory car washes.
B. Retail sales of convenience goods.
C. Gasoline sales accessory to a car wash.
Subd. 10 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Floor Area Ratio.
PCD-1 1.0 of the tract
PCD-2 1.5 of the tract
PCD-3 0.5 of the tract
PCD-4 0.3 of the tract
B. Setbacks (Subject to the requirements of paragraphs A. and B. of
Subd. 11 of this Subsection).
Interior
Front Side Side Rear
Street Street Yard Yard
PCD-1 35'* 25'* 25'* 25'*
PCD-2 35'* 25'* 25'* 25'*
PCD-3 501* 50'* 50'* 50'*
PCD-4: Gas Stations 35' 25' 25' 25'
All other uses 45' 25' 45' 25'
* or the building height if greater.
C. Maximum Building Height.
PCD-1 Two stories.
PCD-2 Four stories or 50 feet whichever is less.
PCD-3 No maximum; height is determined by setbacks.
PCD-4 One story.
Subd. 11 Special Requirements. In addition to the general requirements described
850 - 96
City of Edina Land Use, Platting and Zoning 850.16
in Subsection 850.07, the following special requirements shall apply:
A. Established Average Front Street Setback for PCD-1, PCD-2 and PCD-3.
When more than 25 percent of the frontage on one side of the street
between intersections is occupied by buildings having front street setbacks
of greater or lesser distances than hereafter required, then the average
setback of the existing buildings shall be maintained by all new or relocated
buildings on the same side of that street and between the intersections. If
a building is to be built or relocated where there is an established average
setback, and there are existing buildings on only one side of the building or
relocated building, the front street setback of the new or relocated building
need be no greater than that of the nearest adjoining principal building. If
a building is to be built or relocated where there is an established average
setback and there are existing buildings on both sides of the new or relocated
building, the front street setback need be no greater than that which would
be established by connecting a line parallel with the front line connecting the
most forward portion of the adjacent principal building on each side.
B. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear
yard setbacks including parking setbacks and loading facility setbacks apply
only when the side or rear lot line is a Planned Commercial District
boundary.
C. Proximity to R-1 District. The following minimum distance shall exist
between buildings in the Planned Commercial District and the nearest lot line
of an R-1 District lot used for residential purposes:
Building Height Distance to R-1 District
5 - 6 stories Twice the building height of the building
in the Planned Commercial District.
7 - 8 stories Four times the building height of the
building in the Planned Commercial
District.
9 or more stories Six times the building height of the
building in the Planned Commercial
District.
D. Storage. All materials, supplies, merchandise and other similar materials
not on display for direct sale, rental or lease to the ultimate consumer shall
be stored within a completely enclosed building or within the confines of a
completely opaque wall or fence capable of completely screening all the
materials from adjoining properties. The wall or fence under no
850 - 97
City of Edina Land Use, Platting and Zoning 850.16
circumstances shall be less than five feet in height.
E. Displays. Merchandise which is offered for sale may be displayed outside
of buildings in the PCD-1, PCD-2 and PCD-3 subdistricts, provided the area
occupied by the display shall not exceed ten percent of the gross floor area
of the building or portion thereof housing the principal use. No displays
shall be permitted within that half of the required front street or side street
setback nearest the street, nor within any required side yard or rear yard
setback. Agencies selling automobiles or boats, as permitted by this Section,
may display automobiles or boats outside of a building if the area used for
the displays shall comply with all the standards for a parking lot including
construction, setbacks, landscaping and screening as contained in this
Section.
F. Minimum Building Size. The minimum size for any building housing one
or more principal uses in the PCD-1, PCD-2 or PCD-3 subdistricts shall be
1,000 square feet of gross floor area within the first story.
G. Outdoor Sales, Tent Sales and Trailer Sales Prohibited. Except for the
dispensing of motor fuels and the use of drive-through facilities permitted by
this Section, all sales of products and merchandise, and dispensing of
services, shall be conducted from within the confines of a permanent building
totally enclosed by four walls and a roof. The sale of products and
merchandise, and the dispensing of services, from a motor vehicle, trailer,
tent or other temporary structure or shelter, or outside of a permanent
building as above described, is prohibited.
H. Building Design and Construction. In addition to the other restrictions
of this Section and of Section 410 of this Code, the use, construction,
alteration or enlargement of any building or structure within the Planned
Commercial District shall meet the following standards:
1. All exterior wall finishes on any building shall be one or a
combination of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces
have been integrally treated with an applied decorative
material or texture;
d. factory fabricated and finished metal framed panel
construction if the panel materials are any of those noted
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City of Edina Land Use, Platting and Zoning 850.16
above; or
e. glass or prefinished metal (other than unpainted
galvanized iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall
be constructed of the same materials as the original building and shall
be designed in a manner conforming to the original architectural design
and general appearance.
I. Performance Standards. All business operations shall conform to the
performance standards established by this Section for the Planned Industrial
District provided that the performance standards shall be applied, and must
be complied. with, at the boundaries of the lot on which the business
operations take place.
J. Maximum Business Establishment Size in PCD-1 Subdistricts. No use in
the PCD-1 subdistrict shall exceed 12,000 square feet of gross floor area or
the lesser gross floor area as is imposed on the use by Subd. 2 of this
Subsection 850.16.
K. Drive-In Uses. Except for the dispensing of motor fuels, drive-in uses
shall not be permitted. Nothing herein contained, however, prohibits
accessory drive-through facilities where permitted by this Subsection 850.16.
L. Automobile Service Centers and Gas Station Standards.
1. Minimum lot area:
a. for an automobile service center, 20,000 square feet, plus
5,000 square feet for each service bay in excess of three.
b. for a gas station, 15,000 square feet.
2. Maximum lot area: 60,000 square feet.
3. Hydraulic hoists, pits, lubrication, washing, repairing and
diagnostic equipment shall be used and stored within a building.
4. Interior curbs of not less than six inches in height shall be
constructed to separate driving surfaces from sidewalks, landscaped
areas and streets.
S. No automobile service station on a lot adjoining a lot in a
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City of Edina Land Use, Platting and Zoning 850.16
residential district shall be operated between the hours of 11:00 P.M.
and 6:00 A.M.
6. All driving surfaces shall be constructed and maintained in the
same manner as prescribed for parking lots by this Section.
7. No merchandise shall be displayed for sale outside a building
except in that area within four feet of the building or within pump
islands used for dispensing motor fuels.
8. No motor vehicles except those owned by the operators and
employees of the principal use, and vehicles awaiting service, shall be
parked on the lot occupied by the principal use. Vehicles being
serviced may be parked for a maximum of 48 hours.
9. Body work and painting is prohibited.
10. No buildings, driveway surfaces, parking areas or other
improvements shall be located within 110 feet of any portion of a lot
in a residential district which is used for residential purposes if
separated from the lot by a street, or within 50 feet if not so
separated by a street.
11. Pump islands shall maintain a front and side street setback of at
least 20 feet and an interior side yard and rear yard setback of at least
25 feet.
12. Notwithstanding the requirements of Subsection 850.08,
driveways and drive aisles need only provide a setback of not more
than five feet from all lot lines, subject to the requirements of
subparagraph 10. of paragraph L. of this Subd. 11.
M. Car Wash Standards.
1. A car wash shall be subject to the same standards as specified
herein for automobile service centers.
2. All waste water disposal facilities, including sludge, grit removal
and disposal equipment, must be approved by the Engineer prior to
installation.
3. Not more than one point of ingress and one point of egress shall
be allowed from any one public street to the car wash.
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City. of Edina Land Use, Platting and Zoning 850.17
850.17 Planned Industrial District (PID)
Subd. 1 Principal Uses.
A. All principal uses allowed in the Planned Office District.
B. Manufacturing, compounding, processing, packaging, treatment and
assembly of products and materials.
C. Scientific research, investigation, testing or experimentation.
D. Warehousing of non-perishable products, if the products are owned by
or consigned to the owner of the principal use or its lessee, and further, if
the owner or lessee does not establish the principal use in the capacity of a
carrier for the purpose of a freight operation.
E. Businesses that provide a service to the consumer on the consumer's
property and not on the lot occupied by the principal use, including, but not
limited to, building contractors, plumbing contractors, swimming pool
construction and service companies and exterminating offices.
F. Blueprinting, photostating and printing shops.
G. Office equipment showrooms and repair services.
H. Mini-storage warehouses for storage of domestic supplies, recreational
vehicles and equipment and other private property, if the owner of the
private property is responsible for transporting the property to and from the
principal use, and further, if the owner of the principal use does not establish
the use as a carrier for the purpose of a freight operation.
I. Animal hospitals, but excluding establishments with outside runs.
Subd. 2 Accessory Uses.
A. Warehousing of products manufactured by the principal use.
B. Offices and administrative facilities.
C. Shipping and receiving spaces, mailing rooms and order pick-up facilities.
D. Cafeterias, educational facilities, vending services and recreational
establishments for persons employed by the business comprising the principal
use.
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City of Edina Land Use, Platting and Zoning 850.17
E. Within buildings having office space comprising not less than 40,000
square feet of gross floor area, ten percent of the gross floor area may be
occupied by retail uses allowed in the PCD-1 and PCD-2 Districts, if the
accessory uses are accessible only from the interior of the principal building
and have no signs or displays relative to it visible from the outside of the
principal building.
F. Temporary retail sales pursuant to a permit issued in accordance with this
Subsection 850.17.
G. Off-street parking facilities.
H. Commercial kennels as defined in Subsection 300.01 of this Code which
are accessory to animals hospitals, but excluding kennels with outside runs.
Subd. 3 Requirements for Building Coverage, Setback and Height.
A. Minimum Tract Area. No tract of land shall be transferred to the Planned
Industrial District unless the tract measures at least ten acres in area or is
contiguous to other land in the Planned Industrial District.
B. Minimum Lot Area. Two acres.
C. Minimum Building Area. Each building shall have a gross floor area of
not less than 10,000 square feet.
D. Maximum Building Coverage.
1. Lots of less than three acres: 30 percent.
2. Lots of three acres or more: 45 percent.
a. may be increased to 60 percent if the total gross floor area
on the lot is contained within a single building and all portions
of any loading docks and berths are completely enclosed within
the same single building.
E. Maximum FAR: 0.5
1. May be increased to 0.6 for buildings which qualify for 60 percent
building coverage as provided in paragraph D of Subd. 3 of this
Subsection 850.17.
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City of Edina Land Use, Platting and Zoning 850.17
F. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
501* 50'* 20'* 20'*
* or the building height if greater.
G. Maximum Building Height. Four stories or 50 feet whichever is less.
Subd. 4 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply:
A. Increased Front Street and Side Street Setbacks. The minimum setback
from a street shall be increased to 75 feet if the tract is located across the
street from property in a residential district used for residential purposes.
B. Increased Side Yard and Rear Yard Setbacks. The minimum setback from
an interior lot line shall be increased to 100 feet if the lot line adjoins
property in a residential district used for residential purposes.
C. Temporary Retail Sales and Going out of Business Sales Permits.
1. The Manager may grant a permit for a temporary retail sale or
going out of business sale, if:
a. the temporary retail sale shall not exceed three consecutive
days, and the going out of business sale shall not exceed ten
consecutive days;
b. not more than two temporary retail sale permits may be
issued to any one person, firm, affiliate, subsidiary or building
in a calendar year, and further provided that the two permitted
sales must occur at least 60 days apart. Not more than one
going out of business sale permit may be issued to any one
person, firm, affiliate or subsidiary in a three-year period; and
c. an application for the permit must be filed with the Planner
on forms provided by the Planner not less than 30 days before
the beginning of the sale. The application shall be co-signed by
the owner of the lot or building and accompanied by an
application fee as specified in Section 185 of this Code.
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City of Edina Land Use, Platting and Zoning 850.17
2. The Manager shall not issue a permit without fording that:
a. the sale will not impair the safe movement of traffic in the
vicinity and will not impact surrounding residential areas;
b. adequate facilities for off-street parking are available;
c. all buildings housing the sale have adequate fire protection
facilities and ingress and egress for the public;
d. the sale will not conflict with other scheduled sales in the
vicinity;
e. prior sales conducted by the applicant conformed to the
requirements of this Section; and
f. adequate personnel for public safety purposes will be provided
by the applicant.
3. Additional requirements:
a. all goods shall be displayed and sold within the principal
building;
b. no goods may be shipped to the building or lot especially for
the temporary retail sale or going out of business sale; and, if
requested, an inventory audit, spot check or verification of goods
for sale shall be given to the Manager within ten days before the
sale; and
c. a permit granted and unused may be transferred to another
day or days by the Manager upon written request received by
the Manager at least ten days prior to the requested sale.
D. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building within the Planned Industrial District shall meet
the following standards:
1. All exterior wall finishes on any building shall be one or a
combination of the following materials:
a. face brick;
b. natural stone;
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City of Edina Land Use, Platting and Zoning 850.17
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel
construction if the panel materials are any of those noted above;
or
e. glass or prefinished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory
buildings constructed after the erection of an original building or
buildings shall be constructed of materials comparable to those used
in the original construction and shall be designed in a manner
conforming to the original architectural design and general
appearance.
E. Restrictions, Controls and Design Standards. Uses which because of the
nature of their operation are accompanied by an excess of noise, vibration,
dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted.
These residual features shall be considered as "excessive" when they either
exceed or deviate from the limitations set forth in the following performance
specifications.
1. Noise. Noise shall be measured on any property line of the tract
on which the use is located. Noise shall be muffled so as not to
become objectionable due to intermittence, beat frequency, shrillness
or intensity. At the property line, the sound pressure level of noise
radiated continuously from a facility shall not exceed the decibel
levels given in the following table. The sound pressure level shall be
measured with a sound level meter and on an associated octave band
analyzer, both of which shall be manufactured according to current
specifications prescribed by the American Standard Association.
Measurement shall be made using the flat network of the sound level
meter.
Octave Band Frequency Maximum
(Cycles Per Second) Decibel Level
20-75 65
76-150 60
151-300 55
301-600 46
601-1200 40
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City of Edina Land Use, Platting and Zoning 850.17
1201-2400 34
2401-4800 31
Over 4800 28
2. Vibration. No use shall at any time cause earth vibrations
perceptible beyond the limits of the tract on which the use is located.
3. Dust and Dirt. Solid or liquid particles shall not be emitted at any
point in concentrations exceeding 0.3 grains per cubic foot of the
conveying gas or air. For measurement of the amount of particles in
gases resulting from combustion, standard corrections shall be applied
to a stack temperature of 500 degrees Fahrenheit and 50 percent
excess air.
4. Smoke. Measurement shall be at the point of emission. The then
most recent Ringleman Smoke Chart published by the United States
Bureau of Mines shall be used for the measurement of smoke and is
hereby adopted and incorporated into this Section by reference and
made a part of this Section. Smoke not darker or more opaque than
No. 1 on the chart may be emitted. However smoke not darker or
more opaque than No. 2 on the chart may be emitted for periods not
longer than four minutes in any 30-minute period. These provisions,
applicable to visible grey smoke, shall also apply to visible smoke of
a different color but with an equivalent apparent opacity.
S. Odor. The use shall not, at any time, cause the discharge of toxic,
noxious or odorous matter beyond the confines of the principal
building in such concentrations as to be detrimental to or endanger
the public health, welfare, comfort or safety.
6. Glare. Glare, whether directed or reflected, such as from
spotlights or high temperature processes, and as differentiated from
general illumination, shall not be visible beyond the limits of the tract
from which it originates.
7. Liquid Wastes. Liquid wastes containing any organic or toxic
matter shall be discharged either into a public sanitary sewer or
treated in a manner prescribed by the Health Department. The rate
of liquid waste discharged into the City's sanitary sewerage system
shall not exceed 200 gallons per lot per hour between the hours of
9:00 A.M. and 12:00 noon.
In order to ensure compliance with the performance standards set forth
above, the Planner may require the owner or operator of any use to make,
without cost to the City, investigations and tests as the Planner deems
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City of Edina Land Use, Platting and Zoning 850.18
necessary, to show adherence to the performance standards. The
investigations and tests shall be done by an independent testing organization
approved by the Planner.
F. Mini-Storage Warehouse Standards.
1. No doors through which personal property is loaded or unloaded
shall be located on a side of a building which faces a residential
district.
2. In addition to the requirements in this subsection for temporary
retail sales permits, the following requirements shall apply:
a. no more than two temporary retail sale permits per principal
building, or per lot if there is more than one principal building
on the lot, shall be issued annually in accordance with the
provisions of this paragraph; and
b. the permit shall be applied for only by the owner of the
principal building, the intention being that each lessee within the
mini-storage building shall not be eligible individually for a
temporary retail sales permit.
3. Only non-perishable and non-volatile products may be stored.
850.18 Regional Medical District (RMD)
Subd. 1 Principal Uses.
A. Hospitals.
B. Medical and dental offices and clinics.
C. Laboratories for performing medical or dental research,diagnostic testing,
analytical or clinical work, having a direct relationship to the providing of
health services, including, but not limited to, medical research, radiology,
hematology, serology, immunology, allergy, biochemistry, basal metabolism,
microbiology, parasitology, pathology, histology, cytology, toxicology and
pharmacology. Laboratories engaged in the production or manufacture of
goods or products for commercial sale or distribution shall not be considered
laboratories within the meaning and intent of this paragraph.
Subd. 2 Accessory Uses.
A. Living quarters and recreational and educational facilities for nurses,
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City of Edina Land Use, Platting and Zoning 850.18
interns, staff members, hospital employees and volunteers, if the uses are
located within or are contiguous to the principal building.
B. Off-street parking facilities for ambulances, service trucks and
automobiles owned by tenants, employees, patients and visitors.
C. Within principal buildings having a gross floor area of 40,000 square feet
or more, ten percent of the floor area may be occupied by retail uses allowed
in the PCD-1 and PCD-2 subdistricts, if the primary function of the uses is
to serve the needs of occupants of, and visitors to, the principal use.
D. Helistops for use by helicopters involved in emergency rescue operations.
Subd. 3 Requirements for Building Coverage, Setbacks and Height.
A. FAR: 1.0.
B. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
C. Building Height. No maximum; height is determined by required
setbacks.
D. Minimum Tract Area. No tract of land shall be transferred to the
Regional Medical District unless the tract measures at least ten acres in area
or is contiguous to other land in the Regional Medical District.
Subd. 4 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply.
A. All uses shall conform to the same requirements as are established by this
Section for the Planned Office District (POD).
B. All uses shall comply with the same standards for residual features as are
established by this Section for the Planned Industrial District (PID).
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City of Edina Land Use, Platting and Zoning 850.20
850.19 Automobile Parking District (APD)
Subd. 1 Principal Uses.
A. Parking lots.
B. Parking ramps and garages.
C. Drive-through banking facilities.
Subd. 2 Requirements for Setbacks.
A. Parking Lots.
Interior
Front Side Side Rear
Street Street Yard Yard
20' 20' 10' 10'
B. Parking Ramps, Garages and Other Structures.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
Subd. 3 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply.
A. No parking ramp, garage or other structure, or any part thereof, shall be
located within 50 feet of the nearest lot line of any property in a residential
district used for residential purposes.
B. The front street or side street setback for parking ramps and garages, and
other structures, shall be increased to 50 feet when the ramp, garage or
structure is located across the street from a property in an R-1 District used
for residential purposes.
850.20 Heritage Preservation Overlay District (HPD)
Subd. 1 Purpose. The Council believes that the preservation of the buildings,
850 - 109
City of Edina Land Use, Platting and Zoning 850.20
lands, areas and districts which possess historical or architectural significance will
promote the educational, cultural and general welfare of the residents of the City,
and, therefore, establishes the zoning classification to be known as.the Heritage
Preservation Overlay District.
Subd. 2 Uses, Site Requirements. The transfer of land to the Heritage
Preservation Overlay District shall not change or affect, in any way, the uses
allowed on, and the restrictions and requirements then or thereafter applicable to,
the land under any other zoning classification in which the land is then or thereafter
located, all of which shall continue to apply; but the additional restrictions of the
Heritage Preservation Overlay District shall also apply to land once transferred to
the Heritage Preservation Overlay District.
Subd. 3 Procedure for Establishing Heritage Preservation Overlay District Zoning.
The transfer of land to the Heritage Preservation Overlay District shall be
accomplished pursuant to Subsection 850.04, Subd. 2, Paragraphs A. and E.
However, the Commission shall not review the petition and the Council shall not act
on the petition until it has received the report and recommendation of the Heritage
Preservation Board pursuant to Section 800 of this Code. In transferring any land
to the Heritage Preservation Overlay District, the interior appearance of any
buildings then located on it shall also be deemed subject to the permit requirements
of this Subsection 850.20, unless in making the transfer of any specific parcel of
land into the Heritage Preservation Overlay District, the amendment making such
transfer specifically states that the interior of any one or more buildings, specifying
the same, is not subject to the permit requirements of this Subsection.
Subd. 4 Filing of Transfer. After the transfer of any property to the Heritage
Preservation Overlay District, the Clerk shall file a certified copy of the amendment
to this Section 850 making such transfer with the office of the Register of Deeds or
the Registrar of Titles, whichever office is appropriate; but failure to file shall not
affect the validity of the transfer or the application of the provisions of this
Subsection 850.20 to the property.
Subd. 5 Permit Required for Certain Work. A permit shall be required before any
of the following work is done on or to any land within a Heritage Preservation
Overlay District or in, on or to any improvements on it.
A. Any remodeling, repairing or altering that will change in any manner the
exterior appearance, or the interior appearance, of a building, unless the
interior of the building is not subject to the permit requirements of this
Subsection 850.20 as set out in the amendment transferring the land on
which the building is situated to the Heritage Preservation Overlay District.
B. Moving a building.
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City of Edina Land Use, Platting and Zoning 850.20
C. Destroying a building in whole or in part.
D. Changing the nature or appearance of the land.
E. Constructing a new building or any other structure or improvement.
Any work for which a permit is granted pursuant to this Subsection shall be subject
to all other requirements,including other permits required, for the work under other
provisions of this Code.
Subd. 6 Procedure for Obtaining Permit.
A. Application with Building Official. A permit applicant shall be the owner
or owners of the land or building upon which or to which the work is to be
done. The permit applicant shall make application for the permit required
by Subd. 5 of this Subsection 850.20 with the Building Official on forms
provided by the Building Official. The application shall be accompanied by
the fee set forth in Section 185 of this Code and shall contain at least the
following information:
1. Description and address of the property;
2. Names of the owner or owners;
3. Plans for the work to be done under the permit, showing the same
in such reasonable detail as the Building Official shall require; and
4. If remodeling, repairing or altering is to be done, renderings or
pictures, showing the condition of the building or buildings after
completion of the proposed work.
B. Submission to and Recommendations of Planner and Heritage
Preservation Board. The Building Official shall submit the application, with
all required information, to the Planner. The Planner shall make a report
and recommendation on the application to the Heritage Preservation Board,
and the Heritage Preservation Board, after making its findings pursuant to
Section 800 of this Code, shall make its recommendation to the Planner to
approve or disapprove the issuance of the permit. The Planner shall not
authorize issuance of any permit which the Heritage Preservation Board has
disapproved.
C. Issuance of Permit. The Building Official shall issue the permit only upon
receipt of the approval of the Planner authorizing issuance of the permit.
D. Appeal by Applicant. If the Planner disapproves the issuance of the
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City of Edina Land Use, Platting and Zoning 850.20
permit, the applicant may appeal to the Board, pursuant to the provisions of
Subsection 850.04, Subd. 1 relating to appeals of administrative decisions.
E. Hearing and Order by Board. The procedure for hearings and orders by
the Board on appeals made pursuant to this Subsection 850.20 shall be the
same as for other appeals of administrative decisions made under and
pursuant to 850.04, Subd. 1, except that notice of the hearing shall be given
in the same manner as a request for a variance, and shall also be given to the
Heritage Preservation Board. The decision of the Board may be appealed to
the Council pursuant to the provisions of Subsection 850.04, Subd. 1.
F. Hearing and Decision by Council. The procedure for hearings and
decisions by the Council for appeals made pursuant to this Subsection 850.20
shall be the same as set out in Subsection 850.04, Subd. 1, except that notice
of the hearing shall be given in the same manner as a request for a variance,
and shall also be given to the Heritage Preservation Board.
Subd. 7 Maintenance of Historic Buildings and Structures. Every owner or person
in possession of a building situated on land in the Heritage Preservation Overlay
District shall keep in good repair all of the exterior portions of the building and all
its interior portions unless Subd. 3 of this Subsection 850.20 specifically states that
the interior of that building is not subject to the permit requirements of this
Subsection 850.20. However, the interior portions shall be maintained even if not
otherwise required by this Subsection where failure to maintain may cause or tend
to cause the exterior portions of the building to fall into a state of disrepair.
Subd. 8 Order to Repair, Remedies for Violation.
A. Inspection. Whenever it comes to the attention of the Building Official,
by written complaint of any person or agency, or otherwise, that a building
violates Subd. 7 of this Subsection 850.20, the Building Official, shall cause
a preliminary examination to be made of the building and premises. If it
then appears that the building violates Subd. 7 of this Subsection 850.20, the
Building Official shall cause a detailed inspection of the building to be made.
Upon completion of the inspection, if it appears that the building violates
Subd. 7 of this Subsection, the Building Official shall issue a written order
to its owner or occupant requiring repair.
B. Appeals. Any person who deems to be aggrieved by the order may appeal
the order to the Council by filing a written appeal with the Clerk within 30
days after the order's date. The appeal shall fully state the order appealed
from, the order's date and the facts of the matter. When the appeal has been
filed, the Building Official shall make a written report and submit it to the
Council. If no appeal is filed within the 30-day period, the order shall be
final.
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City of Edina Land Use, Platting and Zoning 850.20
C. Council to Call Hearing. The Council shall examine the report of the
Building Official, and if there is probable cause to believe that the building
violates Subd. 7 of this Subsection 850.20, shall have the matter set for
hearing.
D. Notice of Hearing. Notice of hearing shall be given in a form prescribed
by the Council. The form shall:
1. Set forth the street address and legal description sufficient for
identification of the premises upon which the building is located;
2. Contain a brief statement of the conditions mentioned in the
report of the Building Official which show probable cause to believe
that the building violates Subd. 7 of this Subsection 850.20;
3. State the date, hour and place of the hearing; and
4. Order all interested parties who desire to be heard in the matter
to appear before the Council to show cause why the building should
not be ordered repaired.
E. Hearing. The Council, at the hearing, shall hear and consider any
evidence offered by any person who is to be heard. The Council, at the end
of the hearing, at the same meeting or at a specified future meeting, shall
make its decision, giving its reasons, as to whether or not the building in
question violates Subd. 7 of this Subsection 850.20.
F. Order to Repair. If the Council determines that the building involved
violates Subd. 7 of this Subsection 850.20, it shall issue an order that the
building or structure be repaired. The order shall set forth the street address
of the building and a legal description of the premises sufficient for
identification. It shall contain a statement of the particulars which render
the building in violation of Subd. 7 of this Subsection, and a statement of
the work required to be done. The order shall state a reasonable time within
which the work required must be begun, and shall further specify a
reasonable time within which the work shall be completed. The time for
completion may, by Council resolution, be extended for just causes upon
written application of any interested party.
G. Penalty for Disregarding the Order. If Council's order is not followed
within the time provided in the order, as extended, the City may make the
necessary repairs through its agents, employees or contractors. The City
shall have a lien against the property as of the date of filing a certified copy
of the Council order or other evidence, in the county office necessary to give
constructive notice of the lien. The lien shall be for all reasonable expenses
850 - 113
City of Edina Land Use, Platting and Zoning 850.21
incurred in making the repairs, including administrative expenses and
attorneys' fees, and including interest on all expenses and fees from the
dates incurred until paid at the same rate of interest as is payable on unpaid
fees and expenses due the City pursuant to Subsection 850.04, Subd. 6. In
addition, noncompliance shall be a violation of this Section, and the
provisions of Subsection 850.04, Subd. 9 shall apply.
850.21 Floodplain Overlay District (FD).
Subd. 1 Statutory Authorization, Findings of Fact and Purpose.
A. Statutory Authorization. The legislature of the State of Minnesota has,
in Minnesota Statutes, Chapter 103F and Chapter 462, delegated the
responsibility to local government units to adopt regulations designed to
minimize flood losses. Therefore, the Council does adopt this Subsection
850.21.
B. Findings of Fact. In addition to the findings set forth in Subsection
850.01 of this Code, it is hereby further found and declared that:
1. The flood hazard areas of the City are subject to periodic
inundation which results in potential loss of life, loss of property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
2. This Subsection 850.21 is based upon a reasonable method of
analyzing flood hazards which is consistent with the standards
established by the Minnesota Department of Natural Resources.
3. Lands within floodplain, as hereafter defined, in the City, in their
natural state, are a valuable land resource.
4. Development within any such floodplain must be regulated on the
basis of, and with full consideration of, the impact on the whole of
that floodplain and on the watercourses and water bodies of that
floodplain.
S. Such lands are or may be subject to loss or impairment of value
and physical degradation through uncoordinated and unplanned
development.
6. Such lands are necessary and desirable to avoid rapid runoff of
surface waters, to prevent polluting materials from being carried
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City of Edina Land Use, Platting and Zoning 850.21
directly into the watercourse or water body, to preserve adequate
ground water infiltration, to protect surface and ground water
supplies, and to minimize the possibility of periodic flooding.
C. Statement of Purpose. It is the purpose of this Subsection 850.21 to
guide and regulate the orderly development of such lands to ensure
maintenance and preservation, in their natural state, of needed and desirable
natural water storage areas, and watercourses and water bodies and their
shorelines and adjacent vegetation and topography and to minimize the
possibility of, and pollution and losses resulting from, runoff and flooding,
all thereby to promote and protect the public health, safety and general
welfare.
Subd. 2 Definitions. The words and phrases used in this Subsection 850.21 shall
be subject to the rules of construction and definitions in Subsection 850.03 and, to
the extent defined below, shall have the following meanings for purposes of this
Subsection:
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor
or base below ground level on all four sides, regardless of the depth of
excavation below ground level. This definition shall apply only to this
Floodplain Overlay District Subsection and, for purposes of this Subsection,
this definition shall control over the definition in Subsection 850.03.
Channel. A natural or artificial depression of perceptible extent,with definite
beds and banks to confine and conduct, either continuously or periodically,
the waters in the respective creeks of Nine Mile Creek and Minnehaha Creek.
Commissioner. The Commissioner of Natural Resources of the State of
Minnesota.
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
Flood or Flooding. A temporary increase in the flow or stage of a stream or
in the stage of a wetland or lake that results in the inundation of normally
dry areas.
Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equalled or exceeded.
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City of Edina Land Use, Platting and Zoning 850.21
Flood Fringe. That portion of the floodplain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood
Insurance Study prepared for the City by the Federal Insurance
Administration dated November, 1979.
Floodplain. The beds proper of, and the areas adjoining, a wetland, lake or
watercourse which have been or hereafter may be covered by the regional
flood. The floodplain includes the floodway and the flood fringe.
Floodplain District or Floodplain Overlay District. A zoning district, the
boundaries of which coincide with the boundaries of the floodplain. The
floodplain district includes the floodway and the flood fringe.
Floodplain Districts. The Floodplain District, the Floodway District, and the
Flood Fringe District.
Flood-proofing. A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for the
reduction or elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse
and those portions of the adjoining floodplain which are reasonably required
to carry or store the regional flood discharge.
Map. The Official Flood Plain Zoning Map herein described.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, culvert, building,
wire, fence, stockpile, refuse, fill, structure, material, equipment, or matter
in, along, across, or projecting into any channel, watercourse, or floodplain
which may impede, retard, or change the direction of the flow of water,
either by itself or by catching or collecting debris carried by such water.
Principal Use or Structure. All uses or structures that are not accessory uses
or structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of
a stream or river influenced by a natural or man-made obstruction. In an
urban area, the segment of a stream or river between two consecutive bridge
crossings would most typically constitute a reach.
Regional Flood. A flood which is representative of large floods known to
have occurred generally in Minnesota and reasonably characteristic of what
can be expected to occur on an average frequency in the magnitude of the
100-year recurrence interval. Regional flood is synonymous with the term
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City of Edina Land Use, Platting and Zoning 850.21
"base flood" used in the Flood Insurance Study prepared for the City by the
Federal Insurance Administration dated November, 1979.
Regulatory Flood Protection Elevation. An elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the floodplain; the elevation to which uses
regulated by this Subsection 850.21 are required to be elevated or
floodproofed.
Structure. As defined in Subsection 850.03.
Variance. A modification of a specific permitted development standard
required by an applicable section of this Code, including this Subsection
850.21, to allow an alternative development standard not stated as
acceptable in the applicable section of this Code, but only as applied to a
particular property for the purpose of alleviating an undue hardship, as
defined and elaborated upon in Subsection 850.04.
Subd. 3 General Provisions.
A. Lands to Which Subsection Applies. This Subsection 850.21 shall apply
to all lands within the jurisdiction of the City shown on the Official
Floodplain Zoning Map (hereinafter described) and the attachments thereto
as being located within the boundaries of the Floodway or Flood Fringe
Districts.
B. Establishment of Official Floodplain Zoning Map. The Map, a composite
copy of which, reduced in size, is appended to this Code, and with all
explanatory information thereon,is hereby adopted by reference and declared
to be a part of this Code and is hereby designated as the Official Floodplain
Zoning Map. The Map is based upon (i) the Nine Mile Creek Watershed
District Plan and Management Profile, (ii) the Flood Insurance Study dated
November 1979 prepared for the City by the Federal Insurance
Administration, (iii) the Flood Insurance Study dated March 16, 1981
prepared for the City of Bloomington by the Federal Insurance
Administration, (iv) the Flood Boundary and Floodway Maps dated May 1,
1980 prepared for the City by the Federal Insurance Administration, (v) the
Flood Boundary and Floodway Maps dated September 16, 1981 prepared for
the City of Bloomington by the Federal Insurance Administration, (vi) the
Flood Insurance Rate Maps dated May 1, 1980, prepared for the City by the
Federal Insurance Administration, and (vii) the Flood Insurance Rate Maps
dated September 16, 1981, prepared for the City of Bloomington by the
Federal Insurance Administration. The Map, and all of the above referenced
profiles, studies and maps are on file in the office of the Planner.
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City of Edina Land Use, Platting and Zoning 850.21
C. Interpretation.
1. Minimum Requirements. In their interpretation and application,
the provisions of this Subsection 850.21 shall be held to be minimum
requirements and shall be liberally construed in favor of the City and
shall not be deemed a limitation or repeal of any other powers
granted or created by applicable ordinances or State Law.
2. Determining Boundaries. The boundaries of the floodplain districts
shall be determined by scaling distances on the Map. Where
interpretation is needed as to the exact location of the boundaries of
any district as shown on the Map, as for example where there appears
to be a conflict between a mapped boundary and actual field
conditions, and there is a formal appeal of the decision of the Planner,
the Board shall make the necessary interpretation based on elevations
on the regional flood profile and other available technical data.
Persons contesting the location of the district boundaries shall be
given a reasonable opportunity to present their case to the Board and
to submit technical evidence.
3. Abrogation and Greater Restrictions. It is not intended by this
Subsection 850.21 to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this
Subsection imposes greater restrictions, the provisions of this
Subsection shall prevail.
D. Warning and Disclaimer of Liability. This Subsection 850.21 does not
imply that areas outside the floodplain districts or land uses permitted within
such districts will be free from flooding or flood damages. This Subsection
shall not create liability on the part of the City or any officer, official, or
employee thereof for any flood damages that result from reliance on this
Subsection or any City action taken or administrative, Board, Commission,
or Council decision lawfully made hereunder.
E. Other Zoning Districts and Provisions. The inclusion of land within the
Floodplain Overlay District shall not change or affect, in any way, the uses
allowed on, and the restrictions and requirements then or thereafter
applicable to, the land under any other zoning classification in which the
land is then or thereafter located, all of which shall continue to apply, but
the additional restrictions of the Floodplain Overlay District shall also apply
to such land. Where the provisions in this Subsection 850.21 are
inconsistent with or contradictory to the provisions in any other section of
this Code, then the most stringent provisions shall apply and be complied
with.
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City of Edina Land Use, Platting and Zoning 850.21
Subd. 4 Establishment of Zoning Districts.
A. Districts.
1. Floodplain District (FD). The Floodplain District includes those
areas designated as floodway and flood fringe on the Map.
2. Floodway District (FW). The Floodway District includes those
areas designated as floodway on the Map.
3. Flood Fringe District (FF). The Flood Fringe District includes
those areas designated as flood fringe on the Map.
B. Compliance. No structure wholly or partially within the Floodplain
District shall be hereafter located, extended, converted, or structurally
altered, and no use of any land wholly or partially within the Floodplain
District shall hereafter be changed without full compliance with the terms of
this Subsection 850.21, and other applicable regulations which apply to
structures or uses within the jurisdiction of this Code. Within the Floodway
and Flood Fringe Districts, all uses not listed as permitted uses or conditional
uses in Subd. 5 and Subd. 6 of this Subsection 850.21, respectively, shall be
prohibited. Without limiting the generality of the foregoing, land use shall
be deemed to have changed when any utilities are installed in, or any road
or structure is placed on, the land. In addition, the following provisions shall
apply:
1. New manufactured homes and replacement manufactured homes
are subject to the general provisions of this Section 850 and
specifically Subd. 9 of this Subsection 850.21.
2. A building, structure or use which does not comply with the
requirements of this Subsection 850.21 shall be non-conforming, and
shall be subject to the restrictions and regulations applicable to other
non-conforming uses and non-conforming buildings, whichever is
applicable, as set out in Subsection 850.07.
3. As-built elevations for elevated or floodproofed structures must be
certified by ground surveys, and floodproofing techniques must be
designed and certified by a registered professional engineer, architect
or land surveyor as stated in paragraph H. of Subd. 10 of this
Subsection 850.21.
4. Mobile homes and mobile home parks, and travel trailers and
travel vehicles, are prohibited in the Floodplain District.
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City of Edina Land Use, Platting and Zoning 850.21
5. Garbage or waste disposal sites or systems are prohibited in the
Floodplain District.
6. Storage or processing of materials or equipment that are, in time
of flooding, flammable, explosive or potentially injurious to human,
animal or plant life is prohibited in the Floodplain District.
Subd. 5 Floodway District (FW).
A. Permitted Uses. The following uses are permitted in the Floodway
District if they comply with the standards set out in paragraph B. of this
Subd. 5.
1. Horticulture, forestry, sod farming, and wild crop harvesting.
2. Industrial-commercial loading areas and parking areas.
3. Private and public golf courses, tennis courts, driving ranges,
archery ranges, picnic grounds, swimming areas, parks, wildlife and
nature preserves, fish hatcheries, fishing areas, and single or multiple
purpose recreational trails.
B. Standards for Floodway District Permitted Uses.
1. The use shall be a permitted use in the underlying zoning district
established by this Section 850.
2. The use shall not obstruct flood flows or increase flood elevations,
and shall not involve structures, fill, obstructions, excavations or
storage of materials or equipment.
3. The use shall not involve or employ any structures located in the
floodway.
4. The use shall have received all required approvals from all other
governmental bodies having jurisdiction.
C. Conditional Uses. The following uses are conditional uses in the
Floodway District and shall be allowed only if they comply with the
standards set out in paragraph D. of this Subd. 5 and then only pursuant to
the issuance of a conditional use permit:
1. Extraction and storage of fill, dredge spoil, sand, gravel, and other
similar materials.
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City of Edina Land Use, Platting and Zoning 850.21
2. Railroads, streets, bridges, utility transmission lines, and pipelines.
3. Placement of fill.
4. Structural works for flood control such as levees, dikes and
floodwalls constructed to any height where the intent is to protect
individual structures, and levees or dikes where the intent is to protect
agricultural crops from a frequency flood event equal to or less than
the 10-year frequency flood event.
D. Standards for Floodway District Conditional Uses.
1. No fill (including fill for roads and levees), deposit, obstruction, or
other uses, shall be allowed as a conditional use if such use will cause
any increase in the stage of the regional flood or cause an increase in
flood damages in the reach or reaches affected.
2. All floodway conditional uses shall be subject to the procedures
and standards contained in Subd. 10 of this Subsection 850.21.
3. The conditional use shall be a permitted use or a conditional use
in the underlying zoning district established by this Section 850.
4. Fill, sand and gravel:
a. fill, dredge spoil and all other similar materials deposited or
stored in the floodway shall be protected from erosion by
vegetative cover, mulching, riprap or other methods acceptable
to the Planner.
b. dredge spoil sites and extraction and storage of sand, gravel
and other materials shall not be allowed in the floodway unless
a long-term site development plan is submitted to and approved
by the Planner which includes an erosion/ sedimentation
prevention element to the plan. Compliance with such approved
plan shall be a condition to any conditional use permit issued.
5. The use shall not involve or employ any structures located in the
floodway.
6. The storage or processing of materials and equipment in the
floodway is prohibited.
7. Structural works for flood control that will change the course,
current or cross-section of protected wetlands or public waters shall
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City of Edina Land Use, Platting and Zoning 850.21
be subject to the provisions of M.S. 103.
8. Structural works intended to remove areas from the floodplain
shall not be allowed in the floodway.
9. A levee, dike or floodwall constructed in the floodway shall not
cause an increase to the regional flood, and any technical analysis
submitted to the City to evidence lack of such an increase must
assume equal conveyance or storage loss on both sides of a stream.
10. No conditional use shall be allowed unless such use has received
all required approvals from all other governmental bodies having
jurisdiction.
Subd. 6 Flood Fringe District (FF).
A. Permitted Uses. Permitted uses shall be those uses of land or structures
listed as permitted uses in the underlying zoning districts established by this
Section 850. All permitted uses shall comply with the standards in
paragraphs B. and E. of this Subd. 6.
B. Standards for Flood Fringe District Permitted Uses.
1. All structures, including accessory structures, must be elevated on
fill so that the lowest floor including the basement floor is at or above
the regulatory flood protection elevation. The finished fill elevation
for structures shall be no lower than one foot below the regulatory
flood protection elevation and the fill shall extend at such elevation
at least 15 feet beyond the outside limits of the structure erected
thereon.
2. As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square
feet for the outside dimension at ground level may be internally
floodproofed to the FP-3 or FP-4 flood proofing classification in the
Building Code then being enforced in the City.
3. The cumulative placement of fill which results, at any one time, in
excess of 1,000 cubic yards of fill being located on the parcel shall be
allowable only as a conditional use, unless said fill is specifically
intended to elevate a structure in accordance with paragraph 1. of this
Subd. 6.
4. The storage of any materials or equipment shall be elevated on fill
to the regulatory flood protection elevation.
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City of Edina Land Use, Platting and Zoning 850.21
5. The provisions of paragraph E. of this Subd. 6 shall apply.
C. Conditional Uses. Any structure that is not elevated on fill or
floodproofed in accordance with subparagraphs B.1. or B.2. of this Subd. 6,
or any use of land that does not comply with the standards in subparagraphs
B.3. or B.4. of this Subd. 6, shall only be allowable as a conditional use. All
flood fringe conditional uses shall be subject to the procedures and standards
contained in paragraphs D. and E. of this Subd. 6, and in paragraph H. of
Subd. 10 of this Subsection 850.21.
D. Standards for Flood Fringe District Conditional Uses.
1. Methods other than the use of fill may be used to elevate a
structure's lowest floor above the regulatory flood protection
elevation. These alternative methods may include the use of such
things as stilts, pilings and parallel walls, or above-grade, enclosed
areas such as crawl spaces or tuck-under garages. The base or floor
of an enclosed area shall be considered above-grade and not a
structure's basement or lowest floor if: (i) the enclosed area is
above-grade on at least one side of the structure; (ii) it is designed to
internally flood and is constructed with flood resistant materials; and
(iii) it is used solely for parking of vehicles, building access or storage.
The above-noted alternative elevation methods are subject to the
following additional standards:
a. Design and Certification. The structure's design and as-built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the Building Code, and specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities are at or above the
regulatory flood protection elevation or that the structure is
designed and has been constructed so as to prevent flood water
from entering or accumulating within the structure during times
of flooding.
b. Specific Standards for Above-grade, Enclosed Areas. Above -
grade, fully enclosed areas such as crawl spaces or tuck-under
garages must be designed to internally flood and the design
plans must stipulate:
(i) the minimum area of openings in the walls where
internal flooding is to be used as a flood proofing
technique. When openings are placed in a structure's
walls to provide for entry of flood waters to equalize
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City of Edina Land Use, Platting and Zoning 850.21
pressures, the bottom of all openings shall be no higher
than one-foot above grade. Openings may be equipped
with screens, louvers, valves, or other coverings or
devices, provided that they permit the automatic entry
and exit of flood waters.
(ii) that the enclosed area will be designed of flood
resistant materials in accordance with the FP-3 or FP-4
classifications in the Building Code, and shall be used
solely for building access, parking of vehicles or storage.
2. Basements shall be subject to the following:
a. residential basement construction shall not be allowed below
the regulatory flood protection elevation.
b. non-residential basements may be allowed below the
regulatory flood protection elevation, provided the basement is
structurally dry by being floodproofed in accordance with
subparagraph 3. of paragraph D. of this Subd. 6.
3. All areas of non-residential structures, including basements, to be
placed below the regulatory flood protection elevation shall be
floodproofed in accordance with the structurally dry floodproofing
classifications in the Building Code. Structurally dry flood proofing
must meet the FP-1 or FP-2 floodproofing classification in the Building
Code, which shall require making the structure watertight with the
walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy. Structures
floodproofed only to the FP-3 or FP-4 classification in the Building
Code shall not be permitted.
4. When at any one time more than 1,000 cubic yards of fill or other
similar material is located on a parcel for such activities as on-site
storage, landscaping, sand and gravel operations, landfills, roads,
dredge spoil disposal or construction of flood control works, an
erosion/sedimentation control plan must be submitted to and
approved by the Planner. The plan must clearly specify methods to
be used to stabilize the fill on site for a flood event of at least the
regional flood event. The plan must be prepared and certified by a
registered professional engineer or other qualified individual
acceptable to the Planner. The plan may incorporate alternative
procedures for removal of the material from the floodplain if adequate
flood warning time exists. Compliance with such approved plan shall
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City of Edina Land Use, Platting and Zoning 850.21
be a condition to any conditional use permit issued.
S. Storage of Materials and Equipment:
a. the storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life is prohibited.
b. storage of other materials or equipment may be allowed if
readily removable from the area within the time available after
a flood warning and in accordance with a plan approved by the
Planner.
6. The provisions of paragraph E. of this Subd. 6 shall also apply.
E. Standards Applicable to All Flood Fringe District Uses:
1. All principal structures constructed, erected or placed in the flood
fringe after the effective date of this Section must have vehicular
access at or above an elevation not more than two feet below the
regulatory flood protection elevation. If a variance to this
requirement is granted, the Board must specify limitations on the
period of use or occupancy of the structure during times of flooding
and only after determining that adequate flood warning time and local
flood emergency response procedures exist.
2. Accessory commercial uses of land, such as yards, railroad tracks,
and parking lots, may be at elevations lower than the regulatory flood
protection elevation. However, a permit allowing such facilities to be
used by employees or the general public shall not be granted unless
there is a flood warning system that will provide adequate time for
evacuation if the area is about to be inundated to a depth greater
than two feet or to be subject to flood velocities greater than four feet
per second.
3. For manufacturing and industrial uses measures shall be taken to
minimize interference with normal plant operations, especially along
streams having protracted flood durations. Accessory land uses such
as yards and parking lots may be at lower elevations than the
regulatory flood protection elevation, subject to requirements set out
in subparagraph 2. of paragraph E. of this Subd. 6.
4. Fill allowed by this ordinance shall be properly compacted and the
slopes shall be properly protected by the use of riprap, vegetative
cover or other method acceptable to the Planner.
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City of Edina Land Use, Platting and Zoning 850.21
S. Floodplain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary
watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Map.
6. All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists flotation, collapse
and lateral movement. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable State or City anchoring
requirements for resisting wind forces.
7. No use shall be allowed as a permitted or conditional use unless
such use has received all required approvals from all other
governmental bodies having jurisdiction.
Subd. 7 Subdivisions. No land shall be platted or subdivided, as defined in
Section 810 of this Code, which is determined by the City to be unsuitable for
platting or subdivision by reason of potential flooding, inadequate drainage, water
supply or sewage treatment facilities. Each lot within the Floodplain District shall
contain a building site at or above the regulatory flood protection elevation. All
plats and subdivisions shall have water and sewage treatment facilities that comply
with the provisions of this and other applicable provisions of this Code. All plats
and subdivisions shall have road access both to the plat and subdivision and to the
individual building sites no lower than two feet below the regulatory flood
protection elevation. For all subdivisions in the Floodplain District, the regulatory
flood protection elevation and the required elevation of all access roads shall be
clearly labelled on all required subdivision maps, surveys and documents submitted
to the City, and also, to the extent permitted by law, on those recorded or filed with
Hennepin County.
Subd. 8 Public Utilities, Railroads, Roads and Bridges.
A. Public Utilities. All public utilities and facilities such as gas, electrical,
sewer, and water supply systems now or hereafter located in the floodplain
shall be floodproofed in accordance with the City's Building Code or elevated
to above the regulatory flood protection elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges now
or hereafter located in the floodplain shall comply with Subd. 5 of this
Subsection 850.21 if in the Floodway District, and with Subd. 6 of this
Subsection 850.21 if in the Flood Fringe District. Elevation to the regulatory
flood protection elevation shall be provided where failure or interruption of
these transportation facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly functioning of the
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City of Edina Land Use, Platting and Zoning 850.21
area. Minor or auxiliary roads or railroads may be constructed at a lower
elevation where failure or interruption of transportation services would not
endanger the public health or safety.
C. On-site Sewage Treatment and Water Supply Systems. New or
replacement water supply systems or sanitary sewerage systems must be
designed to minimize or eliminate infiltration of flood waters into such
systems. Sanitary sewerage systems must be designed to minimize or
eliminate discharges from such systems into flood waters. On-site waste
disposal systems must be located to avoid impairment to them or
contamination from them during flooding. Any sewage treatment system
designed in accordance with the State's current statewide standards for
on-site sewage treatment systems shall be determined to be in compliance
with this Subsection 850.21. Where a public sanitary sewer line, or public
water line, is available to serve the parcel where the on-site sewage
treatment or water supply system is located, the on-site systems shall be
discontinued and connection shall be made pursuant to Section 445 of this
Code.
Subd. 9 Manufactured Homes.
A. The placement of new or replacement manufactured homes in the Flood
Fringe District will be treated as a new structure and may be placed only if
elevated in compliance with Subd. 6 this Subsection 820.21.
B. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable State or City anchoring requirements for resisting wind
forces.
Subd. 10 Administration.
A. Planner. The Planner shall administer and enforce this Subsection
850.21.
B. Permits and Variances Required; Grounds for Variances. A conditional
use permit or variance shall be applied for and obtained pursuant hereto
prior to the construction, erection, addition, alteration or change of use of
any obstruction wholly or partly in the Floodplain District which is not a
permitted use or which does not comply with all the requirements of this
Subsection 850.21, and prior to the change of use of any land, which use is
wholly or partly in the Floodplain District which is not a permitted use or
which does not comply with all of the requirements of this Subsection
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City of Edina Land Use, Platting and Zoning 850.21
850.21. Variances may be granted only in the event that strict enforcement
of the literal provisions of this Subsection 850.21 will cause undue hardship
because of circumstances unique to the individual property under
consideration, and only if the action allowed by such variance will be in
keeping with the spirit and intent of this Section 850. Undue hardship shall
have the same meaning, and shall be interpreted in the same way, as in
Subd. 1 of Subsection 850.04.
C. Applications for Conditional Use Permits and Variances. Applications for
conditional use permits and variances under this Subsection 850.21 shall be
made, in duplicate, by the owner or owners of the land, to the Planner, on
forms furnished by the Planner, and shall be accompanied initially by such
of the following information, data and plans as is deemed necessary by the
Planner for determining compliance with this Subsection 850.21, evaluating
the application and determining the effects of the proposed activity on the
creek, marshes, wet areas and water bodies in the Floodplain District and the
suitability of the particular site for the proposed improvement, use,
obstruction or variance. The application shall also be accompanied by the
fee set forth in Section 185 this Code.
1. For a Variance:
a. plans, including a survey by a Minnesota registered land
surveyor, in duplicate, drawn to scale, showing the nature,
location, dimensions, and elevation of the lot, existing and
proposed obstructions, the relationship of the lot and existing
and proposed obstructions to the location of the channel,
marshes, wet areas and water bodies, surface water drainage
plans and floodproofing measures.
b. a receipt, signed by the applicant, of a notice from the
Planner stating, essentially, that (i) the issuance of a variance to
construct a structure below the level of the regional flood will
result in increased premium rates for flood insurance up to as
much as$25.00 for each$100.00 of insurance coverage, and (ii)
such construction below the level of the regional flood increases
risks to life and property.
2. For a Conditional Use Permit:
a. plans and survey as required for a variance, but to be
submitted in triplicate.
b. a valley cross-section showing the channel of the stream,
elevation of land areas adjoining each side of the channel,
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City of Edina Land Use, Platting and Zoning 850.21
cross-sectional areas to be occupied by the proposed
development,high water information, all drainage areas, all land
forms and adjacent marshes, wet areas and water bodies.
c. plans (surface view), including a survey by a Minnesota
registered land surveyor, showing elevations or contours of the
ground, pertinent obstruction elevations, size, location, and
spatial arrangement of all proposed and existing obstructions on
the lot, location and elevations of streets, water supply and
sanitary facilities, photographs showing existing land uses and
vegetation upstream and downstream, and soil types.
I profile showing the slope of the bottom of the channel or
flow line of the stream.
e. specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel improvement,
storage of materials, water supply (including withdrawal and
discharge of ground and surface water) and sanitary facilities.
f. description of the water quality if other than a municipal
water system is used, maximum yearly withdrawal of ground
water, and the impact on the receiving creek, marsh, wet area
or water body of discharged surface and ground water.
g. statement of the private and public benefits anticipated from
the proposed activity, the alternatives to the proposed activity,
the effect of the proposed activity on the capacity of the
floodplain and on flood heights, and the adverse effect, if any,
on the floodplain and the creek, marshes, wet areas and water
bodies in the floodplain which cannot be avoided if the special
permit or variance is granted.
D. Submission of Application.
1. For a Conditional Use Permit. Within 45 days after receipt of the
application for a conditional use permit, fee and initial information
requested, the Planner shall review the application and submit it to
the Engineer, and to the Nine Mile Creek Watershed District or the
Minnehaha Watershed District, whichever district is appropriate, and,
with his report, to the Commissioner.
2. For a Variance. Within 45 days after receipt of the application for
a variance, fee and initial information requested, the Planner shall
review the application and submit it to the Engineer, the Nine Mile
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City of Edina Land Use, Platting and Zoning 850.21
Creek Watershed District or the Minnehaha Watershed District,
whichever district is appropriate, and, with his report, to the Board.
E. Issuance of Conditional Use Permit. Upon approval of the application
therefor by the Council, the Planner shall issue the conditional use permit.
However, prior to issuance of the permit, the Planner shall determine that
the applicant has obtained all necessary State and federal permits for the
conditional use.
F. Issuance of Variance; Reports. Upon approval of the application therefor
by the Board, or the Council upon any appeal of a decision of the Board, the
Planner shall issue the variance. However, prior to issuance of the variance,
the Planner shall determine that the applicant has obtained all necessary
State and federal permits for the obstruction or use allowed by the variance.
G. Recommendation of, and Technical Assistance from, Watershed District.
The Planner, Board, Commission or Council shall, at any time and relative
to each application, use or obstruction, transmit the information received to
the appropriate watershed district for advice, recommendations or technical
assistance as to the hydrological effect or general impact of any such
application, use or obstruction on the floodplain, flood heights, flood
velocities or as to the seriousness of flood damage to the use, the adequacy
of plans for protection, compliance with this Subsection 850.21 or other
technical matters. The Planner, Board,Commission or Council shall withhold
decision on granting or allowing any conditional use permit, variance use or
obstruction until such advice, recommendations or assistance are received.
H. Certificate of Zoning Compliance. Upon completion of any work or
project pursuant to a conditional use permit or variance granted pursuant to
this Subsection 850.21, and prior to the use or occupancy of the land or
obstruction permitted by the conditional use permit or variance, a certificate
of zoning compliance shall be issued therefor by the Planner stating that the
use of the land or obstruction conforms to the requirements of this
Subsection 850.21. Prior to issuance of such certificate, the applicant
therefor shall submit a certification by a registered professional engineer,
architect or land surveyor, as appropriate, that the permitted obstructions,
including, but not limited to, finished fill and building floor elevations, flood
proofing or other flood protection measures, have been completed in
compliance with the provisions of this Subsection and in compliance with the
information given to the City in connection with the application for the
conditional use permit or variance.
I. Records of Elevation. The Building Official shall maintain a record of the
elevation of the basement floor, or first floor if there is no basement, of all
structures constructed or placed in the Floodplain District from and after
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City of Edina Land Use, Platting and Zoning 850.21
April 23, 1980, and of all additions made after April 23, 1980 to structures
in the Floodplain District as of April 23, 1980. The Building Official shall
also maintain a record of the elevations to which such structures or such
additions to structures are floodproofed.
J.- Variance Records; Reports. The Planner shall maintain a record of all
variance actions, including justification for their issuance and including a
copy of the notice referred to at subparagraph Lb. of paragraph C. of this
Subd. 10. A report of variances issued shall be included in the City's annual
or biennial report to the Administrator of the National Flood Insurance
Program.
Subd. 11 Powers and Duties of Zoning Board of Appeals, Procedures for Variances
and Appeals, Conditional Use Permits.
A. Zoning Board of Appeals.
1. Powers and Duties. The Board shall hear and decide all appeals
in which it is alleged there is an error in any order, requirement,
decision or determination made by an administrative officer in the
enforcement of this Subsection 850.21, and all requests for variances
in connection with this Subsection, in the same manner, including
notices, as it hears and decides appeals and requests for variances
under Subsection 850.04, except as otherwise herein provided.
2. Procedure for Variances. After receipt by the Board of the report
of the Planner, together with the application for a variance and initial
information requested by the Planner, the Board shall hear and decide
upon such application in the same manner, including notices, as it
hears and decides upon variances under Subsection 850.04, except:
a. no variance shall have the effect of permitting a residential
structure to be at a lower elevation than the regulatory flood
protection elevation for the individual property under
consideration;
b. no variance shall have the effect of permitting a
non-residential structure to be at a lower elevation than the
regulatory flood protection elevation for the individual property
under consideration unless such structure is floodproofed to the
FP-1 or FP-2 classification in the Building Code;
c. no variance shall allow standards or criteria lower than those
required by applicable State Law; and
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City of Edina Land Use, Platting and Zoning 850.21
d. in deciding upon any variance the Board shall also consider
the policies and purposes of this Subsection 850.21 and all of
the applicable standards and conditions set out in this
Subsection, and the degree of conformity with such standards
and conditions as will result if the variance is granted.
3. Procedure for Appeals. Appeals to the Board shall be made and
acted upon by the Board, and, if appealed to the Council, such appeal
shall be made, and shall be heard and acted upon, by the Council in
accordance with the provisions, including notices, of Subsection
850.04, relative to the subject matter of the appeal.
B. Conditional Use Permits, Factors to Consider.
1. Planning Commission. The Commission shall hear all requests for
conditional use permits under this Subsection 850.21, and shall make
its recommendation to the Council, in the same manner, including
notices, as it hears and reviews applications for conditional use
permits under Subsection 850.04.
2. Council. The Council shall hear all requests for conditional use
permits under this Subsection 850.21, and shall make its decision
thereon, in the same manner, including notices, and subject to the
same requirements and conditions, as it hears and decides upon
applications for conditional use permits under Subsection 850.04.
3. Factors to Consider. In granting conditional use permits under this
Subsection 850.21, the Council shall consider all relevant factors,
including those in this Section, and including the following:
a. the danger to life and property due to increased flood heights
or velocities caused by encroachments.
b. the danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges,
culverts or other hydraulic structures.
c. the proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination, and
unsanitary conditions.
d. the susceptibility of the proposed use and its contents to
flood damage and the effect of such damage on the individual
owner.
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City of Edina Land Use, Platting and Zoning 850.21
e. the importance of the services provided by the proposed use
to the community.
f. the requirements of the use for a waterfront location.
g. the availability of alternative locations not subject to flooding
for the proposed use.
h. the compatibility of the proposed use with existing
development and development anticipated in the foreseeable
future.
i. the relationship of the proposed use to the Comprehensive
Plan and floodplain management program for the area.
j. the safety of access to the property in times of flood for
ordinary and emergency vehicles.
k. the expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
C. Conditions Attached to Conditional Use Permit.
1. The Board, and the Council on appeal, may attach such conditions
to the granting of variances as the Council or Board deems necessary
to fulfill the purposes of, and ensure compliance with, this Subsection
850.21 and other applicable sections of this Code.
2. The Commission may recommend, and the Council may impose,
such conditions to the granting of the conditional use permit as the
Council is empowered to impose on conditional use permits under
Subsection 850.04, including the following:
a. modification of waste treatment and water supply facilities.
b. limitations on period of use, occupancy, and operation.
c. imposition of operational controls, sureties, and deed
restrictions.
d. requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
e. floodproofing measures,in accordance with the Building Code
850 - 133
City of Edina Land Use, Platting and Zoning 850.21
and this Subsection 850.21. The applicant shall submit a plan
or document certified by a registered professional engineer or
architect that the flood proofing measures, as completed, are
consistent with the regulatory flood protection elevation and
associated flood factors for the particular area.
f. compliance with any plan approved by the Planner or Council
for storage or removal of any materials or equipment, or for
prevention of erosion or sedimentation.
D. Notice of Hearing Given to Commissioner, Conditional Use Permits and
Variances Forwarded to Commissioner and Watershed Districts. The Planner
shall give mailed notice to the Commissioner of each hearing for a
conditional use permit or variance under this Subsection 850.21, together
with a copy of the application for the conditional use permit or variance, not
less than ten days before the date of hearing. Also, a copy of each
conditional use permit or variance issued or granted shall be forwarded to
the Commissioner within ten days after issuance or granting thereof.
E. Lapse of Conditional Use Permit or Variance by Nonuser, Extension of
Time.
1. If within one year after the date of the meeting at which the
conditional use permit was granted or issued, or after the date of the
meeting of the Board, or the Council on appeal, at which the variance
was granted, the owner or occupant of the affected land shall not
have obtained a building permit, if one is required, and commenced
the work authorized by such conditional use permit or variance, then
the conditional use permit or variance shall become null and void
unless a petition for an extension of time in which to commence such
work has been granted, as provided herein.
2. The petition for extension:
a. shall be in writing, and filed with the Planner within said one
year period;
b. shall state facts showing a good faith attempt to use the
conditional use permit or variance; and
c. shall state the additional time requested to commence such
work.
The petition, if it relates to a conditional use permit, shall be heard and
decided in the same manner as the original petition for a conditional use
850 - 134
City of Edina Land Use, Platting and Zoning 850.21
permit, unless such procedures have been changed by amendment to this
Code, in which event the then applicable procedures shall be used. The
petition, if it relates to a variance, shall be presented to the Board for
hearing and decision, and appeal to the Council, in the same manner as the
original request for a variance, unless such procedures have been changed by
amendment to this Section, in which event the then applicable procedures
shall be used. In determining whether the petitioner has made a good faith
attempt to use such special permit or variance, the Planner, Board or Council
may consider such factors as the design, size, expense and type of the
proposed work.
Subd. 12 Non-Conforming Obstructions and Uses, Lapse, Destruction. An
obstruction or the use of an obstruction or premises, which was lawful when
constructed, placed or commenced, but which is not in conformity with the
provisions of this Section, may be continued, subject to the following conditions:
A. No such obstruction or use shall be expanded, changed, enlarged or
altered in any way without such expansion, change, enlargement or
alteration complying, in all respects, with this Section, including, but not
limited to, the obtaining of all required conditional use permits and
variances.
B. The cumulative cost (calculated at a then current cost) of all expansions
and alterations of, and additions to, any such obstruction since April 23,
1980 to the then current date shall not exceed 50 percent of the market
value of such obstruction as then determined by the Assessor for real estate
tax purposes, unless the effect of such expansions, alterations and additions
is to convert such obstruction into a conforming obstruction and use. The
City shall determine the then current cost of the cumulative cost of all such
expansions, alterations and additions using such methods as the City shall
determine.
C. If such use of such obstruction or such premises is discontinued for one
year or longer, any subsequent use of the obstruction or premises shall
comply, in all respects, with this Subsection 850.21, including, but not
limited to, the obtaining of all required conditional use permits and
variances.
D. If any non-conforming obstruction is destroyed or damaged by any
means, including floods, to the extent that the cost of repairing or restoring
such destruction or damage is 50 percent or more, as determined by the
Engineer or some other person designated by the Manager, of the cost of
re-erecting a new obstruction of like kind and quality and of the same
physical dimensions and location, then it shall not be reconstructed except
in full compliance, in all respects, with the provisions of this Section,
850 - 135
City of Edina Land Use, Platting and Zoning 850.21
including, but not limited to, the obtaining of all required conditional use
permits and variances.
Subd. 13 Right of Passage. It shall be unlawful for any person, without a
conditional use permit obtained pursuant to this Subsection 850.21, to place any
obstruction in Nine Mile Creek or Minnehaha Creek or to obstruct, in any way, the
passage of watercraft, or to interfere, in any way, with the use by the public of the
beds, banks, waters or channels of said creeks, except obstructions placed by the
appropriate watershed district and used for floodplain management, in which event
adequate provision shall be made for portaging and passage of watercraft.
Subd. 14 Removal of Obstructions.
A. Natural Obstructions. The City shall have the right of reasonable entry
upon lands in the floodplain, including those adjoining Nine Mile Creek and
Minnehaha Creek, for the purpose of ingress to and egress from the
floodplain and the beds, banks, channels and waters of the creeks and water
bodies therein to remove any natural obstructions such as, but not limited to,
trees, debris, litter and silt.
2. Artificial Obstructions. Any artificial obstruction of the beds, banks,
channels or waters of Nine Mile Creek or Minnehaha Creek or in the flood
plain made subsequent to February 8, 1973 and not made pursuant to a
permit or variance granted by the City shall be removed by the owner of the
adjoining land within ten days after mailing to such owner of a demand to
do so by the Planner. If the owner shall fail or refuse to remove the
obstruction within said time, or if the owner cannot be found or determined,
the City may remove such obstruction and the costs thereof shall be paid by
the owner on demand, and if not paid, such costs may be assessed against
the land and collected in the same manner as prescribed by law for levying
and collecting special assessments for municipal improvements.
Subd. 15 Violation, Penalties, Remedies. The provisions, penalties and remedies
set out in Subsection 850.04 shall also apply to any violation of the provisions of
this Subsection 850.21. Every obstruction or use placed or maintained in the
floodplain in violation of this Subsection 850.21 is hereby declared to be a public
nuisance, and may be enjoined and the maintenance thereof abated by appropriate
City and judicial action. As soon as reasonably possible after the Planner knows of
a violation of this Subsection, the Planner shall investigate the nature and extent of
the violation and give notice of such violation and the results of such investigation
to the Minnesota Department of Natural Resources and the Federal Emergency
Management Agency Regional Office, together with the City's proposed plan to
correct or remove the violation to the degree possible.
Subd. 16 Amendments.
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City of Edina Land Use, Platting and Zoning 850.21
A. The boundaries of the Floodplain Overlay District, as shown on the Map,
may be changed by amendment to this Subsection 850.21, but only if it can
be shown that the boundaries are in error or that an area has been filled to
or above the elevation of the regional flood and is contiguous to lands
outside the floodplain. Special exceptions of this rule may be permitted by
the Commissioner if the Commissioner determines that, through other
measures, the subject lands are adequately protected from flooding.
B. All amendments shall be submitted to the Board of Managers of the Nine
Mile Creek Watershed District and the Minnehaha Creek Watershed District,
the Commissioner, and the Federal Emergency Management Agency, and
shall be approved by the Commissioner and the Federal Emergency
Management Agency prior to adoption.
C. The Commissioner also shall be given at least ten days prior written
notice of all hearings to consider amendments to this Subsection 850.21,
including a draft of the proposed amendment and any pertinent technical
study.
History. Ord 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825 Al not published;
amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-84 825-A6 12-24-
86,
25A612-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86, 825 AlO not granted; 825 All 9-2-87,
825-Al2 12-24-86, 825-A13 referred to staff--Council minutes 1-16-87, amended by 825-A14
12-24-86, 825 A15 2-11-87, 825 A16 2-Il-87;825-Al 7 not developed;825-A18 9-2-87, 825 A19
5-27-87, 825-A20 4-29-89;825-A21 not developed;825-A22 3-23-88;825-23 referred to Planning
Commission 6-06-88, 825-A24 withdrawn; 825-A25 5-03-89, 825-A26 8-24-88; 825-A27 10-30-
91;
25A2710-30-
91;amended by 825-A28 5-03-89, 825-A29 5-03-89, 825-A30 12-13-89, 825-A31 10-25-89, 825-
A3212-20-89, 825-A33 1-31-90, 825-A34,8-29-90, 825-A35 8-29-90, 825-A36 8-29-90;825-A37
reconsidered; 825-A38 11-28-90
Reference. M.S. 103F, 429, 462, 469.001 to 469.047
Cross Reference. Sections 185, 705, 1045, 1310, 1405
Note. The Federal Emergency Management Agency ("FEMA') has established criteria for
removing the special flood hazard area designation for certain structures properly elevated on
fill above the 100 year flood elevation. FEMA's requirements incorporate speciftc fill compaction
and side slope protection standards for multi-structure or multi-lot developments. These
standards should be investigated prior to initiation of site preparation if a change of special flood
hazard area designation will be requested.
850 - 137