HomeMy WebLinkAbout1996-01 Supplement Old Pages To: Edina Code Book Users MEMORANDUM
From: Debra Mangen, City Clerk
Subject: Code Update
Date: February 9, 1996
1 am sending you the newest update for your Edina City Code book. This supplement
contains all ordinances adopted by the City Council since your last update of March 24, 1995.
Please replace the following pages as noted:
Section 185 - Replace the entire schedule with enclosed replacement Schedule A
Section 300 - Replace Section 300 with enclosed replacement Section 300
(Ord. 1995-2 Regulating the placement of electronic pet containment systems and
Ord 1995-6 Technical Corrections to the City Code)
Section 430 - Replace Section 430 with enclosed replacement Section 430
(Ord. 1995-6 Technical Corrections to the City Code)
Section 460 - Replace Section 460 with enclosed replacement Section 460
(Ord. 1995-6 Technical Corrections to the City Code)
Section 805 - Replace Section 805 with enclosed replacement Section 805
(Ord 1996-10 Increasing Number of Members of Zoning Board of Appeals)
Section 850 - Replace Section 850 with enclosed replacement Section 850
(Ord. 1996-6 Technical Corrections to the City Code and Ord 1995-10 reducing the
Numbers of Members of the Planning Commission)
Section 900 - Replace Section 900 with enclosed replacement Section 900
(Ord. 1995-11 Eliminating the Requirement that a Meal Must Be Consumed with
Wine)
Section 1040 - Replace Section 1040 with enclosed replacement Section 1040
(Ord. 1995-6 Technical Corrections to the City Code)
Section 1046 - Replace Section 1040 with enclosed replacement Section 1040
(Ord. 1995-6 Technical Corrections to the City Code)
Section 1200 - Replace Section 1200 with enclosed replacement Section 1200
(Ord. 1995-6 Technical Corrections to the City Code)
Section 1215 - Replace Section 1215 with enclosed replacement Section 1215
(Ord. 1995-8 Authorizing City Maintenance in the Grandview Area with Costs
Assessed to Benefitted Owners)
Section 1230 - Replace Section 1230 with enclosed replacement Section 1230
(Ord. 1995-6 Technical Corrections to the City Code)
Section 1235 - Replace Section 1235 with enclosed replacement Section 1235
(Ord. 1995-6 Technical Corrections to the City Code)
Section 1405 - Replace Section 1405 with enclosed replacement Section 1405
(Ord. 1995-6 Technical Corrections to the City Code)
Besides the above replacement pages I am enclosing Chapter Tabs for your code book.
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SECTION 185 - SCHEDULE A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
200 200.04 Public dance permit 535.00 1
215 215.04 Bingo occasion, gambling $10.00 per permit 5
device, raffle permit
220 220.04 Machine or amusement device 140.00 annually per establishment, 10
license plus $5.00 per machine 11
300 300.02, Redemption of impounded animals $12.00 per day for feeding and care, any veterinarian 15
Subd. 2 services and impounding fee of:
(a) If animal has not been impounded within one year 16
prior to the date of impounding - $30.00.
(b) If animal has been impounded once within the year 17
prior to the date of impounding - S55.00.
(c) if animal has been impounded twice or more within 18
one year prior to the date of impounding - $105.00.
300 300.02, Disposal of animal 515.00 per animal 19
Subd. 3
300 300.03, Dog license $25.00 per dog or $12.00 per neutered dog 20
Subd. 3
300 300:03, Dog license renewal 511.00 per dog or $8.00 per neutered dog 21
Subd. 3
300 300.03, Dog license renewal $25.00 per dog or $12.00 per neutered dog 21a
Subd. 3 (late charge after March 1)
300 300.03, Duplicate dog license tag 56.00 per duplicate tag 22
Subd. 4
300 300.04, Commercial kennel license 555.00 per year 23
Subd. 2
300 300.15 Permit for extra dogs or cats $100.00 24
405 405.01 Landscaping, screening, $100.00 25
or erosion control
site plan permit
185 — 2 Eff. 1/1/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
410 410.02, Building permit If total valuation of work is: Then amount is: 30
Subd. 1 $1.00 to 5500.00 * $22.00
$501.00 to $2,000.00 * $22.00 for first $500.00 plus 31
$2.75 for each additional
$100.00 or fraction thereof to
and including $2,000.00
$2,001.00 to $25,000.00 * $63.00 for first $2,000.00 32
plus $12.50 for each additional
$1,000.00 or fraction thereof to
and including $25,000.00
$25,001.00 to $50,000.00 * $352.00 for first $25,000.00 33
plus $9.00 for each additional
$1,000.00 or fraction thereof to
and including $50,000.00
$50,001.00 to $100,000.00 * $580.00 for first $50,000.00 34
plus $6.25 for each additional
$1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to $500,000.00 * $895.00 for the first 35
$100,000.00 plus $5.00 for each
additional $1,000.00 or fraction
thereof to and including
$500,000.00
$500,001.00 to $1,000,000.00 * $2855.00 for the first 36
$500,000.00 plus $4.25 for each
additional $1,000.00 or fraction
thereof to and including
$1,000,000.00
$1,000,001.00 and up * $4955.00 for the first 37
$1,000,000.00 plus $2.75 for
each additional $1,000.00 or
fraction thereof
* plus surcharge pursuant to M.S. 16B.70
185 - 3 af£. 3195
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
410 410.02, Reinspection fee assessed under $32.00 per hour or the total hourly cost to City, 38
Subd. 1 provisions of UBC, whichever is greatest. (Includes supervision, overhead,
Section 305 (g) equipment, hourly wages and fringe benefits of
employees involved.)
410 410.02, Building Code compliance $ 80.00 Residential 39
Subd. 1 inspection $160.00 Commercial 40
410 410.02 Residential building $ 5.00 surcharge pursuant to M.S. 326.86 41
Subd. 3 contractor, remodeler, or
specialty contractor license
verification
415 415.02 Permit for moving of building $212.00 45
415 415.02, Indemnity deposit for damages $530.00, unless licensed by Commissioner of Transportation 46
Subd. 3 sustained by moving of
building
420 420.02 Excavation permit $10.00 per 100 feet of longitudinal excavation 50
420 420.02 Monitoring well permit $50.00 per well 50a
420 420.07, Street Surface Repair:
Subd. 2 J. Under 10 square feet - $15.00/sq. ft. 51
10 - 25 square feet - $10.00/sq. ft. 52
over 25 square feet - $ 7.00/sq. ft. 53
430 430.03, Oil burner instalter's license, $ 55.00 55
Subd. 8 stoker installer's license,
steam or hot water heating
installer's license, mechanical
warm air heating and air
conditioning installer's
License, refrigeration
installer's license
430 430.03, Gas piping installer's $ 55.00 56
Subd. 8 license
185 - 4 Eff. 1/1/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
435 435.07 Gas piping permit Minimum Fee:
Residential - $22.00 plus surcharge pursuant to M.S. 16B.70 60
Commercial - $27.00 plus surcharge pursuant to M.S. 166.70 61
Fee Calculations:
$ 0 - E 1,000 * $ 16.00 plus 3.10% > $ 500.00 62
$ 1,001 - S 5,000 * S 31.50 plus 2.60% > $ 1,000.00 63
S 5,001 - $10,000 * $135.50 plus 2.15% > S 5,000.00 64
$10,001 - $25,000 * $243.00 plus 1.85% > $10,000.00 65
$25,001 - $50,000 * $520.50 plus 1.65% > S25,000.00 66
$50,001 and over * $933.00 plus 1.30% > $50,000.00 67
* plus surcharge pursuant to M.S. 166.70
435 435.07 Oil burner, stoker, steam or Minimum Fee:
hot water heating, mechanical
warm air heating and air Single Family - $22.00 plus surcharge pursuant to M.S. 168.70 68
conditioning or refrigeration Commercial - S27.00 plus surcharge pursuant to M.S. 168.70 69
permit
All fees for above permits based on contract price as follows:
$ 0 - 1,000.00 * 5 16.00 + 3.10% of anything over $ 500.00 70
1,001.00 - 5,000.00 * 31.50 + 2.60% of anything over 1,000.00 71
5,001.00 - 10,000.00 * 135.50 + 2.15% of anything over 5,000.00 72
10,001.00 - 25,000.00 * 243.00 + 1.85% of anything over 10,000.00 73
25,001.00 - 50,000.00 * 520.50 + 1.65% of anything over 25,000.00 74
50,001.00 - and over * 933.00 + 1.30% of anything over 50,000.00 75
* plus surcharge pursuant to M.S. 168.70
440 440.04 Plumbing or water
conditioning permit Fees same as for gas piping permit 75a
440 440.04 Water conditioning equipment $25.00 plus surcharge pursuant to M.S. 168.70 76
installation permit
185 — 5 Eff. 1/1/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
450 450.05 Swimming pool construction Same as the amount of the fee for a building permit 80
(see Subsection 410.02, Subd. 1, fees)
450 450.27, Public or semi-public swimming $310.00 per annum for each pool enclosed part or all of the 81
Subd. 4 pool license year
$160.00 per annum for each outdoor pool 82
450 450.27, Public or semi-public whirlpool $ 80.00 per annum for each bath or pool 83
Subd. 4 bath or therapeutic swimming
pool license
460 460.06, Sign permit S 60.00 85
Subd. 1
Bench courtesy sign permit S 12.00 per annum 86
460 460.06, Sign variance fee $100.00 for residential property 87
Subd. 6 5200.00 for commercial property S8
475 475.03, Parking ramp license 5100.00 per annum 90
Subd. 1
605 605.07 Permits required by UFC Minimum fee: 535.00 95
Special hazard permit: Class I: General hazard and fire safety inspections S 35.00 96
requiring a special hazard permit
Class II: Special hazard inspection involving various $ 50.00 97
hazardous materials and/or processes in occupancies
of buildings less than 3000 sq ft in area
Class III: Special hazard inspection primarily $125.00 98
directed at, but not limited to, buildings or
occupancies 3000 sq ft or larger where any of the
following are present:
A. Multiple hazards
B. Storage handling, and/or processes involving
dangerous or toxic materials, substances and/or
processes
C. Occupancies in which evaluation or high
valuation presents unique circumstances
185 - 6 Eff. 1/1/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
615 615.03 License to service fire $15.00 per annum per person to be licensed 100
extinguishers
620 620.04 Permit fee for cleaning of $52.00 for each permit 105
commercial cooking ventilation
system
625 625.04 Sprinkler permit fees: 110
Number of Heads
1 - 5 * $ 40.00 (minimum fee)
6 - 10 * S 65.00
11 - 20 * S 90.00
21 - 30 * $115.00
31 - 40 * $135.00
41 - 50 * S155.00
51 - 60 * $175.00
61 - 70 * $189.00
71 - 80 * 5203.00
81 - 90 * S217.00
91 - 100 * S226.00
101 - 110 * $235.00
111 - 120 * $244.00
121 - 130 * $252.00
131 - 140 * $260.00
141 - 150 * S268.00
151 - 160 * $276.00
161 - 170 * S283.00
171 - 180 * S290.00
181 - 190 * $297.00
191 - 200 * S304.00
201 Plus * $304.00 for first 200 plus 57.00 for each additional head
* plus surcharge pursuant to M.S. 16B.70
625 625.03 Fire pump installation and 582.00 118
associated hardware
Standpipe installation $82.00 119
Each additional standpipe $ 9.00 120
625 625.03 Fire alarm system permit Same as for a building permit (see Subs. 410.02, Subd 1 fees) 121
635 635.02 False fire alarm $230.00 for the third and each subsequent response within one
calendar year 125
710 710.04, Private sewage disposal system 525.00 130
Subd. 3 permit
185 - 7 Eff. 1/1/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
716 716.02 Recycling service:
Single Family S 6.06 per quarter 131
Double Bungalow S 6.06 per quarter 132
Apartments/Condos (2-8 units) S 4.80 per quarter 133
720 720.04, Food establishment license $450.00 per annum, $400.00 if certified pursuant to 135
Subd. 3 Subsection 720.04, Subd. 3 C of this Code,
plus $120.00 per annum for each additional facility
Day care, limited food $140.00 per annum 136
establishment license
Take-out food facility $300.00 per annum, $250.00 if certified pursuant to 137
License Subsection 720.04, Subd. 3 C of this Code
Packaged food sales license $135.00 per annum 138
Food warehouse license $70.00 per annum 139
Catering food establishment $450.00 per annum, $400.00 if certified pursuant to 140
License Subsection 720.04, Subd. 3 C of this Code,
plus $120.00 per annum for each additional facility
Itinerant food establishment $80.00 per event 141
License
Retail candy shop license $55.00 per annum, plus $10.00 per annum for each additional 142
facility
Potentially hazardous food $90.00 per annum 143
vehicle license
Fleet of 5 or more potentially $450.00 per annum 144
hazardous food vehicles
license
Catering food vehicle license $165.00 per annum, plus $30.00 per annum for each additional 145
vehicle
Food vehicle license 590.00 per annum 146
Fleet of 5 or more $450.00 per annum 147
food vehicles license
Pushcart License $130.00 per annum 147a
185 — 8 Eff. 1/1/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
720 720.04, Food vending machine license $15.00 per annum 148
Subd. 3
720 720.06, Food establishment plan review 1. Minimum fee - $25.00 149
Subd. 5 2. New construction - 100% of food establishment license fee 150
based upon ultimate food establishment category.
3. Addition to, remodeling, repair or renovation of existing 151
food facility - 50% of food establishment license based upon
ultimate food establishment license category.
735 735.03 Hotel, lodging or boarding Hotels - $200.00 for 1-50 rooms and $1.00 per each room 155
house license over 50
Lodging and boarding houses - $60.00 per location 156
810 810.09, Neighborhood property owner $1.00 per owner name 160
Subd. 3 C. list
810 810.09 Plat and subdivision filing fee For division of one or more lots where no new buildable
lots are created: S 50.00 per lot 161
For all other plats and subdivisions:
$400.00 plus $50.00 per lot 162
810 810.09, Developer's agreement fee for 6.5% of the total construction cost of such public
Subd. 2 City services rendered in improvements 163
connection with required street,
water and sewer improvements
185 - 9 Eff. 111195
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
815 815.03 Permit fee for antennas, dish Same fee as for a building permit 165
antennas and towers (see Subsection 410.02, Subd. 1 fees)
820 820.01 Filing of application for $100.00 170
vacation of street, alley or
easement
830 830.05, Permit fee for tree removal Same fee as for a building permit 175
Subd. 1 or grading (see Subsection 410.02, Subd. 1 fees)
830 830.05, Permit fee for open pit or Same fee as for a building permit 176
Subd. 1 excavation of 100 cubic (see Subsection 410.02, Subd. 1 fees)
feet or more
845 845.04 Restricted access parking lot $500.00 180
license
Renewals:
0-50 spaces $100.00 181
51-100 spaces $150.00 182
100-200 spaces $250.00 183
Over 200 spaces $400.00 184
850 850.04, Variance fee Residential $100.00 190
Subd. 1 C. Commercial $200.00 191
850.04, Fee for transfer of land to $400.00 for (one) R-2 lot 192
Subd. 2 A.2 another zoning district $500.00 for (two) R-2 lots 193
$700.00 for all other transfers 194
850 850.173, Temporary retail sales in PID $300.00 for first permit, $200.00 for subsequent permits 195
Subd. 4 C.1a permit
850 850.04, Conditional use permit Fee shall be equal to City staff time expended and 196
Subd. 4 A.2 City's direct costs incurred in processing application.
$500.00 deposit with application submission.
Additional deposits of $500.00 shall continue to be
made as prior deposits are expended. Deposits not
expended shall be refunded to applicant.
850 850.04, Temporary conditional use $ 75.00 197
Subd. 5 C.1 permit
850 850.10, landscaping inspection $100.00 198
Subd. 1 D.
850 850.04, Application fee for final $500.00 199
Subd. 6 development plan
185 — 10 Eff. 1/1/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
900 900.06, Club Sunday sale liquor $200.00 per annum 205
Subd. 1 license
900 900.06, Club on-sale liquor license $650.00 per annum 206
Subd. 1
900 900.06, Non-intoxicating malt liquor
Subd. 1 license:
On-sale 5220.00 per annum (renewal) 207
$280.00 per annum (new) 208
900 900.04, Off-sale $220.00 per annum (renewal) 209
Subd. 2 $280.00 per annum (new) 210
900 900.16, Temporary on-sate non- $45.00 211
Subd. 3 intoxicating matt liquor license
900 900.16, On-sale wine license Per year - Restaurants with 50 or fewer seats - 5720.00 212
Subd. 1 51 - 100 seats, inclusive - 5785.00 213
101 - 150 seats, inclusive - $850.00 214
Over 150 seats - $905.00 215
900 900.17, Manager's license 565.00 per year 216
Subd. 6.A
1020 1020.02 False automatic alarm $95.00 for the third and each subsequent response 220
1040 1040.08 loudspeaker permit 510.00 per permit 225
1045 1045.05 Variance fee for storage of $50.00 230
RV's, boats, etc.
1100 1100.03, Sewer service charge:
Subd. 2 Single family dwellings, town Based upon water usage during winter quarter.
houses, two-family dwellings, (Three month period falling between
apartment buildings November 1 and March 1)
containing four or less
dwelling units:
To and including 1600 $25.60 quarter 235
cubic feet
From 1601 cubic feet and 51.60 per 100 cubic feet 236
over
Apartment buildings with more $123.50 plus $23.00 for each unit over four, or $1.60 per 237
than four dwelling units hundred cubic feet of water used during the quarter,
whichever is greater
185 — 11 Eff. 111/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1100 1100.03, Sewer service charge: $32.00 per water meter or approved sewage metering device 238
Subd. 2 Commercial and industrial on premises, or $1.60 per hundred cubic feet of water
buitdings, including schools used during the quarter, whichever is greater
and churches
1100 1100.03, Industrial user extra strength As allocated to City by Metropolitan Waste Control Commission. 239
Subd. 3 charges
1100 1100.03, Shutting off or turning $12.50 for each turn on and for each shut off 240
Subd. 4.A on curb water stops at
customer's request or
due to non-payment of bill
1100 1100.04, Issuance of water meter Cost for model of meter issued, plus handling charges. 241
Subd. 1.0
1100 1100.03, Water service: 1. $0.56 per 100 cubic feet for areas of City, 242
Subd. 2 except areas described below in 2.
2. $1.30 per 100 cubic feet for Morningside area 243
and for east side of Beard Av. from West 54th St.
to Fuller St. and both sides of Abbott PL.
from West 54th St. to Beard Av.
3. Excessive use charge $.18/100 cubic feet 244
Meter charge: Up to 3/4 inch meter $ 6.82/quarter 245
1 inch meter 9.24/quarter
1 1/4 inch meter 10.56/quarter
1 1/2 inch meter 11.88/quarter
2 inch meter 19.14/quarter
3 inch meter 72.60/quarter
4 inch meter 92.40/quarter
Flat anrwaL charges as follows:
$2,500.00 - Park Dept for water used for sprinkling 246
and skating rinks
$1,000.00 - Street Dept for water used in flushing streets 247
1105 1105.01, Service Availability Charge $850.00 per SAC unit x number of SAC units computed as 250
Subd. 1 (SAC) pursuant to Subsection 1105.01, Subd. 1 of this Code.
1105 1105.02, Charge for connection to City Costs of connection work as assessed to property owner. 251
Subd. 1 water or sewer system
1110 1110.03, Storm water drainage charge $5.00 per quarter pursuant to formula in Subsection 1110.03 255
Subd. 1
185 — 12 Eff. 1/1/95
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1205 1205.01 Curb cut permit $35.00 260
1230 1230.07 Sidewalk cafe permit $500.00 261
1235 1235.03, Parking permit $3.00 per month, prorated 265
Subd. 2
1235 1235.03, Refund upon return of parking $3.00 per month, pro-rated 266
Subd. 2 permit sticker
1300 1300.02, Refuse or recycling $200.00 per annum for first vehicle, $50.00 for each 270
Subd. 1 hauler license additional vehicle
1305 1305.03 Scavenger license $150.00 for first license, $100.00 for each annual 275
renewal thereof
1305 1305.09, Scavenger permit $20.00 276
Subd. 1
1325 1325.03 Tobacco sale license $250.00 per location 280
1340 1340.06, License for physical culture $200.00 for business license 285
Subd. 1 and health service or club,
reducing club or salon, sauna
parlor, massage parlor or
escort service
1340 1340.06, License for individual $65.00 for individual license 286
Subd. 1 performing massage or escort
services
1340 1340.06, Individual massage license $25.00 286a
Subd. 1 (additional location)
1340 1340.06, Investigation fee at time of 565.00 287
Subd. 2 original application for an
individual license
1340 1340.06, Investigation fee for a $1,500.00 288
Subd. 2 business license
1345 1345.05 License for sexually-oriented $200.00 per annum 289
Subd. 1 businesses -
1345 1345.05 Investigation fee at time of $1,500.00 289a
Subd. 2 original application for license
1400 1400.12 Truck restrictive road permit $5.00 290
1410 1410.01 Redemption of impounded vehicle Fee in the amount as posted in Police Department. 291
185 - 13 Eff. 1/1/95
City of Edina Animals 300.01
CHAPTER 3. ANIMALS
Section 300 - Animal Control and Licensing
300.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Animal. Without limitation, livestock, rodents, dogs, cats, birds, reptiles and other
animals.
Accessory Building. A subordinate building or portion of a main building which is
located on the same lot as the main building and the use of which is clearly
incidental to the use of the main building.
Animal Enclosure. Any building or portion thereof, structure or area of any kind,
including, without limitation, pens, fenced areas and dog houses, that is principally
used or designed for use as a place for keeping of animals.
Commercial Kennel. A place where more than two dogs or other animals over six
months of age are kept, and where the business of selling, boarding, breeding,
showing, treating or grooming dogs or other animals is conducted.
Domesticated Animal. An animal domesticated by humans so as to live and breed
in a tame condition.
Impound. Seize and hold in legal custody.
Livestock. Farm animals kept for use, pleasure or profit, including, without
limitation, horses, mules, sheep, goats, cattle, swine and fowl.
Own. To own, harbor, keep or have custody of an animal or be the parent or
guardian of a person under 18 years of age who owns, harbors, keeps or has custody
of an animal.
Owner. Any person who shall own, harbor, keep or have custody of an animal or the
parent or guardian of a person under 18 years of age who shall own, harbor, keep
or have custody of an animal.
Picket. To restrain an animal by means of a chain, leash or other attachment to a
fixed object, thereby confining the animal to a determined area.
Rear Yard. A portion of an improved lot between the principal building located on
300 - 1
City of Edina Animals 300.02
such lot and the rear lines of the lot, which space is unoccupied except for accessory
buildings and the lateral boundaries of which space are coterminous with the lateral
boundaries of such lot.
a Control Officer, police officers community service I
300.02 Impounding. The Animal , p ty
officers or other person or persons designated by the Council may impound any animal
found, or, by complaint of the City, believed to be, in violation of this Section.
Subd. 1 Notice. If the identity of the owner of an impounded animal is known,
the impounder of such animal shall notify such owner as soon after such impounding
as is reasonably possible. If the identity of the owner of an impounded animal is not
known, the impounder of such animal,within 24 hours of such impounding, shall file
an impounding notice describing the animal and stating the date and place where it
was seized. Such notice shall be filed at the animal pound and the City Police
Department.
Subd. 2 Redemption. Any animal impounded for a reason other than rabies
observation or for biting a person in violation of Subsection 300.14 may be redeemed
from the animal pound by its owner within ten days of impounding by paying to the
City the redemption fees in the amounts set forth in Section 185 and a license fee
if the animal is required to be licensed and is unlicensed. The Police Department
shall release any redeemed animal to its owner.
Subd. 3 Animal Disposal. The Animal Control Officer may dispose of any animal
either alive or deceased upon (i) the request of its owner, (ii) the payment to the
City of a fee in the amount set forth in Section 185 of this Code and (iii) the receipt
by the City of a liability release signed by such animal's owner.
Subd. 4 Disposition of Unredeemed Animals.
A. Any animal not redeemed within ten days after impounding may be sold
at a reasonable price which shall be not less than the amount of fees which
the owner would have to pay to redeem the animal. During the three-day
period preceding such a sale of an animal, other than a dog or a cat, a notice
of the time and place of such sale shall be posted by the Animal Control
Officer in at least three conspicuous places within the City and at the animal
pound. If the animal is not sold on the date set forth on such notice, the City
may sell the animal as soon thereafter as possible without further notice. The
proceeds of the sale shall be applied first to the payment of the expenses of
impounding and selling the animal and the balance shall be placed in the
general fund.
B. Any animal not redeemed within ten days after impounding and not sold
as provided in paragraph A. of this Subd. 4 shall either be painlessly disposed
300 - 2
City of Edina Animals 300.03
of or surrendered for research purposes to any educational or scientific
institution licensed pursuant to State Law.
Subd. 5 Objection by Owner, Court Order. Any owner may object to the
impounding or disposition of the animal by signing and filing an objection with the
City within five days after the action objected to was taken. Within 20 days after
impounding of an animal, if the animal is not redeemed or if the City is unable to
reach agreement with the owner regarding the keeping of the animal in a manner
consistent with the provisions of this Section, the City may bring an action in the
appropriate court by serving on the owner a complaint setting forth the violation of
this Section which caused the City to take action. The court may then order (i) the
return of the animal to its owner with or without payment of redemption fees by the
owner; or (ii) the disposal, destruction or sale of the animal; or, (iii) if the animal
has been improperly disposed or sold, the payment to the owner of the reasonable
value of the animal; or (iv) imposition on the owner of the same penalty as that for
commission of a misdemeanor; or (v) any two or more of the foregoing or any other
remedy the court determines just and proper. When an objection has been filed with
the City, the City shall not dispose of or sell the animal referred to in the objection
if it is still in the pound, but shall within ten days after filing of such objection, either
return the animal to the owner, without liability on the owner's part for any fees, or
keep it pending agreement with the owner or order of the court as provided above.
If the animal has been disposed of or sold without a court order, the City after such
filing shall either pay to the owner the reasonable value of the animal or begin the
action described in this Subdivision.
300.03 Licensing Requirements.
Subd. 1 Dog License Required. Any owner of a dog over six months of age shall
secure a license for such dog from the City.
Subd. 2 Proof of Vaccination. Proof of rabies vaccination must be presented at
the time of initial licensing and each subsequent license renewal.
Subd. 3 License Fee. Each owner of a dog shall pay the amount set forth in
Section 185 of this Code as required for the initial licensing fee, the renewal fee, the
neutered dog fee, or the duplicate fee. The renewal fee shall be due on or before
the first day of January of each year.
Subd. 4 Receipts and Tags. Upon payment of the license fee required by Section
185 of this Code, the City shall deliver an original receipt to the owner and retain
a duplicate of such receipt. At the time of initial licensing,the City shall also deliver
a metallic tag to the owner of the dog.
A. The owner shall cause the tag to be fastened to the collar of the dog with
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City of Edina Animals 300.06
a permanent metal fastening in a manner so that the tag may be easily seen
by the officers of the City.
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B. If a tag is lost, a duplicate tag may be issued by the City upon
presentation of a receipt showing the payment of the license fee for the
current year. The City shall charge a fee for each duplicate tag in the amount
set forth in Section 185 of this Code.
C. It shall be unlawful to counterfeit or attempt to counterfeit the tag or to
take from any dog such a tag legally placed upon it by its owner with the
intent to place it upon another dog, or to place such tag upon another dog.
D. The tag shall not be transferable and no refunds shall be made on any
dog license fee because of leaving the City or death of dog before the
expiration of the license period.
300.04 Commercial Kennel. No person shall maintain a commercial kennel without first
having obtained a license pursuant to the provisions of this Section.
Subd. 1 Kennel License Application. The application for a commercial kennel
license or renewal thereof shall contain or have attached thereto, in addition to the
information required by Section 160 of this Code, a detailed plan and description of
the premises and structures wherein the kennel is to be operated, unless the
application is for renewal of a previous license and no change in the premises or
structure has been made or is contemplated to be made.
Subd. 2 Kennel License Fee. The fee for a commercial kennel license shall be in
the amount set forth in Section 185 of this Code.
Subd. 3 Condition of Kennel. A commercial kennel shall be kept in a clean,
sanitary and well-ventilated condition at all times, and shall be open to inspection by
the Sanitarian, the Animal Control Officer or police officer of the City at all
reasonable times.
Subd. 4 Outside Runs Prohibited. No commercial kennel shall provide outside
runs or penned areas designed for the confinement of animals outside of the
principal building.
300.05 Rabies Vaccination. All dogs and cats over six months of age must have current
rabies vaccination. Dogs must wear their current vaccination tags at all times.
300.06 Impounding, Quarantine or Destruction of Animals.
Subd. 1 Bites. Any animal which has bitten or is reported to have bitten a person
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City of Edina Animals 300.07
shall be quarantined under the care of a licensed veterinarian for ten days, or if
proof of current rabies vaccination is presented, the animal may be quarantined at
the owner's residence for ten days. When quarantined at the owner's residence, the
animal must be kept separate from other animals and be kept within a building or
fenced area at all times unless on a leash held by an adult.
Subd. 2 Quarantine. Any quarantined animal shall be inspected by a licensed
veterinarian at the end of the ten day quarantine period. If such animal becomes in
or dies during the quarantine period, the Animal Control Officer shall be notified
immediately and the animal, if alive, shall be quarantined under the care of a
licensed veterinarian, and if deceased, shall be delivered to the Animal Control
Officer for rabies examination.
Subd. 3 Inspection of Quarantined Animal. The owner of any quarantined animal
shall deliver to the City the "Notice of Quarantine" served on the owner by the City
at the time such quarantine is established, duly completed and signed by a licensed
veterinarian acting as the inspecting veterinarian. Such notice shall be delivered to
the Animal Control Officer not earlier than ten days, or later than 14 days, from the
date of the establishment of the quarantine. If the inspecting veterinarian finds the
animal to be rabid, it shall be destroyed. If the inspecting veterinarian finds the
animal to be not rabid, the animal shall be returned to its owner provided that the
owner shall first pay the costs referred to in Subsection 300.06, Subd. 4.
Subd. 4 Impounding or Boarding Fee. The owner of any animal that has been
quarantined shall pay any impounding or boarding fees and any costs incurred for
veterinarian services.
Subd. 5 Destruction of Animal. Any animal which has bitten or is reported to
have bitten a person may be destroyed immediately if the animal cannot be
impounded after reasonable effort, or cannot be impounded without serious risk to
persons attempting to impound it.
300.07 Muzzling Proclamation. Upon written advice that a dog found in the City is
infected with rabies or hydrophobia and that the safety and general welfare of the public
is at risk, the Manager may order, by proclamation, (i) that all dogs be muzzled when off
the premises of the owner, and (ii) that all unmuzzled dogs found off the premises of the
owner be immediately impounded. Forty-eight hours after the proclamation has been
published, either by posting or printing in the official newspaper, the Manager may further
order that all unmuzzled dogs found off the premises of the owner shall be impounded and
destroyed, except that an officer may immediately destroy such an unmuzzled dog if it
cannot be impounded with reasonable effort. Any dog impounded during the first 48 hours
after the publishing of any such proclamation, if claimed within ten days and if not infected
with hydrophobia or rabies, shall be returned to its owner after payment of all fees
described in Subsection 300.02, but after said ten days, such dog may be destroyed.
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City of Edina Animals 300.14
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300.08 Sale or Gift of Animals for Advertising or Promotional Purposes. No person shall
sell, offer for sale or give away for advertising or promotional purposes any animal less than
30 days old as a pet or novelty.
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300.09 Keeping of Certain Animals Regulated. No person shall keep any rabbits, mice,
hamsters, guinea pigs or other rodents, ferrets or any bird on any premises used for
residential purposes except in a metal cage so constructed that it may be completely and
easily cleaned and that the animal or animals kept therein are completely enclosed and
protected from children and animals on the outside. Such animals at all times shall be kept
within the dwelling or an accessory building.
300.10 Animal Enclosure. An animal enclosure, whether now existing or hereafter
constructed, shall not exceed 300 square feet in area and shall be placed only in the rear
yard and no closer than 20 feet to any property line.
300.11 Keeping of Certain Animals Prohibited. No person shall keep within the City:
A. Any livestock.
B. Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For
the purposes of this paragraph, the bloodline of an individual animal must comprise
not less than 51 percent domestic breeds.
C. Honeybees and apiaries.
D. Venomous snakes.
300.12 Animals Running at Large. No owner shall allow any animal to run at large on
any property without the consent of the owner or possessor of the property.
300.13 Confinement of Certain Animals.
Subd. 1 Animal in Heat. Any animal in heat shall be kept confined in a manner
which will prevent its escape and access thereto by other animals.
Subd. 2 Fierce Animal. Any domesticated animal of a fierce, dangerous or vicious
nature or disposition shall be confined (i) in a manner which will prevent its escape
and its causing harm to persons; and (ii) in a place from which it cannot be released
except by its owner and except when muzzled and under the control of a competent
person.
300.14 Animals Declared a Public Nuisance.
Subd. 1 Animals Which Chase Vehicles. Any animal which habitually chases
motor vehicles on public streets, or threatens,worries, chases or attacks pedestrians,
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City of Edina Animals 300.15
bicyclists or other persons on public property, public areas or private property other
than property owned or possessed by the owner of the animal shall be deemed a
public nuisance.
Subd. 2 Attacking Animals. Any domesticated animal which attacks, wounds,
worries, injures or kills any domestic animal or wildlife shall be deemed a public
nuisance.
Subd. 3 Animals Which Bite. Any animal which has bitten a person, other than
its owner or a member of its owner's immediate family shall be deemed a public
nuisance. Such animal shall be quarantined pursuant to Subsection 300.06 and shall
also be subject to the procedures and penalties set out in Subsection 300.20.
Subd. 4 Animals Which Damage Property. Any animal which damages plantings
or structures or micturates or defecates on public property or on private property
without the consent of the owner or possessor of the property shall be deemed a
public nuisance.
Subd. 5 Animals Running at Large. Any animal described in this Subsection
found running at large shall be impounded by the Animal Control Officer or police
officers in the manner described in this Section; provided that such animal may be
immediately destroyed by the Animal Control Officer or by a police officer if it
cannot be impounded after reasonable effort, or cannot be impounded without
serious risk to persons attempting to impound it.
300.15 Limitation on Number of Dogs or Cats. No more than three dogs or cats in the
aggregate which are over six months of age shall be kept or harbored at any place in the
City, except in a pet shop, animal hospital, or commercial kennel, unless a permit has been
issued pursuant to this Subsection by the Council.
Subd. 1 Permit Application and Hearing. Persons who wish to keep or harbor
more than the number of dogs or cats permitted by this Subsection may apply for a
permit from the Council. After the receipt of the permit application, and the fee as
set forth in Section 185 of this Code, the Council shall conduct a public hearing
regarding the application. A notice of the date, time, place, and purpose of the
hearing shall be mailed at least 10 days before the date of the hearing to each owner
of property situated wholly or partly within 200 feet of the property to which the
application relates.
Subd. 2 Issuance of Permit. After hearing the oral and written views of all
interested persons, the Council shall make its decision. The Council shall not grant
a permit unless it finds that keeping or harboring more than the allowed number of
dogs or cats on the applicant's property:
A. Will not be a nuisance.
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City of Edina Animals 300.17
B. Will not be detrimental to the public health and safety of the applicant or
other persons in the vicinity.
Subd. 3 Permit Not Transferable. No permit may be transferred to any person
or lace b the person or from the lace to whom and for which the permit was
P Y P P �
granted. The permit shall be granted only for the dogs or cats described in the
application. No dogs or cats described in the application may be replaced by the
applicant without first obtaining a new permit from the Council.
Subd. 4 Conditions and Restrictions. The Council may impose conditions and
restrictions as it deems necessary for the protection of the public interest and
adjacent properties and to ensure compliance with the requirements of this Section
and other applicable provisions of this Code. Each permit issued pursuant to this
Subsection shall remain in effect only so long as the conditions and restrictions
imposed by the Council are observed and not violated.
300.16 Noise.
Subd. 1 Disturbing Peace and Quiet. No person owning,operating,having charge
of, or occupying, any building or premises shall keep or allow to be kept any animal
which shall, by any noise, unreasonably disturb the peace and quiet of any person in
the vicinity. The phrase"unreasonably disturb the peace and quiet" shall include,but
is not limited to, the creation of any noise by any animal which can be heard by any
person, including the Animal Control Officer or a law enforcement officer, from a
location outside of the building or premises where the animal is being kept and
which animal noise occurs repeatedly over at least a five minute period of time with
one minute or less lapse of time between each animal noise during the five minute
period.
Subd. 2 Complaint. Any person may call or deliver a complaint to the Animal
Control Officer stating facts and circumstances of an alleged violation of this
Subsection. The Animal Control Officer shall investigate such complaint. If a
violation occurs in the presence of the Animal Control Officer a summons may be
issued. If probable cause of a violation exists, which violation did not occur in the
presence of the Animal Control Officer, all reports, witness statements and evidence
may be submitted to the City Prosecuting Attorney for a formal complaint.
300.17 Special Requirements for Dogs.
Subd. 1 Off Premises of Owner. No dog shall be permitted to be off the premises
of its owner at any time unless it is restrained with a leash measuring ten feet or less
in length.
Subd. 2 Dogs Which Damage Property. No owner of a dog shall permit the dog
to damage any lawn, garden or other private or public property, or to micturate or
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City of Edina Animals 300.17
defecate on public property or private property, without the consent of the owner or
possessor of the property. It shall be the duty of each owner of a dog to remove any
feces left by such dog and to dispose of such feces in a sanitary manner. It shall also
be the duty of each owner of a dog when such dog is off the owner's premises to
have in possession a device or equipment for the picking up and removal of dog
feces; at a minimum this equipment must include at least two bags. The provisions
of this Subsection shall not apply to a guide dog accompanying a blind person or to
a dog when used in police or rescue activities by or with the permission of the City.
This Subsection shall not be construed, by implication or otherwise, to allow dogs to
be where they are otherwise prohibited by this Code.
Subd. 3 Picketing. No dog shall be picketed in such a manner as to create a
nuisance by reason of odor or unreasonably disturbing the peace and quiet as
defined in Subsection 300.16 or which allows it to occupy any area within 20 feet of
a property line.
Subd. 4 Clean Yard and Enclosure. A dog owner shall regularly clean any yard
occupied by the dog, or dog enclosure occupied by the dog, whether now existing or
hereafter constructed, and any area in which the dog has been picketed, and shall not
permit feces or food scraps to remain for more than 24 hours.
Subd. 5 Dangerous Dogs.
A. The provisions of M.S. 347 and M.S. 343.20 through M.S. 343.40 are
hereby incorporated by reference and adopted as part of this Section. The
persons authorized to enforce this Section shall also enforce the provisions of
M.S. 347 and M.S. 343.20 through 343.40. A violation of the provisions of
M.S. 347 and M.S. 343.20 through 343.40 shall also be a violation of this
Section. Incorporation of said Statutes shall not be a release by the City of
any powers or authority which it has without such incorporation.
B. The Animal Control Officer may declare a dog to be a potentially
dangerous dog as defined by M.S. 347.50. A notice declaring a dog to be
potentially dangerous shall be served upon the owner of the dog either
personally or by certified mail. The Animal Control Officer may require that
a potentially dangerous dog be confined or restrained when on the owner's
property and restrained and muzzled when off the owner's property.
C. No dog shall be declared a dangerous dog under M.S. 347 except by the
Council after a public hearing. Mailed notice of such hearing shall be given
at least ten days prior to the date of the hearing to the owner of the dog and
to the owners of all property within 250 feet of the property where such dog
is usually kept. The Council shall make its decision at such hearing or at any
continuation thereof.
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City of Edina Animals 300.20
300.18 Breaking Pound or City Vehicle. No person except an officer duly authorized by �
law shall break open or aid or assist in, counsel or advise, the breaking open of a pound or
City vehicle used in the enforcement of this Section, or take or let out or attempt to take
or let out, any animal placed therein.
300.19 Interference with Officer. No person shall (i) take or attempt to take from any
officer referred to in Subsection 300.02, any animal seized by the officer in compliance with
this Section; or (ii) interfere in any manner with such officer in the discharge of the duties
under this Section.
300.20 Penalties.
Subd. 1 Petty Misdemeanor and Misdemeanor. Any person maintaining a
nuisance as defined in this Section, or otherwise violating this Section, upon the first
conviction thereof shall be guilty of a petty misdemeanor, and upon second
conviction shall be guilty of a misdemeanor. However, the first and each subsequent
conviction of violation of the provisions of Subsection 300.06, Subd. 1, 2 or 3 shall
be a misdemeanor.
Subd. 2 Impoundment. Any animal found to be a nuisance, as defined in this
Section, or found to be violating any provisions of this Section, may be impounded
pursuant to this Section.
Subd. 3 Other Remedies. The provisions of Subsection 100.09 shall also apply to
violations of this Section.
History: Ord 312 adopted 12-2-81; amended by Ord 312 AI 8-29-84, 312-A2 8-15-90, Ord
1994-2 3-2-94, Ord 1994-11 1-4-95
Reference: M.S. 343.20 through 343.40, 347
Cross Reference: Sections 160, 185
300 - 10
City of Edina Buildings, Construction and Signs 430.03
Section 430 - Regulating Installers of Gas Piping or
Gas Burning Systems, Oil Burners, Stokers, Steam or Hot Water Systems,
Mechanical Warm Air Heating and Air Conditioning Systems,
Refrigeration Systems, Plumbing and Water Conditioning Equipment.
430.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Gas Piping Work. The construction, reconstruction, installation, alteration,
extension, or repair of gas piping or gas burner systems.
Mechanical Work. The construction,reconstruction,installation,repair or alteration
of any oil burner, stoker, steam or hot water heating system, mechanical warm air
heating and air conditioning system, or refrigeration system.
Person, Applicant, Registrant, Licensee. A business enterprise employing one or
more individuals engaged in the work identified by this Section.
Plumbing Work. The construction, reconstruction, alteration, extension, or repair
of any plumbing work or building drainage, or connecting plumbing work with the
City sanitary sewer system or septic tank or water system or the installation of
plumbing fixtures.
Water Conditioning Work. The installation of water softener and conditioning
equipment.
430.02 License or Registration Required. No person shall perform or receive a permit
to perform mechanical work or gas piping work in any building in the City without having
first received a license as provided in this Section. No person shall perform any plumbing
or water conditioning work in any building in the City without first registering with the
City a State issued license as provided in this Section.
430.03 License Requirements.
Subd. 1 License Provisions. The provisions of Section 160 and Section 165 of
this Code shall apply to all licenses and license registrations required by this Section
and to the holders of such licenses, except that licenses, license registrations, and
renewals shall be granted or denied by the Building Official.
Subd. 2 License Application for Mechanical Work. The application for any license
or renewal of a license for mechanical work required by Subsection 430.02 shall be
accompanied by proof that the applicant holds a Certificate of Competency issued
by a city acceptable to the Building Oficial or upon obtaining a passing score on a
430 - 1
City of Edina Buildings, Construction and Signs 430.04
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test administered by the Building Official.
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Subd. 3 License Application for Gas Piping Work. The application for any license
or the renewal of any license for gas piping work required by Subsection 430.02
shall be accompanied by proof that the applicant holds a Certificate of Competency
issued by a city acceptable to the Building Official or upon obtaining a passing score
on a test administered by the Building Official.
Subd. 4 License Registration for Plumbing Work. The registration of a State
issued plumbing license shall be accompanied by proof that the registrant holds a
then current Master Plumbing License issued by the State Department of Health.
Subd. 5 License Registration for Water Conditioning Work. The registration of
a State issued Water Conditioner Installer License shall be accompanied by proof
that the registrant holds a current Water Conditioning Installer License from the
State Department of Health.
Subd. 6 Liability Insurance. Unless prohibited by State Law, the applicant for a
license or license registration shall also furnish proof that a policy of public liability
insurance has been procured with respect to work to be performed by the applicant
during the period of the license for death or personal injury arising therefrom to any
person or persons, in amounts not less than $100,000 for injury to or death of one
person and $300,000 for any one incident, and for damage to property arising from
any one incident in the amount of not less than $50,000.
Subd. 7 Place of Business. Every applicant for a license or license registration
must maintain a place of business in the State. As used in this Section, place of
business shall consist of a bona fide location where record keeping and
administrative functions of the business for which the license is issued are
transacted.
Subd. 8 Fee. All applications for licenses shall be accompanied by a fee in the
amount set forth in Section 185 of this Code.
430.04 Unlawful Acts. No licensee shall take out or secure a permit for the construction,
installation, alteration, or repair of any systems or equipment covered by this Section
where the work is to be done by any person not in the employ of such licensee, nor allow
licensee's name to be used by any other person for the purpose either of doing any such
work or of obtaining a permit to do so.
History: Ord 429 adopted 3-1-73; amended by Ord 429A1 11-25-81
Cross Reference: Sections 160, 165, 185
430 - 2
City of Edina Buildings, Construction and Signs 460.02
Section 460 - Signs
460.01 Purpose and Intent. The purpose of this Section is to protect and promote the
general welfare, health, safety and order within the City through the establishment of a
comprehensive and impartial series of standards, regulations and procedures governing the
erection,use and display of devices, signs or symbols serving as visual communicative media
to persons situated within or upon public rights-of-way or properties.
The provisions of this Section are intended to encourage creativity, a reasonable degree of
freedom of choice, an opportunity for effective communication, and a sense of concern for
the visual amenities on the part of those designing, displaying or otherwise utilizing needed
communicative media of the types regulated by this Section; while at the same time,
assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly,
indiscriminate or unnecessary use of such communicative facilities.
460.02 Terms and Definitions.
Subd. 1 Terms. The following terms have the meanings provided by Section 850
of this Code:
A. Accessory Use.
B. Building.
C. District. (References in this Section to a District, shall mean that district
as established by Section 850.)
D. Frontage.
E. Lot.
F. Principal Building.
G. Shopping Center.
H. Structure.
I. Through Lot.
J. Tract.
Subd. 2 Definitions. Unless the context clearly indicates otherwise,the following
words and phrases have the meanings given in this Section:
460 - 1
City of Edina Buildings, Construction and Signs 460.02
Accessory Sign. A sign relating in its subject matter to the lot or tract on
which it is located, or to products, accommodations, services or activities on
the premises on which it is located.
Address Sign. Postal identification numbers only, whether written or in
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numeric form, having a sign area of six square feet or less. I
Area Identification Sign. A sign which identifies the name of a neighborhood,
a residential subdivision, a multiple residential complex consisting of two or
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more principal buildings, a shopping center or area, an office complex
consisting of two or more principal buildings or any combination of the above
that could be termed an area.
Awning or Marquee. A roof-like structure of rigid or semi-rigid materials
attached to and extending from the facade of a principal building.
Banners and Pennants. Devices which resemble flags and are of cloth or
plastic-like consistency,and may be square, rectangular or triangular in shape.
Bench Sign. A sign which is affixed to a bench.
Building Identification Sign. A freestanding sign or wall sign bearing the
name of a building or occupant in a residential building or the name of a
tenant or business in a non-residential building. Address signs exceeding six
square feet are deemed building identification signs.
Canopy. A roof-like structure, located on the same lot as the principal
building, that is either freestanding or attached to the principal building.
Church Directional Sign. A sign which bears the address and name of a
church and directional arrows pointing to a church location.
Clear View Zone. The triangular portion of a corner lot formed by connecting
the following three points: the point of intersection of the extensions of the
curb lines or edge of the travelled portion of each street, and a point on each
curb line 30 feet from the aforementioned point of intersection.
Flag. The official flag of any country, state or municipality.
Freestanding Sign. A self-supported sign which is placed in the ground and
not affixed to any part of any structure. Freestanding signs include
monuments and area identification signs.
Governmental Sign. A sign which is erected by a governmental unit for the
purpose of directing or guiding traffic, or providing public information.
460 - 2
City of Edina Buildings,Construction and Signs 460.02
Governmental signs include community bulletin boards, area identification
sign directions, or banners erected by the City of Edina.
Height. The distance measured from the average ground elevation adjoining
a freestanding sign to the highest point of a freestanding sign.
Illuminated Sign. Any sign which is illuminated by an artificial light source.
Monument. A structure built on grade, not supported by poles, posts or a
pylon, which is constructed of brick, stone or stucco and to which a sign is
affixed.
Motion Sign. Any sign which revolves, rotates or has any moving parts.
Nameplate Sign. A sign which bears the name or address of the occupants
of the building.
Non-Accessory Sign. A sign other than an accessory sign.
Non-Commercial Opinion Sign. Any sign which is not a commercial sign and
which expresses an opinion which is deemed by the State or federal courts to
have greater protection under the constitution of the United States or the
State than a commercial sign. For purposes of this definition a commercial
sign is any sign which advertises or identifies a product, business, building,
place, service, event or any other matter or thing of a commercial nature,
even though the matter or thing may be related to or involve a non-profit
organization.
Non-Conforming Sign. A sign which lawfully existed prior to the adoption of
this Section but does not conform to the requirements of this Section.
Permanent Sign. Any sign which is not a temporary sign.
Portable Sign. A sign so designed as to be movable from one location to
another which is not permanently attached to the ground or any structure.
Projecting Sign. Any sign or any part thereof which extends by more than 12
inches over public property, a street right-of-way, or public sidewalk. Signs
integral to awnings, canopies, or marquees are not projecting signs.
Roof Sign. Any sign erected upon a roof or projecting above the eave line or
a parapet of a building to which it is affixed.
Sign. Any letter, word or symbol, logo, device, banner, pennant, beacon,
searchlight, poster, picture, statuary, reading matter or representation in the
460 - 3
City of Edina Buildings,Construction and Signs 460.03
nature of an advertisement,announcement,message,or visual communication
whether painted, posted, printed, affixed or constructed, which is displayed
outdoors for informational or communicative purposes.
Sign Area. Sign area shall mean (i) the smallest single rectangle which can I
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be made to circumscribe the letters,message,symbol, logo, or figure inscribed
into or directly onto a building or a monument and not affixed to a sign
panel, or (ii) the smallest single rectangle which can be made to circumscribe I
a sign panel which bears the letters, message, symbol, logo, or figure.
Sign Panel. The display surface upon which the message is painted or
inscribed and which is attached to a building or structure.
Temporary Sign. A sign which is erected or displayed for a limited period of
time. Such temporary signs shall include those listed in Subsection 460.03.
Traffic Directional Sign. A sign which is erected on private property by the
owner of such property for the purpose of guiding vehicular and pedestrian
traffic. Such sign bears no advertising information.
Wall Sign. A sign affixed to the wall of any building including projecting
signs and signs affixed to marquees, awnings, or canopies.
460.03 General Provisions Applicable to all Zoning Districts.
Subd. 1 Construction, Maintenance and Repair. All signs shall be constructed in
such a manner and of such material that they shall be safe and substantial, and in
full compliance with all requirements of this Code. All signs shall be maintained in
a safe, presentable condition and shall be structurally sound. Defective parts shall
be promptly replaced.
Subd. 2 Illuminated Signs. Illuminated signs shall comply with the following
requirements:
A. No sign shall change in either color or in intensity of light more
frequently than once per hour, except signs giving time, date, temperature or
weather information.
B. All incandescent bulbs or fluorescent tubes, except neon or fiber optic
light sources, shall be shielded with an opaque or translucent material.
C. No sign which is visible from a residential district located within 200 feet
of the sign shall be illuminated between 10:00 P.M. and 7:00 A.M.; provided,
however such signs may be illuminated at any time when the use identified by
the sign is open for business.
460 - 4
City of Edina Buildings, Construction and Signs 460.03
D. The Planner may specify additional restrictions regarding the hours of
illumination as a condition to the issuance of a permit.
Subd. 3 Placement. All signs shall comply with the following requirements:
A. No sign,other than governmental signs which are official traffic regulatory
signs, shall be placed within any street right-of-way.
B. No freestanding sign or any portion thereof other than governmental signs
shall be erected or placed within 20 feet of the travelled portion of any public
street.
C. No sign shall be erected or placed within 50 feet of any regulatory sign,
warning sign, traffic sign, or signal, or crosswalk unless the Planner concludes
it will not interfere with or confuse drivers or pedestrians.
D. No sign shall be erected or placed in the clear view zone as described in
Section 1405 of this Code. Provided, however, that a freestanding sign may
be erected if:
1. At least ten feet of clearance is maintained between the ground and
the bottom of the sign and the sign is supported by a single pylon of
12 inches or less in diameter, or
2. The sign and all supporting materials do not exceed three feet in
height as measured from the highest point on the curb to the highest
point on the sign.
Subd. 4 Campaign Signs. Subject to the applicable provisions of M.S. 21113.045,
signs may be posted from August 1 in a state general election year until ten days
following the state general election. Campaign signs erected in connection with
elections held at times other than a state general election are subject to the following
restrictions:
A. Maximum Size - six square feet.
B. Maximum Number - one sign for each candidate per frontage.
C. Maximum Duration - 60 days prior to the election until seven days
following the election.
Subd. 5 Non-Commercial Opinion Signs. Subject to the provision of Subsections
460.03 and 460.04, non-commercial opinion signs are permitted as follows:
A. In all residential districts subject to the following restrictions:
460 - 5
City of Edina Buildings, Construction and Signs 460.03
All other
R-1 and R-2 Districts
1. Maximum size 6 sq. ft. 15 sq. ft.
2. Maximum number 1 per lot 1 per lot
3. Maximum height 6 ft. 6 ft. I
B. All non-residential districts subject to the following restrictions:
1. Maximum size 15 sq. ft.
2. Maximum number 1 per tract
3. Maximum height 6 ft.
Subd. 6 Orientation of Signs on Corner Lots or Through Lots. When more than
one sign is permitted due to multiple frontages,each permitted sign must be oriented
toward its respective frontage. It is the intent herewith to prohibit lots with multiple
frontages from combining sign rights so as to erect larger signs or additional signs
that are oriented to only one frontage.
Subd. 7 Temporary Construction Signs - New Buildings. One temporary
construction sign may be installed upon a construction site of a new building with ten
or more dwelling units or any new non-residential principal use building denoting the
name of the owner, architect, engineer, contractor and lender, provided such sign
does not exceed 32 square feet in area. Temporary construction signs measuring six
square feet or less in sign area are permitted for new residential buildings of less
than ten dwelling units. Temporary construction signs shall be removed upon
issuance of a certificate of occupancy for any part of the building. Freestanding signs
shall not exceed ten feet in height.
Subd. 8 Temporary For Sale Signs - Existing Buildings. A temporary sign may
be erected for the purpose of selling or leasing a residential or non-residential
building provided:
A. Such signs shall not exceed 16 square feet for non-residential buildings or
residential buildings of ten or more dwelling units. Provided, however, such
signs may be increased to not more than 32 square feet if the lot or tract
abuts a highway with a speed limit of 50 miles per hour or more and the sign
is oriented to such highway. Temporary signs for the purpose of selling or
leasing a residential building of less than ten dwelling units shall not exceed
six square feet.
460 - 6
City of Edina Buildings, Construction and Signs 460.03
B. Only one such sign shall be permitted per building. If the building is one
of two or more buildings which together comprise a tract, then only one sign
per tract shall be permitted.
C. Signs for non-residential projects shall be located no closer than 100 feet
to any pre-existing residence.
D. Freestanding signs shall not exceed ten feet in height.
E. All sign surfaces including legs and support members shall be painted and
maintained in a crack free and blister free condition.
Subd. 9 Building Leasing or Rental Signs. The maximum allowed sign area of a
building identification sign or an area identification sign may be increased by 20
percent or 16 square feet,whichever is less, for the purpose of displaying information
regarding the rental or leasing of space or dwelling units. Such rental or leasing
information shall:
A. Be integral to the building identification or area identification sign.
B. Be constructed of the same materials and colors as the building
identification or area identification sign.
If the building identification sign or area identification sign area is increased in
accordance with this Subdivision, then no temporary sign as permitted by Subd. 8 of
this Subsection shall be placed on the property.
Subd. 10 Multi-Faced Signs. The total sign area of any multi-faced sign shall not
exceed twice the permitted area of a single-faced sign. The angle of incidence
between any two faces of a multi-faced sign shall not exceed 60 degrees.
Subd. 11 Traffic Directional Signs. Traffic directional signs shall not exceed six
square feet in area.
Subd. 12 Projecting Signs. Projecting signs shall be permitted only in the Planned
Commercial District, subject to the following restrictions:
A. The maximum sign area shall be 20 square feet per facing.
B. Not less than eight feet of clearance shall be provided between the
sidewalk elevation and the lowest point of the projecting sign.
C. Signs shall project from the face of the building no more than the
lesser of (i) one-third of the sidewalk width, or (ii) six feet. Sidewalk
width shall be measured perpendicular to the face of the building at the
460 - 7
City of Edina Buildings, Construction and Signs 460.03
proposed sign location.
D. The maximum sign area of wall signs located on the same building of
the projecting sign shall not exceed five percent of the wall area.
E. Proof of insurance and indemnification shall be provided in I
accordance with Subd. 5 of Subsection 460.06.
Subd. 13 Awnings, Canopies, or Marquees.
A. Awnings, canopies or marquees shall be considered as part of the wall
area and thus shall not warrant additional sign area.
B. Awnings,canopies or marquees constructed of transparent or translucent
material shall be deemed to be a sign panel for purposes of determining sign
area.
Subd. 14 Address Signs. One address sign shall be required per building in all
districts.
Subd. 15 Bench Signs. Bench signs shall be permitted only at bus stops and shall
not be permitted in residential districts.
Subd. 16 Church Directional Signs. Church directional signs shall be permitted in
all districts provided the total area of such signs shall not exceed four square feet per
facing.
Subd. 17 Signs Located on Interiors of Buildings. Signs which are located on the
interior of a building and are not visible from outside of said building shall be
exempt from the provisions of this Section and shall not require permits or payment
of fees.
Subd. 18 Temporary Subdivision and Rezoning Signs. Temporary subdivision and
rezoning signs, as required by Sections 810 and 850 of this Code, shall be exempt
from the provisions of this Section and shall not require permits or payment of fees.
Subd. 19 Temporary Garage and Estate Sale Signs. Signs promoting occasional
sales in residential areas, as permitted in Subsection 850.07, Subd. 12 of this Code,
may be placed on the lot where the sale is taking place provided:
A. Such signs shall not exceed six square feet.
B. One sign is permitted per frontage.
C. Such signs shall be removed at the end of the sale.
�I
460 - 8
City of Edina Buildings, Construction and Signs 460.04
Subd. 20 Home Security Signs. Signs which advise of home security systems may
be erected provided:
A. Such sign shall not exceed one square foot.
B. One sign is permitted per frontage.
Subd. 21 Monuments. Monuments shall not exceed eight feet in height.
Subd. 22 Banners and Pennants. Banners and pennants are permitted only as
follows:
A. During a one week period of time on the occasion of the initial opening
of a new business.
B. As an integral part of the design of a building. In such cases, the banner
must be made of a durable material and designed to be permanently affixed
to the building.
Subd. 23 Flags. Not more than three flags may be displayed on each lot or tract.
460.04 Prohibited Signs. The following signs are prohibited in all districts:
A. Non-Accessory Signs.
B. Indecent Signs. Signs containing offensive or indecent symbols, pictures, or
written material.
C. Roof Signs.
D. Motion Signs.
E. Portable Signs.
F. Signs, other than Governmental Signs, which are attached to utility poles, street
lights or trees.
G. Searchlights or Beacons.
H. Vehicles with Signs. It is the intent of this Subdivision to prohibit the use of a
vehicle for the purpose of providing signage. In addition to the requirements
imposed by Sections 850 and 1045 of this Code,vehicles bearing signs exceeding two
square feet in area must comply with the following restrictions:
1. Such vehicles may not be parked within 50 feet of a public road right-of-
460 - 9
ight-of-
460 - 9
City of Edina Buildings, Construction and Signs 460.05
way.
2. Such vehicles may not bear a sign constructed of paper, cloth, canvas,
wood or other material not integral to the body of the vehicle.
3. Such vehicles may not be parked in a location visible from public streets
for periods longer than four hours during any 24 hour period.
I. Neon or fiberoptic light sources which are not within the permitted sign area.
460.05 District Regulations. Subject to provisions of Subsections 460.03 and 460.04, the
following building identification signs and area identification signs are permitted in each
specific zoning district:
Subd. 1 R-1, R-2, and PRD-1 Districts:
T Tee Maximum Number Maximum Area Maximum Height
Nameplate or One per 2 sq. ft. 6 ft.
Address dwelling unit
Building One per frontage 24 sq. ft. 6 ft.
Identification
(churches, schools,
golf courses, public
facilities only)
Area One per 24 sq.ft. 6 ft.
Identification development
Subd. 2 All Residential Districts Except R-1, R-2, PRD-1 and the Mixed
Development District.
Type Maximum Number Maximum Area Maximum Height
Building One per building 12 sq. ft. 6 ft.
Identification
Area One per 24 sq. ft. 6 ft.
Identification development
Building One per 24 sq. ft. 6 ft.
Identification building
(convalescent,
nursing, or
rest homes only)
460 - 10
City of Edina Buildings, Construction and Signs 460.05
Subd. 3 Automobile Parking District.
Type Maximum Number Maximum Area Maximum Height
Identification One per frontage 6 sq. ft. 6 ft.
Subd. 4. PCD-1, PCD-2, PCD-3, and PCD-4 Districts.
Maximum
Maximum Number Area for
Maximum Wall Freestanding Freestanding Maximum
District Sign Area Signs -Signs Hecht
PCD-1 15% of wall One per 80 sq. ft. 8 ft.
area building
PCD-2 15% of wall One per 80 sq. ft. 8 ft.
area building
PCD-3 15% of wall One per 100 sq. ft. 20 ft.
area building for first
per frontage sign, 50 sq.
ft. for each
additional
sign
PCD-4 20% of wall One per 80 sq. ft. 20 ft.
area building for first
per frontage sign, 50 sq.
ft. for each
additional
sign
A. Special Provisions
1. Area identification signs shall be included as part of the maximum
allowable number of freestanding signs.
2. Signs which are integral to the design of a gasoline pump are
permitted.
3. Signs indicating the location of restrooms are permitted.
4. Permanent window signs shall be included as part of the maximum
allowable sign area.
460 - 11
City of Edina Buildings, Construction and Signs 460.05
Subd. 5 Regional Medical and Planned Office District.
Use Maximum Number Maximum Area Maximum Height
Buildings four One building 50 sq. ft. for 8 ft.
stories or identification sign first sign,
less per building per 36 sq. ft. for
frontage each additional
sign.
Buildings more One building 80 sq. ft. for 8 ft.
than four identification first sign,
stories sign per building 40 sq. ft. for
per frontage each additional
sign.
Area One per 50 sq. ft. 8 ft.
Identification development
A. Special Provisions. In the Regional Medical District only, one wall sign
for each accessory retail use is permitted. Each permitted sign must be
attached to the ground floor level and may not exceed 15 percent of the
ground floor wall area of the accessory use.
Subd. 6 Planned Industrial District.
Type Maximum Number Maximum Area Maximum Height
Building One per 80 sq. ft. 8 ft.
Identification building
A. Special Provisions. In multi-tenant buildings only, one wall sign is
permitted for each tenant having a private entry. The maximum sign area of
each sign is 24 square feet.
Subd. 7 Mixed Development District. It is the intention of this Subdivision to
require that all elements of a mixed development be integrated and linked by signs
that express a consistent and uniform design theme.
A. Area Identification Signs.
1. MDD-3 and MDD-4. One sign per development not to exceed 50
square feet.
2. MDD-5 and MDD-6. One sign per development for each frontage.
460 - 12
City of Edina Buildings, Construction and Signs 460.05
a. Sign Area - MDD-5
Maximum area of first sign 70 sq. ft.
Maximum area of additional signs 40 sq. ft.
b. Sign Area - MDD-6
Maximum area of first sign 100 sq. ft.
Maximum area of additional signs 70 sq. ft.
3. Maximum Height - eight feet.
B. Building Identification Signs - Residential. One freestanding sign not to
exceed 24 square feet for each building with ten or more dwelling units. One
wall sign not to exceed six square feet for each building. Maximum height-
eight feet.
C. Intra-Area Directories. One directory per major entry from a public
street to a development not to exceed ten square feet. Maximum height- six
feet.
D. Accessory Retail Signs. One wall sign for each accessory retail use
provided each sign must be attached to the ground floor level and may not
exceed 15 percent of the ground floor wall area of the accessory use. All
signs shall be individual letters of uniform size, design and materials.
E. Building Identification Signs - Office.
1. MDD-6. One wall sign per building per frontage and one
freestanding sign per building per frontage. The maximum area of the
first wall sign or freestanding sign shall not exceed 50 square feet and
the maximum area of each additional sign shall not exceed 36 square
feet. Maximum height - eight feet.
2. MDD-3, MDD-4, and MDD-5. One building identification sign per
frontage. The first sign shall not exceed 50 square feet and each
additional sign shall not exceed 36 square feet. Maximum height -
eight feet.
F. Retail and Publicly Owned Facilities Signs - MDD-6. Signs for retail
buildings and publicly owned facilities are permitted in accordance with the
PCD-3 District requirements provided in Subsection 460.05, Subd.4,provided
the maximum area of freestanding signs shall not exceed 50 square feet.
460 - 13
City of Edina Buildings, Construction and Signs 460.06
G. Publicly Owned Facilities - MMD-3, MMD-4, and MDD-5. Signs for
publicly owned facilities in the MMD-3, MDD-4, and MMD-5 Districts are
permitted in accordance with Subsection 460.05, Subd. 1.
I
H. Suites Hotels and Theatres. Signs for suites hotels and theatres are
permitted in accordance with the PCD-3 District requirements provided in
Subsection 460.05, Subd. 4.
I. Special Requirements - Wall Signs. No wall signs shall be placed on walls
of non-residential buildings which directly face, abut or adjoin a public park
or residential uses.
J. Special Requirements- Freestanding Signs. All freestanding signs shall be
of uniform design and scale.
460.06 Administration and Enforcement.
Subd. 1 Permits. Except as provided in Subd. 3 of this Subsection, the owner or
occupant of the lot or tract on which a sign is to be displayed, or the owner or
installer of such sign, shall file an application for a permit with the Planner upon
forms provided by the Planner. Permits must be acquired for all existing, new,
relocated, modified or redesigned signs except those specifically exempted below.
The applicant shall submit with the application a complete description of the sign
and a scaled drawing showing its size, placement, manner of construction,
illumination, and such other information as deemed necessary by the Planner. At
the time of application the applicant shall also submit a fee in the amount required
by Section 185 of this Code. If a sign is erected without a permit, the applicant shall
submit an application for a permit and pay a fee that is two times the fee set out in
Section 185. If a sign has not been installed within three months after the date of
issuance of said permit, the permit shall become null and void.
Subd. 2 Sign Identification Decal. Upon issuance of a permit, the Planner shall
also issue a sign identification decal. The permit holder shall attach the decal to the
lower left front surface of the sign. Such decal shall indicate the number of the sign
permit.
Subd. 3 Exemptions. The following signs may be erected or displayed without
obtaining a permit therefore; provided, however, such signs must comply with all
other requirements of this Section:
A. A temporary window sign placed within a building and not exceeding 25
percent of the window area.
B. Signs having a total area of six square feet or less.
460 - 14
City of Edina Buildings, Construction and Signs 460.06
C. Governmental signs and signs erected by the Edina Public Schools.
D. Temporary signs as listed in Subsection 460.03, Subd. 4, 5, 7, and 8.
E. Memorial signs or tablets less than six square feet in area containing the
name of the building, its use and date of erection when cut or built into the
walls of the building and constructed of bronze, brass, stone or marble.
F. Signs which are completely within a building and are not visible from the
outside of said building.
G. Temporary subdivision and rezoning signs, as required by Sections 810
and 850 of this Code.
Subd. 4 Violations and Fines. If the Planner finds that any sign or signs regulated
by this Section is or are prohibited as to size, location, content, type, number, height
or method of construction, or are unsafe, insecure or a menace to the public, or if
any sign has been constructed or erected without a permit first being issued, or is
improperly maintained, or is in violation of any other provisions of this Section, the
Planner shall give written notice of such violation to the owner or permit holder
thereof. If the owner or permit holder fails to remove or alter the sign so as to
comply with the provisions set forth in this Section within 24 hours following receipt
of said notice:
A. Such sign may be deemed to be a nuisance and may be abated by the City
by proceedings taken under M.S. Chapter 429, or any other nuisance
abatement procedures allowed by this Code or State Law and the cost of
abatement, including administration expenses, may be levied as a special
assessment against the property upon which the sign is located; or
B. Such owner or permit holder may be prosecuted under Subsection 100.09
of this Code; and
C. The City may exercise any and all other remedies provided by Subsection
100.09 of this Code.
If the owner or permit holder shall have been given notice of a violation hereunder
and shall have removed or altered the sign, and shall then re-erect or install a sign
which is the same as or similar to the sign as to which notice of violation was given,
such re-erection or installation shall be deemed a violation of this Section, and no
notice of such violation shall be required.
Subd. 5 Insurance. The owner of any projecting sign shall furnish,with a permit
application, proof of self-insurance or that public liability insurance has been
procured for any death or personal injury caused by such sign, in amounts not less
460 - 15
City of Edina Buildings, Construction and Signs 460.07
than $100,000 for injury to or death of one person, or $300,000 for an one incident,
J rY P Y
and of not less than $50,000 for damage to property arising from any one incident.
The owner shall maintain such insurance in effect at all times that the sign remains
in place. The owner shall also indemnify and hold the City and the City's officials
and employees harmless from any loss, cost, damage and expenses caused by the
projecting sign.
Subd. 6 Variances and Appeals. A permit applicant or permit holder may request
a variance from the literal provisions of this Section by filing a petition for a variance
with the Planner. The petition shall be accompanied by a fee in the amount set forth
in Section 185 of this Code. A permit applicant or permit holder also may appeal any
alleged error in any order, requirement, decision, or determination made by the
Planner in the enforcement of this Section. Appeals shall be filed in the same
manner as provided in Subsection 850.04 of this Code. Variances and appeals shall
be heard by the Zoning Board of Appeals and decisions of the Board may be
appealed to the Council, as provided in said Subsection 850.04 of this Code. The
Board shall grant a variance from the provisions of this Section only upon finding
that:
A. There are exceptional or extraordinary circumstances applicable to the
property or to the intended use that do not apply generally to other property
in the same vicinity and zoning district;
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and
zoning district, but which is denied to the property in question;
C. That the strict application of this Section would constitute undue hardship
as defined in Section 850 of this Code, and
D. That the granting of the variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in the vicinity
or zoning district in which the property is located.
60.07 Non-Conforming Signs.
Subd. 1 Non-Conforming Temporary Signs. Any non-conforming temporary sign
lawfully existing at the time of adoption of this Section shall be made to comply with
the requirements set forth herein or shall be removed within 90 days after the
adoption of this Section.
Subd. 2 Non-Conforming Permanent Signs. Non-conforming permanent signs
shall be allowed to continue in use, but shall not be rebuilt, altered other than to
change the message, or relocated without being brought into compliance with the
requirements of this Section. After a non-conforming sign has been removed,it shall
460 - 16
City of Edina Buildings, Construction and Signs 460.07
not be replaced by another non-conforming sign.
Subd. 3 Non-Conforming Temporary Signs - South Edina Development Addition.
Temporary construction and real estate signs located on Outlot E and Lot 1,
Block 4, South Edina Development Addition, may continue to exist subject to the
following:
A. The signs may not be increased in sign area or number of signs.
B. The signs may not be relocated.
C. The signs must be removed or brought into conformance with this Section
when either of the following occur:
1. A building is constructed on the lot or outlot occupied by the sign;
or
2. A building is constructed on the lot or outlot adjacent to the lot or
outlot occupied by the sign.
Subd. 4 Discontinued Non-Conforming Signs. Wheneveruse of a non-conforming
sign has been discontinued for a period of 90 days, such use shall not thereafter be
resumed unless in conformance with the provisions of this Section.
History: Ord 451 codified 1970; amended by Ord 451 Al 6-10-71, Ord 451-A2 10-24-74, Ord
451-A3 9-I1-75, Ord 451-A4 9-8-76, Ord 451-A5 12-10-86, Ord 451-A6 10-25-89, Ord 451-A7
3-28-90, Ord 1993-8 6-7-93, Ord 1994-7 7-27-94
Reference:M.S. Chapter 429, M.S. 211B.045
Cross Reference: Sections 185, 810, 850, 1045, Subsections 100.09, 850.04, 850.07
460 - 17
City of Edina 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
805 - 1
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.
i
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 �I
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 AI 9-14-77, Ord 803-A2 9-28-77, Ord
903-A3 1-18-78, Ord 803A4 5-16-90
Reference. M.S. 462.351 through 462.364
Cross Reference. Sections 180, 810, 850
805 - 2
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 Title 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 (RNID)
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:
I
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.
The Council also finds that sexually-oriented businesses have adverse secondary
characteristics particularly when they may be accessible to minors or are located near
residential properties or schools, day care centers, libraries and parks, and such businesses
can exert a dehumanizing influence on persons attending or using such residential
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City of Edina Land Use, Platting and Zoning 850.03
properties or schools, day care centers, libraries and parks.
Sexually-oriented businesses can contribute to an increase in criminal activity in the area
in which such businesses are located.
Sexually-oriented businesses can significantly contribute to the deterioration of residential
neighborhoods and can impair the character and quality of the residential housing in the
area in which such businesses are located, thereby exacerbating the shortage of affordable
and habitable housing for City residents.
The concentration of sexually-oriented businesses in one area can have a substantially
detrimental effect on the area in which such businesses are concentrated and on the overall
quality of urban life. A cycle of decay can result from the influx and concentration of
sexually-oriented businesses. The presence of such businesses is perceived by others as an
indication that the area is deteriorating and the result can be devastating -- other
businesses move out of the vicinity and residents flee from the area. Declining real estate
values, which can result from the concentration of such businesses, erode the City's tax
base and contribute to overall urban blight.
The regulation of the location and operation of sexually-oriented businesses is warranted
to prevent the adverse secondary effects of such businesses on the City's crime rate, its
retail trade, its property values, and in general the quality of the City's neighborhoods,
commercial and industrial districts, and urban life.
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.
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:
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City of Edina Land Use, Platting and Zoning 850.03
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
P g
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,
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
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City of Edina Land Use, Platting and Zoning 850.03
lot as the principal use.
Adult Body Painting Studio. An establishment or business which provides the
service of applying paint or other substance, whether transparent or non-
transparent, to or on the body of a patron when such body is wholly or
partially nude in terms of Specified Anatomical Areas.
Adult Bookstore. An establishment or business which barters, rents or sells
items consisting of printed matter, pictures, slides, records, audio tape,
videotape, or motion picture film and either alone or when combined with
Adult Motion Picture Rental or Sales and Adult Novelty Sales within the same
business premises has either 10 percent or more of its stock in trade or 10
percent or more of its floor area containing items which are distinguished or
characterized by an emphasis on the depiction or description of Specified
Sexual Activities or Specified Anatomical Areas.
Adult Cabaret. An establishment or business which provides dancing or other
live entertainment, if such dancing or other live entertainment is distinguished
or characterized by an emphasis on the presentation, display, depiction or
description of Specified Sexual Activities or Specified Anatomical Areas.
Adult Companionship Establishment. An establishment or business which
provides the service of engaging in or listening to conversation, talk or
discussion between an employee of the establishment and a customer, if such
service is distinguished or characterized by an emphasis on Specified Sexal
Activities or Specified Anatomical Areas.
Adult Converstion/Rap Parlor. An establishment or business which provides
the service of engaging in or listening to conversation, talk, or discussion, if
such service is distinguished or characterized by an emphasis on Specified
Sexual Activities or Specified Anatomical Areas.
Adult Health/Sport Club. An establishment or business which excludes
minors by reason of age and is distinguished or characterized by an emphasis
on Specified Sexual Activities or Specified Anatomical Areas.
Adult Hotel or Motel. A hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter depicting, describing
or relating to Specified Sexual Activities or Specified Anatomical Areas.
Adult Mini-Motion Picture Theater. A building or portion of a building with
a capacity for less than 50 persons used for presenting material distinguished
or characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas for observation by patrons therein.
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City of Edina Land Use, Platting and Zoning 850.03
Adult Modeling Studio. An establishment or business which provides to
customers, figure models who engage in Specified Sexual Activities or display
Specified Anatomical Areas while being observed, painted, painted upon,
sketched, drawn, sculptured, photographed, or otherwise depicted by such
customers.
Adult Motion Picture Arcade. Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or
mechanically controlled or operated still or motion picture machines, I
projectors or other image-producing devices are maintained to show images
to five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by an emphasis on depicting
or describing Specified Sexual Activities or Specified Anatomical Areas.
Adult Motion Picture Rental or Sales. An estabishment or business which
barters, rents or sells videotapes or motion picture film and either alone or
when combined with Adult Bookstore or Adult Novelty Sales within the same
business premises has either 10 percent or more of its stock in trade or 10
percent or more of its floor area containing items which are distinguished or
characterized by an emphasis on the depiction or description of Specified
Sexual Activities or Specified Anatomical Areas.
Adult Motion Picture Theater. A building or portion of a building with a
capacity of 50 or more persons used for presenting material distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas for observation by patrons therein.
Adult Novelty Sales. An establishment or business which sells devices which
stimulate human genitals or devices which are designed for sexual stimulation
and either alone or when combined with Adult Bookstore and Adult Motion
Picture Rental or Sales has either 10 percent or more of its stock in trade or
10 percent or more of its floor area containing such items and other items
which are distinguished or characterized by an emphasis on the depiction or
description of Specified Sexual Activities or Specified Anatomical Areas.
Adult Sauna/Bathhouse/Steam Room. An establishment or business which
excludes minors by reason of age and which provides a steam bath or heat
bathing room if the service provided by the sauna is distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
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
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City of Edina Land Use, Platting and Zoning 850.03
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
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.
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City of Edina Land Use, Platting and Zoning 850.03
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.
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
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City of Edina Land Use, Platting and Zoning 850.03
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.
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.
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City of Edina Land Use, Platting and zoning 850.03
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 party 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
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
850 - 10
City of Edina Land Use, Platting and Zoning 850.03
ordinary high water elevation of lakes, ponds and streams.
Lot - Comer. 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.
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
850 - 11
City of Edina Land Use, Platting and Zoning 850.03
I
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
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
�I
occupancy.
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City of Edina Land Use, Platting and Zoning 850.03
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
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.
Sexually-Oriented Businesses. Adult bookstores, adult motion picture
theaters, adult motion picture rental,adult mini-motion picture theaters,adult
steam room/bathhouse/sauna facilities, adult companionship establishments,
adult rap/conversation parlors, adult health/sport clubs, adult cabarets, adult
novelty businesses, adult motion picture arcades, adult modeling studios,
adult hotels/motels, and adult body painting studios as herein defined. In
addition, all other premises, enterprises, establishments, businesses or places
at or in which there is an emphasis on the presentation, display, depiction or
description of Specified Sexual Activity or Specified Anatomical Areas which
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City of Edina Land Use, Platting and Zoning 850.03
are capable of being seen by members of the public. The term "sexually-
oriented businesses" shall not be construed to include, (i) schools or
professional offices of licensed physicians, chiropractors, psychologists, i
physical therapists, teachers or similar licensed professionals performing
functions authorized under the licenses held, (ii) establishments or businesses
operated by or employing licensed cosmetologists or barbers performing
functions authorized under licenses held, (iii) businesses or individuals I
licensed in accordance with Section 1340 of this Code, or (iv) the sale of
clothing.
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.
Specified Anatomical Areas. (i) Less than completely and opaquely convered
human genitals, pubic region, buttock, anus, or female breast(s) below a
point immediately above the top of the areola; or, (ii) Human male genitals
in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities. (i) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context of a
sexual relationship, and any of the following sexually-oriented acts or
conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or (ii)
Clearly depicted human genitals in the state of sexual stimulation, arousal or
tumescence; or, (iii) Use of human or animal ejaculation, sodomy, oral I
copulation, coitus, or masturbation; or, (iv) Fondling or touching of nude
human gentials, pubic region, buttock, or female breast(s); or, (v) Situations
involving a person or persons, any of whom are nude, clad in undergarments
or in sexually revealing costumes, and who are engaged in activities involving
the flagellation, torture, fettering, binding or other physical restraint of any
such persons; or, (vi) Erotic or lewd touching, fondling or other sexually-
oriented contact with an animal by a human being; or, (vii) Human excretion,
urination, menstruation, vaginal or anal irrigation.
Story. That portion of a building included between the surface of any floor
850 - 14
City of Edina Land Use, Platting and Zoning 850.03
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.
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
850 - 15
City of Edina Land Use, Platting and Zoning 850.04
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.
850.04 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
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City of Edina Land Use, Platting and Zoning 850.04
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
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.
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City of Edina Land Use, Platting and Zoning 850.04
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 I
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
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.
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City of Edina Land Use, Platting and Zoning 850.04
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.
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
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City of Edina Land Use, Platting and Zoning 850.04
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. I
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.
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
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City of Edina Land Use, Platting and Zoning 850.04
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,
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
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City of Edina Land Use, Platting and Zoning 850.04
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 I
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
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;
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City of Edina Land Use, Platting and Zoning 850.04
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
f. 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.
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
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City of Edina Land Use, Platting and Zoning 850.04
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
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.
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City of Edina Land Use, Platting and Zoning 850.04
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:
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 (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.
850 - 25
I
City of Edina Land Use, Platting and Zoning 850.04
I
2. Commission Review of Preliminary Development Plan. Within 45
days after receipt by the Planner of the petition, fee and all other I
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
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
850 - 26
City of Edina Land Use, Platting and Zoning 850.04
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;
I 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;
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City of Edina land Use, Platting and Zoning 850.04
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.
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.
850 - 28
City of Edina Land Use, Platting and Zoning 850.04
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
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.
850 - 29
Ci of Edina Land Use, Platting and Zoning 850.04
City �
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.
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.
850 - 30
City of Edina Land Use, Platting and Zoning 850.04
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
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
850 - 31
City of Edina Land Use, Platting and Zoning 850.04
i
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 i
zoning district, or reaffirm the final rezoning approval previously granted.
i
Subd. 3 Transfer to Planned Districts.
A. Improved Lots. Any lot transferred by this Section to a plar.ned 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
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City of Edina Land Use, Platting and Zoning 850.04
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
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
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City of Edina Land Use, Platting and Zoning 850.04
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;
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
i
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City of Edina Land Use, Platting and Zoning 850.04
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
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;
5. 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
850 - 35
City of Edina Land Use, Platting and Zoning 850.04
�I
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
fulfilled all conditions imposed by the Council to the satisfaction of the
Planner.
i
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,
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City of Edina Land Use, Platting and Zoning 850.04
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
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
850 - 37
City of Edina Land Use, Platting and Zoning 850.04
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:
�I
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.
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City of Edina Land Use, Platting and Zoning 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
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
850 - 39
City of Edina Land Use, Platting and Zoning 850.04
II
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
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
850 - 40
City of Edina Land Use, Platting and Zoning 850.04
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.
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
850 - 41
City of Edina Land Use, Platting and Zoning 850.05
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
and request removal within a stated period, but not less than five
days.
2. If the violation is not removed within the statedP eriod, 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)
850 - 42
City of Edina Land Use, Platting and Zoning 850.07
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
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
850 - 43
City of Edina Land Use, Platting and Zoning 850.07
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
for residential use by this Section. I
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.
5. 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.
850 - 44
City of Edina Land Use, Platting and Zoning 850.07
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.
5. 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.
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City of Edina Land Use, Platting and Zoning 850.07
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
temporary conditional use, with variances from the conditions of I
paragraph A. of Subd. 4 of this Subsection 850.07, pursuant to the provisions
of Subd. 5 of Subsection 850.04.
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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.
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City of Edina Land Use, Platting and Zoning 850.07
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.
I 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
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City of Edina Land Use, Platting and Zoning 850.07
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.
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.
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City of Edina Land Use, Platting and Zoning 850.07
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
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.
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City of Edina Land Use, Platting and Zoning 850.07
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.
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 I
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 1046 of this Code.
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City of Edina Land Use, Platting and Zoning 850.07
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 Ickes, 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
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
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City of Edina Land Use, Platting and Zoning 850.07
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
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.
i
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, j
depth, area and lot width to perimeter ratio requirements of this Section,
provided, that the lot:
850 - 52
City of Edina band Use, Platting and Zoning 850.07
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
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
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City of Edina Land Use, Platting and Zoning 850.08
yards) shall be a permitted principal or accessory use in all districts.
B. Other Utility Buildings and Structures. Utility buildings and structures
owned by private utility companies or governmental units other than the
City, and used for rendering service to all or any part of the City (but
excluding warehouses, maintenance buildings and storage yards) shall be a
conditional use in all districts and shall only be constructed pursuant to a
conditional use permit granted in accordance with Subd. 4 of Subsection
850.04.
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.
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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.
850 - 54
City of Edina Land Use, Platting and Zoning 850.08
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)
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
850 - 55
City of Edina Land Use, Platting and Zoning 850.08
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.
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
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City of Edina Land Use, Platting and Zoning 850.08
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):
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/[(0.0005 GFA) + 190]
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
850 - 57
City of Edina Land Use, Platting and Zoning 850.08
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.
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
850 - 58
City of Edina Land Use, Platting and Zoning 850.08
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.
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
600 9 feet 18 feet 18 feet
450 9 feet 18 feet 12 feet
2. Compact Spaces.
Space Space Drive Aisle
Ani Width Lenzth Width
90° 7 1/2 feet 16 feet 24 feet
600 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
850 - 59
City of Edina Land Use, Platting and Zoning 850.08
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.
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,
850 - 60
City of Edina Land Use, Platting and Zoning 850.08
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
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
850 - 61
City of Edina Land Use, Platting and Zoning 850.09
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.
D. Driveway Design.
1. Driveway width (back of curb to back of curb):
Maximum Minimum
I
I
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
850 - 62
City of Edina Land Use, Platting and Zoning 850.09
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.
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
850 - 63
City of Edina Land Use, Platting and Zoning 850.10
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
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. Bound lines of the roe with accurate dimensions.
�' property MY
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.
850 - 64
City of Edina Land Use, Platting and Zoning 850.10
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.
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 Tyne Deciduous Coniferous Less than 24' 24' or Greater
Ornamental 2" or less 5' or less 5% 5%
Complimentary 21fi" or greater 6' or greater 60% 30%
Accent 3112." or greater 8' or greater 20% 25%
Primary 41h" or greater 10' or greater 10% 20%
Full 51h" 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.
850 - 65
City of Edina Land Use, Platting and Zoning 850.10
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;
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 Existin Trees. The total number of required new
g q ISI
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 portion of the lot or tract shall be
sodded. Provided, however:
i
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
850 - 66
City of Edina Land Use, Platting and Zoning 850.10
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
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
850 - 67
City of Edina Land Use, Platting and Zoning 850.11
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
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.
850 - 68
City of Edina Land Use, Platting and Zoning 850.11
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.
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,
850 - 69
City of Edina Land Use, Platting and Zoning 850.11
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
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.
850 - 70
City of Edina Land Use, Platting and Zoning 850.11
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:
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.
850 - 71
City of Edina Land Use, Platting and Zoning 850.11
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.
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.
850 - 72
City of Edina Land Use, Platting and Zoning 850.11
Subd. 6 Requirements for Building 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 2,250 square feet.
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.
850 - 73
City of Edina Land Use, Platting and Zoning 850.11
b. attached garages, 30' 15' S' 25'
tool sheds, greenhouses
and garden houses.
c. detached garages, tool 30' 15' S' S'
sheds, greenhouses and
garden houses not entirely
within the rear yard.
d. unenclosed decks 30' 15' S' S'
and patios.
e. swimming pools, 30' 15' 10' 10'
including appurtenant
equipment and required
decking.
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' 50' 50' 50'
use buildings or structures
including accessory buildings
or structures but excluding
parking lots.
b. tennis courts, 50' S0' 50' 50'
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.
850 - 74
City of Edina Land Use, Platting and Zoning 850.11
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
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
850 - 75
City of Edina Land Use, Platting and Zoning 850.11
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.
5. 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
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.
850 - 76
City of Edina Land Use, Platting and Zoning 850.12
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.
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.
850 - 77
City of Edina Land Use, Platting and Zoning 850.12
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.
i
Side street setback 15 ft.
I
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.
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;
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City of Edina Land Use, Platting and Zoning 850.13
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
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 Subdist dcts. 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)
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City of Edina Land Use, Platting and Zoning 850.13
1
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.
i
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
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.
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City of Edina Land Use, Platting and Zoning 850.13
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
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.
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City of Edina Land Use, Platting and Zoning 850.13
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.
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'
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City of Edina Land Use, Platting and Zoning 850.13
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
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.
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City of Edina Land Use, Platting and Zoning 850.13
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.
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
850 - 84
City of Edina Land Use, Platting and Zoning 850.14
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
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 (NIDD).
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-3, 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.
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City of Edina Land Use, Platting and Zoning 850.14
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.
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:
850 - 86
City of Edina Land Use, Platting and Zoning 850.14
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.
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).
850 - 87
City of Edina Land Use, Platting and Zoning 850.14
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.
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'
850 - 88
City of Edina Land Use, Platting and Zoning 850.14
MDD-4 35' 35' 35' 35'
MDD-5 50' 50' 50' 50'
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.
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.
850 - 89
City of Edina Land Use, Platting and Zoning 850.15
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
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.
850 - 90
City of Edina Land Use, Platting and Zoning 850.15
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.
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.
850 - 91
City of Edina Land Use, Platting and Zoning 850.15
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
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;
850 - 92
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
850 - 93
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
850 - 94
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
850 - 95
City of Edina Land Use, Platting and Zoning 850.16
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,
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.
850 - 96
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
850 - 97
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
Sexually-Oriented Businesses.
Subd 5. 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.
850 - 98
City of Edina Land Use, Platting and Zoning 850.16
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.
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 50'* 50'* 50'* 50'*
PCD-4: Gas Stations 35' 25' 25' 25'
All other uses 45' 25' 45' 25'
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City of Edina Land Use, Platting and Zoning 850.16
* 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
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.
850 - 100
City of Edina Land Use, Platting and Zoning 850.16
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
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:
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City of Edina Land Use, Platting and Zoning 850.16
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 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.
I
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City of Edina Land Use, Platting and Zoning 850.16
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.
5. No automobile service station on a lot adjoining a lot in a
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.
850 - 103
City of Edina Land Use, Platting and Zoning 850.17
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.
N. Standards for Sexually-Oriented Businesses.
1. No sexually-oriented business shall be located closer than 500 feet
from any other sexually-oriented business or licenses day-care facility.
Measurements shall be made in a straight line, without regard to
intervening structures or objections, from the nearest point of the
actual premises of the sexually-oriented business or licenses day-care
facility.
2. No sexually-oriented business shall be located closer than 500 feet
from any property in the R-1, R-2, PRD, PSR or MDD District, or any
residentially zoned property in the city adjoining the City.
Measurements shall be made in a straight line, without regard to
intervening structures objects, from the nearest point of the actual
business premises of the sexually-oriented business to the nearest
boundary of the R-1, R-2, PRD, PSR, or MDD District.
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.
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City of Edina Land Use, Platting and Zoning 850.17
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.
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.
850 - 105
City of Edina Land Use, Platting and Zoning 850.17
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.
F. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
50'* 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
850 - 106
City of Edina Land Use, Platting and Zoning 850.17
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.
2. The Manager shall not issue a permit without finding 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
850 - 107
City of Edina Land Use, Platting and Zoning 850.17
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;
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
850 - 108
City of Edina Land Use,Platting and Zoning 850.17
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, ordor, 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
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
850 - 109
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City of Edina Land use, Platting and Zoning 850.17
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.
5. 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
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
850 - 110
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City of Edina Land Use,Platting and Zoning 850.18
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 (RNID)
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,
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.
850 - 111
City of Edina Land Use, Platting and Zoning 850.19
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).
850.19 Automobile Parking District (APD)
Subd. 1 Principal Uses.
A. Parking lots.
B. Drive-through banking facilities.
Subd. 2 Conditional Uses.
A. Parking ramps and garages.
Subd. 3 Requirements for Setbacks.
A. Parking Lots.
Interior
Front Side Side Rear
Street Street Yard Yard
20 20 10 10
850 - 112
City of Edina Land Use,Platting and Zoning 850.20
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. 4 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.
C. All exterior wall finishes of a parking ramp or garage shall be of materials
that are compatible with those of existing nearby structures and shall be one
or a combination of the following materials which shall be determined by the
Council in connection with the granting of a Conditional Use Permit:
1. Face brick.
2. Natural stone.
3. Specially designated precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture.
850.20 Heritage Preservation Overlay District (HPD)
Subd. 1 Purpose. The Council believes that the preservation of the buildings,
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
850 - 113
City of Edina Land Use, Platting and Zoning 850.20
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.
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.
850 - 114
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City of Edina Land Use, Platting and Zoning 850.20
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
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.
850 - 115
City of Edina Land Use, Platting and Zoning 850.20
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.
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;
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City of Edina Land Use, Platting and Zoning 850.20
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 parry.
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
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.
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City of Edina Land Use, Platting and Zoning 850.21
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 floodplains, 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.
5. 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
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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
"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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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.
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City of Edina Land Use, Platting and Zoning 850.21
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.
S. 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.
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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.
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City of Edina Land Use, Platting and Zoning 850.21
(u) 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
be a condition to any conditional use permit issued.
5. Storage of Materials and Equipment:
a. the storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to
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City of Edina Land Use, Platting and Zoning 850.21
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.
5. 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.
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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,
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.
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f
City of Edina Land Use, Platting and Zoning 850.21
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
Creek Watershed District or the Minnehaha Watershed District,
whichever district is appropriate, and, with his report, to the Board.
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City of Edina Land Use, Platting and Zoning 850.21
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 fust floor if there is no basement, of all
structures constructed or placed in the Floodplain District from and after
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
e. the importance of the services provided by the proposed use
to the community.
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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,
including, but not limited to, the obtaining of all required conditional use
permits and variances.
850 - 139
City of Edina Land Use, Platting and Zoning 850.21
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.
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
850 - 140
City of Edina Land Use, Platting and Zoning 850.21
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 AI not published,
amended by 825-A2 1-02-85, 825A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825A612-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825 AlO not granted, 825 A11 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 2-11-87;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-A2710-30-
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-gaAmended by Ord 850-Al 3-3-93; 850-A2 6-30-93; Ord. 1993-
108-25-93
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross Reference: Sections 185, 705, 1045, 1310, 1345, 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 specific 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 - 141
City of Edina Liquor 900.01
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
900.01 Definitions PART D. SPECIAL REQUIREMENTS FOR
PART A. SALE OF LIQUOR AND WINE AT NON-INTOXICATING MALT LIQUOR LICENSES
OFF-SALE 900.13 Special Licensing Requirements
900.02 Sales Limited to Municipal Liquor 900.14 Place of Serving and Consumption
Stores 900.15 Meal served with Non-Intoxicating Malt
900.03 Dispensary Established Liquor
900.04 Sale of Non-Intoxicating Malt Liquor 900.16 Temporary On-Sale License
at Off-Sale PART E.SPECIAL REQUIREMENTS FOR ON-SALE
PART B. GENERAL REQUIREMENTS FOR SALE WINE LICENSES
OF LIQUOR AND WINE AT ON-SALE 900.17 Special Licensing Requirements; Fees
900.05 license Required 900.18 Conditions of Sale
900.06 Requirements for On-Sale Licenses PART F. SPECIAL REQUIREMENTS FOR ON-SALE
900.07 Manner of Conducting Sales OF INTOXICATING MALT LIQUOR
900.08 Anti-Spiking 900.19 license Requirements
900.09 Bottle Clubs Prohibited 900.20 Conditions of Sale
PART C. SPECIAL REQUIREMENTS FOR CLUB AND 900.21 Affidavit of Percentage of Food Sold
TEMPORARY ON-SALE LIQUOR LICENSES 900.22 Automatic Termination
900.10 Special Licensing Requirements PART G. MISCELLANEOUS
900.11 Sunday Sale license 900.23 Headings
900.12 Temporary license 900.24 License Revocation or Suspension
900.25 Incorporation by Reference
900.01 Definitions. Unless the context otherwise clearly indicates, the following terms shall
have the stated meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is
served but not in conjunction with regular full meal service.
Commissioner. The State Commissioner of Public Safety.
Cafe. See definition of "restaurant" in this Subsection.
Club. Any corporation duly organized under the laws of the State for civic, fraternal,
social or business purposes, or for intellectual improvement, or for the promotion of
sports, which shall have more than 50 members, and which for more than one year
shall have owned, hired or leased a building or space in a building of such extent and
character as may be suitable and adequate for the reasonable and comfortable
accommodation of its members, and whose affairs and management are conducted
by a board of directors, executive committee, or other similar body chosen by the
members at a meeting held for the purpose, none of whose members, officers,agents
or employees are paid, directly or indirectly, any compensation by way of profit from
the distribution or sale of beverages to the members of the club or to its guests,
beyond the amount of such reasonable salary or wages as may be fixed and voted
each year by the directors or other governing body.
900 - 1
City of Edina Liquor 900.01
Food Establishment License. A license issued by the City under the provisions of
Section 720 of this Code.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by
fermentation and containing more than 3.2 percent of alcohol by weight.
Licensed Premises. The area shown in the license application as the place where
wine or liquor will be served or consumed.
Liquor. Non-intoxicating malt liquor, intoxicating liquor, and intoxicating malt
liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
Non-Intoxicating Malt Liquor. Any potable beverage with an alcoholic content of
more than one-half of one percent by volume and not more than 3.2 percent by
weight.
Off-Sale. Retail sale in the original package for consumption away from the
premises only.
On-Sale. Sale for consumption on the premises only.
On-Sale License. A license for the on-sale of intoxicating liquor issued by the City
pursuant to any law other than Minnesota Laws 1973, Chapter 441.
Original Package. Any container or receptacle holding liquor, in which the liquor
is corked or sealed at the place of manufacture.
Restaurant. An establishment, under control of a single proprietor or manager,
having appropriate facilities for serving meals and where in consideration of
payment, meals are regularly served at tables to the general public, and which
employs an adequate staff to provide the usual and suitable service to its guests, and
which has a seating capacity for not fewer than 30 guests at one time.
Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly,
as part of a commercial transaction, in violation or evasion of the provisions of this
Section, but does not include sales by State licensed liquor wholesalers selling to
licensed retailers.
State Established Legal Drinking Age. For purposes of this Section, the State
900 - 2
II�
City of Edina Liquor 900.04
established legal age for consumption of liquor and wine is 21 years of age.
Sunday Sale License. A license for the on-sale of intoxicating liquor issued by the
City pursuant to Minnesota Laws 1973, Chapter 441.
Wine. Vinous beverage created by fermentation.
PART A - SALE OF LIQUOR AND WINE AT OFF-SALE
900.02 Sales Limited to Municipal Liquor Stores. No intoxicating liquor, intoxicating
malt liquor or wine shall be sold, or caused to be sold at off-sale within the City by any
person, or by any store or establishment, or by any agent or employee of such person, store
or establishment, except by the City and on the premises in the City occupied by the
municipal liquor dispensary.
900.03 Dispensary Established. There is hereby established a municipal liquor dispensary
for the off-sale of liquor and wine. The dispensary shall be located at such suitable places
in the City as the Council determines by resolution.
Subd. 1 Management and Control. The dispensary shall be under the control of
the Manager. The Manager may appoint employees as deemed necessary to operate
the dispensary in full compliance with this Section and State Law. No person under
the State established legal drinking age shall be employed in the dispensary.
Subd. 2 Surety Bond. The Manager may require persons employed in the
dispensary to furnish a surety bond to the City in the same manner as prescribed by
Subsection 115.12 of this Code.
Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the
hours of operation of the dispensary shall be established by resolution of the Council.
Subd. 4 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the municipal liquor
dispensary.
900.04 Sale of Non-Intoxicating Malt Liquor at Off-Sale.
Subd. 1 License Required. No person, directly or indirectly, upon any pretense
or by any device, shall sell at off-sale any non-intoxicating malt liquor without first
having obtained a license.
Subd. 2 License Procedure and Control; Fee. The provisions of Section 160 of
this Code, shall apply to all licenses required by this Subsection, and to the holders
of such licenses, except that licenses and renewals shall be granted or denied by the
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City of Edina Liquor 900.04
Council. The application shall also describe the type of business transacted on the
licensed premises. Every person licensed, or applying for a license under this
Section, in addition to other requirements imposed by this Section for the obtaining
or renewal of a license, shall demonstrate proof of financial responsibility to the
Clerk with regard to liability imposed by M.S. 340A.801, as a condition to the
issuance or renewal of such license, in the manner and to the extent required by M.S.
340A.409; provided, if any licensee or applicant claims exemption from the
requirements of said Statute, proof of exemption shall be established by affidavit
given by the licensee or applicant. The affidavit shall be in form and substance
acceptable to the Clerk. The application shall be accompanied by the fee in the
amount set forth in Section 185 of this Code. The fee shall be non-refundable.
Subd. 3 Prohibited Premises. No license shall be granted to any theater,
recreational hall or center, dance hall or place where dancing is permitted, or other
place of public gathering for the purpose of entertainment, amusement, or playing
of games, or any other place not eligible under M.S. 340A and the regulations of the
Commissioner. No license shall be granted for any premises where a license has
been revoked for cause for at least one year after such revocation, except that on
unanimous vote of the Council such license may be granted at any time after such
revocation.
Subd. 4 Prohibited Persons. No license shall be granted to:
A. Any manufacturer,brewer, or wholesaler as defined in M.S. 340A.101, or
any manufacturer of non-intoxicating malt liquor, or to any person who has
a financial interest, directly or indirectly, in such manufacturer, brewer or
wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United
States or any provision of State Law or this Code with regard to the
manufacture, sale or distribution of liquor.
D. Any person not eligible under M.S. 340A.402 and the regulations of the
Commissioner.
Subd. 5 Location. No license shall be granted to premises within 250 feet of any
public school.
Subd. 6 License Term. Every license, issued under this Section shall expire at
12:01 A.M. on April 1, following its date of issuance.
Subd. 7 Licenses Not Transferable. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license
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City of Edina Liquor 900.06
was granted, by any means whatsoever, including, without limitation, devise or
descent or involuntarily by the operation of law, without the person and premises to
whom and to which the license is to be transferred having first submitted an
application containing all of the information required in an original application, and
complying with all requirements for an original license, and receiving the approval
of the Council, and where required, the Commissioner.
Subd. 8 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the sale of non-
intoxicating malt liquor.
PART B - GENERAL REQUIREMENTS FOR SALE OF LIQUOR
AND WINE AT ON-SALE
900.05 License Required. No person, directly or indirectly, upon any pretense or by any
device, shall sell at on-sale any wine or liquor without first obtaining a license of the
applicable type herein described:
A. Club On-Sale Liquor License - permits the sale of liquor and wine at on-sale.
B. Non-Intoxicating Malt Liquor License - permits the sale of non-intoxicating malt
liquor at on-sale.
C. Wine License - permits the sale of wine at on-sale. (Intoxicating malt liquor may
be sold on premises holding both a non-into)dcating malt liquor license and a wine
license.)
D. Temporary On-Sale Intoxicating Liquor License -permits the sale of intoxicating
liquor at the Edina Foundation Ball.
E. Temporary On-Sale Non-intoxicating Malt Liquor License - permits the sale of
non-intoxicating malt liquor at events sponsored by certain organizations.
900.06 Requirements for On-Sale Licenses.
Subd. 1 License Procedure and Control; Fee. The provisions of Section 160 of
this Code, shall apply to all licenses required by Subsection 900.05 and to the holders
of such licenses, except that licenses and renewals shall be granted or denied by the
Council and the Commissioner if required by State Law. The application shall also
describe the type of business transacted on the licensed premises. Every person
licensed, or applying for a license, under this Section, in addition to other
requirements imposed by this Section for the obtaining or renewal of a license, shall
demonstrate proof of financial responsibility to the Clerk with regard to liability
imposed by M.S. 340A.801, as a condition to the issuance or renewal of such license,
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City of Edina Liquor 900.06
in the manner and to the extent required by M.S. 340A.409;provided, if any licensee
or applicant claims exemption from the requirements of said statute, proof of
exemption shall be established by affidavit given by the licensee or applicant. The
affidavit shall be in form and substance acceptable to the Clerk. The application
shall be accompanied by the fee in the amount set forth in Section 185 of this Code.
The fee shall be non-refundable.
Subd. 2 Prohibited Premises. No license shall be issued for any premises where
a license has been revoked for cause for at least one year after such revocation,
except that on unanimous vote of all members of the Council such license may be
granted at any time after such revocation.
Subd. 3 Prohibited Persons. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or
any manufacturer of non-intoxicating malt liquor, or to any person who has
a financial interest, directly or indirectly, in such manufacturer, brewer or
wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United
States or any provision of State Law or this Code with regard to the
manufacture, sale or distribution of liquor.
D. Any person not eligible under M.S. 340A.402 and the regulations of the
Commissioner.
Subd. 4 Location. No license shall be granted to premises within 250 feet of any
public school.
Subd. 5 License Term. Every license, issued under this Section shall expire at
12:01 A.M. on April 1, following its date of issuance. Temporary licenses issued
pursuant to this Section shall expire on the date specified in the license.
Subd. 6 Licenses Not Transferable. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license
was granted, by any means whatsoever, including, without limitation, devise or
descent or involuntarily by the operation of law, without the person and premises to
whom and to which the license is to be transferred having first submitted an
application containing all of the information required in an original application, and
complying with all requirements for an original license, and receiving the approval
of the Council, and where required, the Commissioner. Any change in the persons
named in the original application or any change in the information in such original
application shall be deemed a transfer for the purposes of this Section. Provided,
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City of Edina Liquor 900.07
however, the following changes shall not be deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10% or
less cumulatively of the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10% or less
cumulatively of the stock owners during the then license period; or
C. A change in one of the corporation's officers during the term of the then
license. Provided, however, the corporation shall give notice of a change in
officer to the Clerk and the new officer shall comply with all requirements of
this Section and Section 160 of this Code.
900.07 Manner of Conducting Sales.
Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the
licensee's place of business and shall maintain conditions of sobriety and order.
Subd. 2 Age. No wine or liquor shall be sold to any person under the State
established legal drinking age, or to an intoxicated person, directly or indirectly.
Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell
liquor or wine.
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate,
or permit the keeping, possession or operation on the licensed premises, or in any
room adjoining the licensed premises controlled by the licensee, any slot machines,
dice or other gambling equipment as defined in M.S. 349.30, nor permit any
gambling therein, nor permit the licensed premises or any room in the same or in
any adjoining building, directly or indirectly under licensee's control, to be used as
a resort for prostitutes or other disorderly persons; provided, however, that lawful
gambling may be carried on if allowed by this Code and where allowed by a license
issued pursuant to M.S. 349 or this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in any
licensed place shall be owned in whole or in part by any manufacturer or brewer, as
defined in M.S. 340A, of wine or liquor.
Subd. 6 Delinquent Taxes. No license shall be granted for operation on any
premises upon which taxes or assessments or other financial claims of the City are
delinquent and unpaid.
Subd. 7 Open to Inspection. All licensed premises shall be open to inspection by
any police officer or other designated officer or employee of the City at any time
during which the place so licensed is open for business.
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City of Edina Liquor 900.09
Subd. 8 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504. Except, however, restaurants, hotels, and bowling centers holding a
license under Part E or Part F of this Section, or clubs holding a Sunday Sale
License under Part C of this Section, may sell intoxicating liquor or wine in
conjunction with the sale of food between the hours of 10:00 A.M. on Sundays and
1:00 A.M. on Mondays, provided that the licensee is in conformance with the
Minnesota Clean Air Act.
Subd. 9 Hours of Consumption. No liquor or wine shall be consumed by any
person on, in or about the premises of any place licensed for the on-sale of liquor
or wine after 1:30 A.M. of any day and prior to the time of that same day when such
place, pursuant to this Section, may again begin to sell liquor or wine.
900.08 Anti-Spiking.
Subd. 1 No Liquor or Wine in Non-Licensed Food Establishments. Except as
permitted by a license issued pursuant to this Section, no person shall take or carry
any wine or liquor into any food establishment as defined in Section 720 of this
Code.
Subd. 2 Mixing or Sale for Mixing Prohibited. Except as permitted by a license
issued pursuant to this Section, no person shall mix with liquor or wine or sell for
the purpose of mixing with liquor or wine, any soft drink, other liquor or beverage
in any food establishment as defined in Section 720 of this Code.
Subd. 3 Illegal to Permit Mixing. Except as permitted by a license issued
pursuant to this Section,no person shall consume, or permit the consumption,mixing
or spiking of any beverage by adding to the same any liquor, in any building or place
operated as a food establishment as defined in Section 720 of this Code.
Subd. 4 Presumption. The fact that any person in any food establishment, as
defined in Section 720 of this Code, sold any liquid or beverage to a person who
thereupon and therein added to such liquid or beverage any liquor or wine shall be
prima facie evidence that such liquid or beverage was sold by such person for the
purpose of adding liquor or wine and shall be prima facie evidence that such person
and the person's employer permitted the mixing or spiking of such liquid by adding
wine or liquor.
900.09 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant to this
Section, establishments or clubs that directly or indirectly allow the consumption or display
of wine or liquor, or knowingly serve any liquid for the purpose of mixing with liquor or
wine, shall be prohibited. Permits for bottle clubs issued by the Commissioner under M.S.
340A.414 shall not be approved by the Council.
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City of Edina Liquor 900.13
PART C - SPECIAL REQUIREMENTS FOR CLUB AND TEMPORARY
ON-SALE LIQUOR LICENSES
900.10 Special Licensing Requirements. In addition to the requirements imposed by
Subsection 900.06, a club on-sale liquor license may be issued only to a club which held a
license prior to January 1, 1940, for the sale of intoxicating liquor. No license shall be
issued to any club which after January 29, 1934, has been convicted of any wilful violation
of any law of the United States or any provision of State Law, or any local ordinance, with
regard to the manufacture, sale, or distribution of intoxicating liquor, nor to any club which
has any license issued under this Section revoked after said date for any wilful violation of
this Code or such laws.
900.11 Sunday Sale License. No person, directly or indirectly, upon any pretense or by
any device, shall sell any intoxicating liquor on Sunday without first having obtained a
Sunday sale license. To obtain such license a person must have a club on-sale liquor license
and comply with the provisions of Subsection 900.06, Subd. 1.
900.12 Temporary License. A temporary on-sale intoxicating liquor license may be issued
on the following terms and conditions:
A. Such license shall be issued only to the holder of a then current club on-sale
liquor license.
B. No more than one such license shall be issued during each calendar year.
C. Such license shall permit the licensee to sell intoxicating liquor only in connection
with the Edina Foundation Ball.
D. Such license shall allow the on-sale of liquor and wine only, and only on the
premises described in the license.
E. Such license shall be issued for one period of time, the length of which does not
exceed 24 consecutive hours.
PART D - SPECIAL REQUIRMENTS FOR ON SALE NON-INTOXICATING
MALT LIQUOR LICENSES
900.13 Special Licensing Requirements. In addition to the requirements imposed by
Subsection 900.06, non-intoxicating malt liquor licenses shall be issued only to (i) private
clubs which have been incorporated for more than ten years and which own and operate
club houses for their members in which the serving of such liquor is incidental to and not
the major purpose of such club, (ii) restaurants, (iii) golf courses, (iv) indoor recreational
facilities which are a part of or within a public park, (v) bowling centers and (vi) hotels as
defined in M.S. 340A.
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City of Edina Liquor 900.16
900.14 Place of Serving and Consumption. Non-intoxicating malt liquor shall be served
and consumed at tables in the dining or refreshment room on the licensed premises, and
shall not be consumed or served at bars; provided, the same may be served at counters
where food is regularly served and consumed.
900.15 Meal Served with Non-intoxicating Malt Liquor. In any place licensed for the on-
sale of non-intoxicating malt liquor,which is also licensed for the on-sale of wine, no person
shall be sold, served or consume non-intoxicating malt liquor who does not order a meal
to be served with the non-intoxicating malt liquor.
900.16 Temporary On-Sale License. Temporary on-sale non-intoxicating malt liquor
licenses may be issued on the following terms and conditions:
Subd. 1 Applicant Requirements. Such licenses shall be issued only to applicants
which are:
A. A corporation or organization organized for service to the community,
state, or nation, for social purposes, for the promotion of sports or for the
promotion of persons to elective office,where the serving of non-intoxicating
malt liquor is incidental to and not the main purpose of the organization; or
charitable or religious corporations for and to which gifts are deductible from
the income of the donor under the Internal Revenue Code of 1986, as now
enacted or as supplemental or amended; and
B. Which meet all the following requirements by presentation of evidence
satisfactory to the Manager:
1. Applicant must have been in existence and actively engaged in
programs intended to further and promote the purposes for which
organized for a period of at least 18 consecutive months prior to the date
application is made for such license.
2. Applicant must be organized for one or more of the purposes set out
in paragraph A. of this Subd. 1 and not for the sole or main purpose of
obtaining such license.
Subd. 2 License Restrictions.
A. Not more than two such licenses shall be issued to any one corporation
or organization in a calendar year, and there shall be at least 30 days between
the license issue dates.
B. Not more than four such licenses shall be issued to any one location in a
calendar year.
900 - 10
City of Edina Liquor 900.17
C. Only one such license shall be issued for any date.
D. Each such license shall allow the on-sale of non-intoxicating malt liquor
only, and only on the premises described in, and for the days specified in, the
license.
E. Each such license shall be issued for three consecutive days only.
Subd. 3 Application for Temporary License. An application for a temporary
license shall be submitted and processed pursuant to Subsection 900.06, including
payment of the fee in the amount as set forth in Section 185 of this Code. The fee
shall be non-refundable.
Subd. 4 Applicants to Which License Requirements Apply. The provisions of
Subsection 900.13 shall not apply to licenses issued pursuant to this Subsection.
Subd. 5 Transfer of License. Once granted, and upon application made at least
five days in advance of the dates for which the license is issued, an applicant may
request a transfer of the license to another period of three consecutive days. The
Manager may grant such transfer if no temporary on-sale non-intoxicating malt
liquor license has been issued for that same time period.
PART E - SPECIAL REQUIREMENTS FOR ON-SALE WINE LICENSES
900.17 Special Licensing Requirements;Fees. In addition to the requirements imposed by
Subsection 900.06, the following special requirements shall apply to on-sale wine licenses.
Subd. 1 Licensed Premises. On-sale wine licenses shall be issued only to premises
that meet the following requirements:
A. The premises must be a restaurant having seating capacity for not fewer
than 30 guests at one time which is located in the R-1 District, or the PCD-1,
PCD-2,PCD-3 Subdistricts, or the Mixed Development District as established
by Section 850 of this Code.
B. The premises must have an exclusive entrance from and exit to the
exterior of the building in which the license premises is located or to a public
concourse or public lobby, and have a physical barrier separating the licensed
premises from other areas so as to prevent the passing of patrons other than
through the required entrances and exits.
C. Have a valid food establishment license issued pursuant to Section 720 of
this Code and have adequate space, as determined by the Sanitarian, for the
storage, preparation and handling or service of food and wine.
900 - 11
City of Edina Liquor 900.17
D. The premises must be under the control of the licensee.
E. The premises must have been approved by the Commissioner.
F. The premises shall not be increased in size or changed in seating capacity
during the then license period.
Subd. 2 Licensed Person. The on-sale wine licensee must:
A. Be an individual owner, a partnership or a corporation.
B. If an individual, not have (i) been convicted,within the five years prior to
the application for a license, of any violation of any law of the United States,
the State, or any other state or territory, or of any local ordinance with regard
to: (a)the manufacture,sale, distribution or possession for sale or distribution
of intoxicating liquor or other controlled substances as defined by State
Statute, (b) gambling, (c) theft, or (d) vice; or (ii) had an intoxicating liquor
license, including a wine on-sale license, revoked for any violation of any
statutes, ordinances or regulations relating to the manufacture, sale,
distribution or possession of liquor or wine.
C. Have a manager, licensed under Subd. 6 of this Subsection in charge of
and on the licensed premises at all times during which the licensed premises
are open for business.
D. Sign a statement indicating that the licensee has reviewed and
understands the pertinent provisions of this Section and applicable State laws.
E. Not have applied for nor hold a federal wholesale or retail liquor dealer's
special stamp or a federal or State gambling or gaming stamp or license.
F. Not be an employee or elected official of the City.
G. Not have falsified any information given either in the application or in the
process of investigation.
H. On renewal, not have been found in violation of any provision of this
Section or applicable State Law.
I. If an individual, be a U.S. citizen or resident alien.
J. Not be financially indebted to a person who is disqualified under
paragraphs B., E., or F. of this Subd. 2.
Subd. 3 Additional Information on Application. In addition to the requirements
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City of Edina Liquor 900.17
set forth in Subsection 900.06, the applicant, in the application form, shall provide
all information required by the State Department of Public Safety and other
information as deemed necessary by the City during the application process to
determine compliance with the provisions of this Section and applicable State Law.
Subd. 4 Renewal Applications. On-sale wine license renewal applications shall be
made at least 60 days before and not earlier than 150 days before the expiration date
of the license. A manager's license renewal application shall be made at least 30
days before and not earlier than 150 days before the expiration date of the license.
If, in the judgment of the Council as to on-sale wine licenses, and in the judgment
of the Manager as to manager's licenses, good and sufficient cause for the applicant's
failure to apply for a renewal within the time provided is shown, the Council, or
Manager, as the case may be, may, if the other provisions of this Section are
complied with, grant the license.
Subd. 5 Investigation Fees and Deposit. Upon application, the applicant shall
deposit $500.00 with the City for the investigation fee. If the investigation requires
out-of-state investigation, an additional $2,000.00 shall be deposited before further
processing of the application by the City. The cost of the investigation shall be based
on the expense involved, but in no event shall it exceed $500.00 if the investigation
is limited to the State or $10,000.00 if outside the State. All deposit monies not
expended on the investigation shall be refunded to the applicant. All investigative
expenses incurred in excess of the deposit shall be paid prior to consideration of the
license application by the Council. Investigation fees for license renewal shall not
exceed $100.00 unless there is a change of ownership of more than 10% cumulatively
over the then existing license period.
Subd. 6 Manager's License. The individual or individuals in charge of the licensed
premises pursuant to paragraph C. of Subd. 2 of this. Subsection shall be licensed
pursuant to this Subd. 6.
A. Each individual manager shall apply for a manager's license on
application forms provided by the Clerk. The application shall be
accompanied by the fee in the amount set forth in Section 185 of this Code.
The application shall be processed in a manner similar to that for an on-sale
wine license except a manager's license shall be granted or denied by the
Manager. Each application shall describe the licensed premises to be
managed by the applicant. The manager's license shall be restricted to the
licensed premises described in the application and shall not be transferable
to any other individual.
B. No investigative fee shall be required for a manager's license application,
but if investigated with an application for an on-sale wine license and if
investigation of the proposed manager for the licensed premises results in
additional expense, or out-of-state investigation, additional deposits may be
900 - 13
City of Edina Liquor 900.18
required to be made under Subd. 5 of this Subsection.
C. The applicant for a manager's license, in order to be issued a manager's
license hereunder, shall and must comply with all requirements of this Section
and State Law which are applicable to an applicant for a manager's license
including, without limitation, Subd. 2 of this Subsection and Subsection
900.18.
900.18 Conditions of Sale. In addition to the requirements of Subsection 900.07, the
following special requirements shall apply to the on-sale of wine.
Subd. 1 Meal Consumed With Wine. No person shall be sold, served or consume
wine who does not order a meal. The licensee shall advise all patrons of the
requirements of this Subd. 1 either through placards displayed in the restaurant or
notices contained in the menu and wine list.
Subd. 2 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
may be sold or consumed.
Subd. 3 Denied Sales or Consumption. No sales or consumption of wine shall be
permitted at a bar or beyond the licensed premises.
Subd. 4 Container Volume Restrictions. Wine may not be sold, served or
consumed in containers larger in volume than one liter.
Subd. 5 Sale Prices for Wine. No licensee shall promote the consumption of wine
on the licensed premises by any means or methods which result in wine prices which
are less than those normally charged on the then regularly used menu, including,but
not limited to, two-for-one or similar offers, prizes, coupons, games or barters.
Subd. 6 Diluting, Changing, or Tampering with Wine Prohibited. No licensee
shall sell, offer for sale or keep for sale, wine in any original package that has been
refilled or partly refilled. No licensee shall directly or through any other person,
dilute, or in any manner tamper with, the contents of any original package so as to
change its composition or alcoholic content while in the original package. Possession
on the premises by the licensee of any wine in the original package differing in
composition, alcoholic content or type from the wine received from the manufacturer
or wholesaler from whom it was purchased shall be prima facie evidence that the
contents of the original package have been diluted, changed or tampered with.
Subd. 7 Sunday Sales. Holders of wine licenses may sell wine during the same
hours on Sunday as holders of Sunday sale licenses may sell intoxicating liquor.
Subd. 8 State Law. All applicable provisions of State Law shall be complied with
in connection with the on-sale of wine.
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City of Edina Liquor 900.25
PART F - SPECIAL REQUIRMENTS FOR ON-SALE
OF INTOXICATING MALT LIQUOR
900.19 License Requirements. No person, directly or indirectly, upon any pretense or by
any device, shall sell at on-sale any intoxicating malt liquor unless such person, and the
premises where such sale is to be made, then has in force and effect (i) a license validly
issued by the City for the on-sale of wine, and (ii) a license validly issued by the City for the
on-sale of non-intoxicating malt liquor.
900.20 Conditions of Sale. In addition to the requirements of Subsection 900.07 and
Subsection 900.18, no person, directly or indirectly, upon any pretense or by any device,
shall sell any intoxicating malt liquor unless at least 60 percent of the gross receipts of the
licensed premises are attributable to the sale of food.
900.21 Affidavit of Percentage of Food Sold. The requirement of Subsection 900.20, that
at least 60 percent of the gross receipts of the licensed premises be attributable to the sale
of food, shall be established by an affidavit of the licensee, on a form provided by the Clerk.
The affidavit shall be given with each application for issuance or renewal of an on-sale wine
license. In addition, the licensee shall give such an affidavit at such other times as the Clerk
may request. Also, the Clerk, at any time and from time to time, may require that any such
affidavit be verified and confirmed, on a form provided by the Clerk, by a Certified Public
Accountant who is a member of the Minnesota Society of Certified Public Accountants.
Failure or refusal of a licensee to give such affidavit with such application, or on request
of the Clerk, or any false statement in any such affidavit, shall be grounds for denial,
suspension or revocation of all licenses held by such licensee for the on-sale of non-
intoxicating malt liquor or the on-sale of wine.
PART G - MISCELLANEOUS
900.23 Headings. For purposes of this Section, the Parts A through G and the language
with each Part, shall be a part of this Section and used in interpreting this Section.
900.24 License Revocation or Suspension. The penalty and remedy provisions of M.S.
340A.415 are hereby adopted and made a part of this Code and shall be useable by the City
to enforce this Section in addition to the provisions of Sections 100 and 160 of this Code.
Provided, however, the hearing required by said Statute before a license can be suspended
or revoked shall be before the Council and shall be held pursuant to the procedures set
forth in Section 160 of this Code.
900.25 Incorporation by Reference. The provisions of M.S. 340A. which are referenced
in this Section are hereby adopted and incorporated by reference and made a part of this
Section, including all regulations of the Commissioner which relate to such incorporated
provisions of M.S. 340A.
900 - 15
City of Edina Liquor 900.25
History: Ord 902 adopted 1-11-84; amended by Ord 902 AI 4-24-85; Ord 902-A2 12-11-85;
Ord 902-A3 4-23-86; Ord 902-A4 6-25-86; Ord 902-A6 12-19-89; Ord 902-A7 5-23-90, Ord
902-A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9; Ord 902 A10 4-10-91; Subsection 900.22
repealed by Ord 1993-1 1-20-93; Ord 1993-11 10-27-93; Subsection 900.26 repealed by Ord
1994-10 10-12-94
Reference: Minnesota Laws 1973, Chapter 441 (Sunday sale licenses for clubs); Minnesota
Laws, 1980, Chapter 410 (Sales at Edina Foundation Ball), M.S. 340A, 349
Cross Reference: Sections 100, 160, 185, 720, 850; Subsection 115.12
900 - 16
City of Edina Misdemeanors and Nuisances 1040.02
Section 1040 - Noises Disturbing the Public Peace
1040.01 Regulations Adopted; Measurement of Sound Levels.
Subd. 1 M.P.C.A.Regulations Adopted. There is hereby adopted and incorporated
herein by reference as a part of this Section, the Noise Pollution Control Regulations
of the Minnesota Pollution Control Agency, Air Quality Division, published as
Minnesota Rules, 1991, Chapter 7010 ("Regulations"), except as amended by
Subd. 2 of this Subsection.
Subd. 2 Measurement of Acceptable Sound Levels. Section 7010.0600 of the
Regulations is amended to read as follows:
A. A measurement procedure approved by the Sanitarian shall be used to
determine the acceptability of sound levels in a given area. Such
measurements shall be made using the following guidelines;
1. If the noise emanates from a place other than- a building or
structure, then the measurement shall be made at the point of human
activity in the receiving area which is the nearest the noise source and
which is typical for the noise area classification category of the
receiving area, except where existing barriers, obstructions or
reflecting surfaces prevent an accurate measurement; and
2. If the noise emanates from a building or structure, then the
measurement shall be made from the property line of the property on
which the building or structure is situated.
1040.02 Prohibited Noises. No person shall make, continue, or cause or allow to be made
or continued, any noise which exceeds the standards set forth in the Regulations. The
foregoing prohibition shall not apply to the following conditions:
A. Noises necessary for the protection or preservation of property or of the health,
safety, life or limb of a human being;
B. The operation of motor vehicles on public highways, locomotives and railroad
cars,maintenance of utility easements or parks or snow removal by the City, County
or State;
C. Construction equipment at construction sites during daytime hours.
D. Snow removal from private property within 24 hours of a snowfall exceeding
four inches in depth.
1040 - 1
City of Edina Misdemeanors and Nuisances 1040.08
1040.03 Codes on File. One copy of each of the following, each marked Official Copy,
shall be filed in the office of the Clerk for use and examination by the public:
Subd. 1 Minnesota Pollution Control Agency. Noise Pollution Control Regulations
of the Minnesota Pollution Control Agency Air Quality Division published as
Minnesota Rules, 1991, Chapter 7010; and
Subd. 2 American National Standards Institute. American National Standards
Institute Specification for Sound Level Meters, SI.4-1983.
1040.04 Advertising Noises. No person shall make or cause to be made for the purpose
of advertising or announcing the person's vocation or presence, or in connection with the
buying or selling of any goods, wares, merchandise, services, or anything whatsoever, or
with the carrying on of any trade, occupation, vocation, or profit-making activity, an
amplification of the voice, or of any bell, gong, horn, instrument, article or device. The
violation of this Subsection in connection with any license or permit shall be cause for its
revocation or suspension pursuant to Section 160 of this Code.
1040.05 Engines to be Muffled. It shall be unlawful to operate or cause to be operated
any noise-creating blower or power fan, internal combustion engine, air compressor or
steam engine, the operation of which causes noises due to the explosion of operating gases
of fluids, unless the noise from such blower or fan is muffled and such engine or
compressor is equipped with a muffler device sufficient to deaden such noises, so that the
noise shall not cause annoyance to the public or disturb the rest and quiet of persons of
normal sensibilities in the vicinity.
1040.06 Mechanical Sound Devices. No person shall make, cause or allow to be made or
continued, any unreasonably loud or raucous noise, in the operation or use of any radio,
phonograph or other mechanical, pneumatic or electrical sound-making or reproducing
device, instrument or machine, which disturbs the comfort, quiet or repose of persons of
normal sensibilities in the vicinity.
1040.07 Alarm Systems. No person shall permit an automatic fire alarm or intrusion
alarm system under the person's control to emit, for period exceeding 20 minutes, an
audible alarm which disturbs the comfort, quiet or repose of persons of normal sensibilities
in the vicinity.
1040.08 Permit Necessary for Loudspeakers and Similar Devices. No person shall use or
operate, or cause or allow to be used or operated, in any public street or place, or from any
aircraft, or in front of or outside of any building, place or premises, or in or through any
window, doorway or opening of such building, place or premises, abutting on or adjacent
to any public street or place, any device, apparatus or instrument for the amplification of
the human voice or any other sound or noise, or any other sound-making or sound-
reproducing devices, without obtaining a permit from the City. Application for the permit
shall be made to the Clerk on forms provided by the Clerk. The provisions of Section 160
1040 - 2
City of Edina Misdemeanors and Nuisances 1040.09
of this Code shall apply to permits issued under this Subsection and to the holders of such
permits. The application shall require, among other information required by Section 160
of this Code, the hours and location of the proposed use, and the maximum volume (in
decibels) of the proposed use. If the proposed use complies with the provisions of this
Section and other applicable provisions of this Code, the permit shall be granted. The fee
for such permit shall be set forth in Section 185 of this Code. Subsequent violation of any
provision of this Section or this Code by the permit holder shall be cause for revocation or
suspension of the permit pursuant to Section 160 of this Code. This Subsection shall not
apply to emergency vehicles or loudspeakers and similar devices used by the City.
1040.09 Participants as Violators. Any person on the premises or at the place from which
any noise emanates which violates the provisions of this Section, and who is participating
in the activity for which or from which the noise is being made, shall be deemed to be
making, or allowing to be made, the noise in violation of this Section.
History. Ord 1032 codified 1970; amended by 1032 Al 8-12-81, 1032-A2 9-29-82, 1032-A3 9-
10-84
Reference: Minnesota Rules, 1991, Chapter 7010
Cross Reference: Sections 160, 185
1040 - 3
City of Edina Misdemeanors and Nuisances 1046.01
Section 1046 - Parking and Storage of Vehicles and Equipment
1046.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection:
All Terrain Vehicle (AM. A motorized flotation-tired vehicle of not less than three
low pressure tires, but not more than six tires, that is limited in engine displacement
of not less than 800 cubic centimeters and total dry weight less than 600 pounds.
Boat. Any contrivance used or designed for navigation on water.
Commercial Usage Vehicles.
A. Vehicles and equipment designed or modified for use in any construction,
demolition, or maintenance activity.
B. Tractors.
C. All trailers or towed equipment exceeding a gross vehicle weight of 1500
pounds but not including recreational vehicles or trailers used to transport
boats, snowmobiles or ATVs.
D. Snow removal vehicles and equipment and tree trimming vehicles and
equipment.
E. Earth moving vehicles and equipment.
F. Trucks, vans and pickups with a manufacturer's nominal rated carrying
capacity of more than three fourths ton.
District. A zoning district established pursuant to Section 850 of this Code.
Inoperable Vehicle. A vehicle including, but not limited to, any automobile, truck,
trailer, marine craft, snowmobile, motorcycle, all terrain vehicle, mobile home,
pickup camper, camping trailer, and other equipment for motorized transportation,
that (i) has a missing or defective part that is necessary for the normal operation
of the vehicle, or (ii) is stored on blocks, jacks, or other supports, or (iii) does not
display a license, or displays a license that is 60 days or more past its required
renewal date. Unmounted pickup campers or vehicles which are towed shall not be
deemed inoperable vehicles if they otherwise possess all parts and are capable of
normal operation and display a license that is not more than 60 days past its
required renewal date if a license is required.
Non-Conforming Parking Location. An outdoor location on the driveway of a lot
1046 - 1
i
1
City of Edina Misdemeanors and Nuisances 046.01
in the R-1 or R-2 District which location is not within 15 feet of the street and not
within five feet of a side lot line.
Recreational Vehicle. A vehicle used or designed for use for temporary residential
occupancy including but not limited to campers,motorhomes, mobile homes, pickup
campers, camping trailers, tent trailers and travel trailers.
Snowmobile. A self-propelled vehicle designed for travel on snow or ice steered by
skis or runners.
Special Purpose Trailer. A trailer having a gross vehicle weight of less than 1500
pounds. Special purpose trailers include utility trailers, and trailers used to
transport boats, snowmobiles or ATVs.
1046.02 Parking or Storage of Commercial Usage Vehicles,Inoperable Vehicles and Vehicle
Parts. Commercial usage vehicles, inoperable vehicles, or any part or equipment
appurtenant to any vehicle shall not be:
A. Parked or stored outdoors on lots in residential districts.
B. Parked or stored outdoors on lots in non-residential districts for more than 48
hours.
Provided, however, vehicles and equipment used for maintenance, repair, or construction
on the premises may be parked on the premises during the period of work.
1046.03 Parking or Storage of Recreational Vehicles, Boats, ATVs, Snowmobiles, etc.
Recreational vehicles, boats, ATVs, snowmobiles, special purpose trailers or other vehicles
designed or used for off-road purposes may be parked or stored in a garage or lawfully i
erected building, or may be parked or stored outdoors as follows:
i
Subd. 1 Lots in the R-1 District, R-2 District, PRD-1 and PRD-2 Subdistricts.
A. No more than two such vehicles, not more than one of which is a
recreational vehicle, shall be parked or stored outdoors on each lot. For
purposes hereof, a vehicle on a trailer shall be considered one vehicle.
B. Any such vehicle parked or stored outdoors shall be owned or leased by
the occupant of the premises where parked or stored.
C. Any such vehicle shall not be parked or stored within five feet of an
interior side lot line, within 25 feet of a rear lot line, or within the required
front street setback or side street setback as defined by Section 850 of this
Code.
1046 - 2
City of Edina Misdemeanors and Nuisances 1046.04
D. Any such vehicle shall not be parked or stored closer to the buildable
area for a principal building on an adjoining lot than to the principal building
on the lot where parked or stored.
E. Notwithstanding the requirements of paragraphs A., B., C., and D. of this
Subdivision, any such vehicle may be parked on a temporary basis on a
driveway within the required front street setback or side street setback
subject to the following requirements:
1. Such vehicle shall not be parked for a period of time exceeding
seven days.
2. Such vehicle shall not be parked within 15 feet of the travelled
portion of a street and not within five feet of a side or rear lot line.
It is the intent of this paragraph to permit the short term parking of such
vehicles for loading or unloading purposes and to accommodate the visitors
and guests of the residents of the premises.
Subd. 2 Lots in All Other Residential Districts.
A. Any such vehicle parked or stored outdoors shall be owned or leased by
the occupant of the premises where parked or stored.
B. Any such vehicle parked or stored outdoors shall be parked or stored only
on hard surfaced areas.
Subd. 3 Lots in Non-Residential Districts.
A. Any such vehicle shall not be parked or stored outdoors for more than 48
hours.
B. Any such vehicle shall be parked or stored only on areas improved as a
parking area.
1046.04 Other Vehicles. Passenger automobiles and all other vehicles not regulated by
Subsection 1046.02 and Subsection 1046.03 may be parked or stored in a garage or
lawfully erected building, or may be parked or stored outdoors as follows:
Subd. 1 Lots in the R-1., R 2, PRD-1 and PRD-2 Districts. On the driveway but
not within 15 feet of the travelled portion of the street or within five feet of a side
or rear lot line.
Subd. 2 Lots in All Other Residential Districts. On a parking area that is hard
surfaced.
1046 - 3
City of Edina Misdemeanors and Nuisances 1046.05
Subd. 3 Lots in All Other Non-Residential Districts. On a parking area that is
hard surfaced but not for periods exceeding 48 hours. Provided, however, vehicles
may be stored for periods exceeding 48 hours on lots in the PCD-3 District as
defined in Section 850 of this Code, which are used for the sale of new or used
automobiles or boats.
1046.05 Variances for Recreational Vehicles, Boats, etc.
Subd. 1 Variance System Established. The restrictions set out in Subsection
1046.03 are necessary for the peace,health, safety and welfare of the citizens of the
City. It is recognized that there are so many kinds of recreational vehicles, boats,
etc. and so many shapes and sizes of lots and land parcels within the City, that no
matter what restrictions are placed upon their outdoor parking and storage,
hardships will result to some owners of recreational vehicles, boats, etc. and
nuisances will result to some non-owners. In an attempt to avoid such hardships
and nuisances, this variance system is established.
Subd. 2 Application. Any person desiring to locate a vehicle in a location not
permitted by Subsection 1046.03 may file a petition for a variance with the Planner
on forms provided by the Planner. The applicant shall pay a fee as set forth in
Section 185 of this Code. No variances shall be given or allowed for more than the
number of vehicles allowed by Subsection 1046.03.
Subd. 3 Hearing and Decisions by the Board; Notice.
A. Within 30 days after the Planner determines that a variance petition is
complete, and all required fees and information have been received, the
Zoning Board of Appeals as established by Section 850 of this Code shall
conduct a public hearing and after hearing the oral and written views of all
interested persons, shall make its decision at the same meeting or at a
specified future meeting. Any decision granting a variance may impose
conditions which the Board deems necessary to ensure compliance, protect
adjacent properties and promote the peace, health, safety and welfare of the
citizens.
B. 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 Planner from records
maintained by the Assessor.
Subd. 4 Appeal. The applicant, any owners to whom notice of the hearing was
given, or any member of the staff of the City, may appeal a decision of the Board
to the Council, by filing a written notice of appeal with the Clerk within ten days
1046 - 4
City of Edina Misdemeanors and Nuisances 1046.05
after the date of the decision.
Subd. 5 Hearing by Council. The Council, at its next regular meeting after the
appeal is filed, shall set a date for hearing the appeal. Notice of the hearing shall
be given in the same manner as the hearing before the Board. At the hearing, all
persons shall be heard who wish to be heard, in person or by a representative. At
the hearing, or a specified future date, the Council shall make its decision. The
Council's decision shall set forth its findings and reasons for granting or denying the
variance, or the Council may adopt, as its own, the findings and reasons of the
Board. On granting a variance, the Council may impose conditions to the same
extent as the Board as set out in Subd. 3 of this Subsection.
Subd. 6 Variance Order. Each variance order shall be retained on the property
to which it relates and shall be displayed at the request of any City employee.
Subd. 7 Variance Not Transferrable, Exception. Each variance shall be limited
and restricted to the stated person, vehicle and property location and may not be
transferred to any other person, or be used for any other vehicle or property
location. Provided, however, a variance may be transferred to another vehicle
provided such vehicle is not longer, wider, taller or older than the vehicle for which
the variance was initially granted.
Subd. 8 Revocation of Variance. Each variance granted may be revoked by the
City for failure of the recipient to comply fully and continually with the stated
conditions or for any violation of the provisions in Subd. 7 of this Subsection.
1046.06 Non-Conforming Parking and Storage. Any recreational vehicle, boat,
snowmobile, all-terrain vehicle, or special purpose trailer which was parked or stored in
a non-conforming parking location prior to the effective date of this Section may continue
to be so parked or stored subject to the requirements of this Subsection.
Subd. 1. Standards for Parking and Storage.
A. An inoperable vehicle shall not be parked or stored in a non-conforming
parking location. An inoperable vehicle may be parked or stored only in
those locations required by Subsection 1046.02.
B. No more than one recreational vehicle, boat, snowmobile, all-terrain
vehicle, or special purpose trailer shall be parked in a non-conforming
parking location.
C. Any recreational vehicle, boat, snowmobile, all-terrain vehicle, or special
purpose trailer parked or stored in a non-conforming parking location shall
have been owned continuously since the enactment of this Section by the
occupant of the premises where parked or stored.
1046 - 5
City of Edina Misdemeanors and Nuisances 1046.06
D. The lot upon which a recreational vehicle, boat, snowmobile, all-terrain
vehicle, or special purpose trailer is parked or stored in a non-conforming
parking location shall have been owned or rented continuously since the
enactment of this Section by the owner of the vehicle so parked or stored.
i
Subd. 2. Proof of Ownership. Upon the request of any City employee, the
occupant of the premises where a recreational vehicle, boat, snowmobile, all-terrain
vehicle, or special purpose trailer is parked or stored in a non-conforming parking
location, shall provide proof of compliance with paragraph C. and paragraph D. of
Subd. 1 of this Subsection.
History Ord 1031 codified 1970, amended by Ord 1031 Al 1-30-80, Sec 1045 codified 8-26-92,
Ord 1992-1 adopted 11-2-92 repealed Sec 1045
Cross Reference. Sections 185, 850
1046 - 6
City of Edina Streets and Parks 1200.02
CHAPTER 12. STREETS AND PARKS
Section 1200 - Use and Maintenance of Streets,
Alleys, Sidewalks, Easements, Parks, and
Other City Owned Property
1200.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection:
Alley. A public right-of-way owned by the City or over which the City owns an
easement which is less than 30 feet in width and which is used or is usable as a
public thoroughfare.
Boulevard. That portion of a street not occupied by the traveled portion of the
street or a sidewalk.
Easement. An easement owned by the City for any public purpose.
Park. Property owned by the City which is used or is usable for park, recreation or
open space purposes.
Public Grounds. Any land owned by the City, or over which the City owns an
easement, including streets and alleys.
Sidewalk. An improved thoroughfare located on a public right-of-way or public
easement limited to usage by pedestrians and non-motorized vehicles.
Street. A right-of-way owned by the City or over which the City owns an easement
which is 30 feet or more in width and which is used or is usable as a public
thoroughfare.
1200.02 Encumbrances or Obstructions.
Subd. 1 Prohibited Encumbrances or Obstructions. Except as provided in
Subd. 2 of this Subsection, no person shall obstruct, encroach upon, encumber, or
interfere wholly or partially, with any street, boulevard, alley, sidewalk, easement,
park or public ground by placing or installing any of the following:
A. Curbing or pavement.
B. Fences or landscaping.
C. Buildings or structures.
1200 - 1
City of Edina Streets and Parks 1200.02
D. Refuse, as defined in Section 705.
E. Combustible materials.
F. Implements, tools, boxes, merchandise, goods, or cans.
G. Corn poppers, peanut roasters, ice cream containers, vending or food
carts or islands.
H. Construction material, including sand, gravel, sod or other earthen
material.
I. Snow or ice.
J. Posts, pillars, or other supports for awnings, canopies or other structures.
K. Signs.
L. Wires or cables above a street, alley or sidewalk.
Subd. 2 Exceptions. The following are exceptions to Subd. 1 of this Subsection:
A. Any activities undertaken by the City.
B. The deposition of snow and ice by snow and ice removal operations of the
City, County or State.
C. The deposition of snow and ice from privately owned property provided
that such snow and ice is deposited only upon boulevards and adjacent to and
not separated by the traveled portion of the street from the private property
from which the snow or ice is removed.
D. Vehicles parked on streets in accordance with Section 1400 this Code.
E. Driveways installed and paved on a boulevard in accordance with the
requirements of Section 1205 of this Code.
F. Shade trees planted on boulevards, provided that the following species are
prohibited unless permission is granted in writing by the Park Director:
1. Willows.
2. Elms.
3. Boli Elder.
1200 - 2
City of Edina Streets and Parks 1200.02
4. Cottonwood, aspen, poplar or other members of the genus
Populus.
5. Pine, spruce, fir, yew or other conifers.
6. Silver maple.
G. Trees, shrubs, landscape materials, fences, driveways and parking lots
installed on easements held by the City for underground utility purposes.
H. Trees and other plantings which overhang the travelled portion of streets
provided that no portion of such tree or planting is less than 16 feet above
the travelled portion of the street.
I. Grass clippings and leaves placed in containers on boulevards subject to
Subsection 705.04 of this Code.
J. Privately owned bus stop benches and street furnishings and publicly
owned bus stop shelters placed on streets, sidewalks and boulevards subject
to the written approval of the Engineer as to location so as to avoid danger
to vehicles and pedestrians.
K. Newspaper vending machines and U.S. Postal Service drop boxes placed
on sidewalks and boulevards subject to the written approval of the Engineer
as to location so as to avoid danger to vehicles and pedestrians.
L. Awnings not supported by posts or pillars which extend over sidewalks
provided that not less than eight feet of clearance is provided between the
sidewalk elevation and the lowest point of the awning.
M. Mail boxes subject to U.S. Postal Service standards, provided that mail
boxes which are integral to a structure must be approved in writing by the
Engineer.
N. Installed sprinkler systems provided that the system shall be maintained
by the owner of the adjacent property.
O. Wires or cables installed by a public utility.
P. Pushcarts as defined in Section 720 of this Code placed on sidewalks and
public walkways within the area included in the plan prepared by the HRA
entitled "50th and France Commercial Area Plan" dated December 3, 1974,
subject to a permit issued pursuant to Subsection 1230.02 of this Code.
1200 - 3
City of Edina Streets and Parks 1200.05
Q. Sidewalk cafes as defined by Section 1230.01 of this Code subject to a
permit issued pursuant to Subsection 1230.07 of this Code.
1200.03 Sidewalks.
Subd. 1 Snow and Ice Removal. All snow and ice shall be removed from a
sidewalk by the owner of the property adjoining the sidewalk within 48 hours of the
cessation of the precipitation.
Subd. 2 Maintenance of Sidewalks. No owner of any property adjoining a
sidewalk shall permit any plank, brick, stone or segment of the sidewalk to be raised
above the established level of the sidewalk by more than one half inch or permit any
holes or depressions to occur in which a pedestrian may trip.
Subd. 3 Maintenance of Boulevards. Every owner of property adjoining any
public street or alley shall cause the grass or weeds to be cut or mowed from the lot
line adjoining such street or alley to the center of such street or alley. The standards
contained in Section 1050 of this Code shall apply to grass and weeds located on the
boulevard.
Subd. 4 Exemption. Subd. 1 and Subd. 2 of this Subsection shall not apply to
owners of property adjoining sidewalks that were constructed in whole or in part with
Municipal State Aid Funds or sidewalks located upon rights-of-way controlled by the
County or State.
1200.04 Miscellaneous.
Subd. 1 Removal of Barricades. No person shall remove, run over, relocate, or
interfere with any barricade placed by the City, County, State, or any private utility
company.
Subd. 2 Uncompleted Construction. No person shall walk upon or drive a
motorized or non-motorized vehicle across any street, alley or sidewalk which has not
been opened for travel by the public.
1200.05 Abatement of Nuisance. Any obstruction or encumbrance as described in Subd.
1 of Subsection 1200.02 or any snow or ice not removed from a sidewalk as provided in
Subd. 1 of Subsection 1200.03 or any defect in a sidewalk as described in Subd. 2 of
Subsection 1200.03 or grass or weeds not cut as provided in Subd. 3 of Subsection 1200.03
is hereby declared a nuisance. After at least seven days written notice to the person
responsible for the nuisance,the City may cause said nuisance to be removed or abated and
the cost of removal or abatement may be charged and assessed against the property owned
by the person responsible for the nuisance. Such charge and assessment shall be done
pursuant to Subd. 4 of Subsection 1200.06. When so assessed, the cost shall be certified to
the County Auditor for collection as other taxes are collected. The name and address of
1200 - 4
City of Edina Streets and Parks 1200.06
the person responsible for such nuisance shall be obtained from records maintained by the
Assessor.
1200.06 Work Undertaken by the City.
Subd. 1 Items of Work. Pursuant to Chap. 59, State Laws of 1988, the City may
undertake the following items of work:
A. Removal of snow, ice and rubbish, including litter, from sidewalks, streets
and alleys and public parking facilities.
B. Elimination of weeds, including aquatic weeds, from sidewalks, streets,
alleys, waterbodies and other public or private property.
C. Sweeping, oiling, sprinkling or other dust treatment of public streets or
alleys, including incidental maintenance work.
D. Trimming and care of trees and the removal of unsound or diseased trees
on streets or alleys.
E. Repair of sidewalks and alleys.
F. Operation, including maintenance and repair, of lighting systems for
streets, sidewalks and parking facilities.
G. Operation, including maintenance and repair, of public parking facilities,
parks and related facilities.
H. Removal or elimination of health or safety hazards from private property,
excluding any structure included under the provisions of M.S. 463.15 to
463.26.
Subd. 2 Record of Cost. The Engineer shall keep records of and report to the
Clerk the actual cost of such work, or in the case of costs to be charged before the
incurrence pursuant to Subd. 3 of this Subsection, the estimated cost of such work.
Such records and reports shall include the cost of all the work done or to be done
on any streets situated beyond the City boundaries pursuant to a cooperative or joint
powers agreement with a neighboring municipality.
Subd. 3 Collection Before Levy as a Special Assessment. All costs incurred or to
be incurred for such work shall be charged with such frequency as the Council by
resolution shall determine, to each owner of each separate lot or parcel of land
benefitted by such work, in proportion to the benefits conferred upon the lot or
parcel. If any charge is made for a cost to be incurred and, based upon subsequent
actual costs, is found to be excessive, subsequent charges shall be reduced by such
1200 - 5
City of Edina Streets and Parks 1200.08
excess, and if deficient, subsequent charges shall be increased by such deficiency.
Any charge not paid in full by September 10 of each year shall be levied as a special
assessment against the lot or parcel of land benefitted. Such charges shall not be
made or levied against detached, single family housing for the operation,
maintenance or repair of public parks and related facilities.
Subd. 4 Levy of Assessment. On or before September 15 of each year, the Clerk
shall prepare an assessment roll assessing all costs of such work reported to the
Clerk against each separate lot or parcel of land benefitted by the work, in
proportion to the benefits conferred upon such lot or parcel, subject to the provision
in Subd. 3 of this Subsection. Where such work is done pursuant to a cooperative
or joint powers agreement between the City and a neighboring city, the cost of the
work done by the City shall be spread against all lots or parcels of land abutting on
the City side of the streets covered by the cooperative agreement. The Council shall
examine such assessment roll submitt-ed by the Clerk, and if satisfactory, shall call a
public hearing and levy special assessments for the work in accordance with M.S.
429.061. All such special assessments shall be payable in a single installment or
additional annual installments not to exceed the maximum number allowed by law
with interest thereon as may be fixed by the resolution approving the special
assessments, but not to exceed the highest rate allowed by law.
1200.07 Methods and Remedies. The methods and remedies authorized by this Section
are in addition to any other methods or remedies available to the City by State Law or
other provisions of this Code.
1200.08 Petty Misdemeanor. Any violation of paragraph C. of Subd. 2 of Subsection
1200.02 shall be a petty misdemeanor.
History: Ord 1201 codified 1970; amended by Ord 1201-A 12-6-73, Ord 1993-5 4-28-93, Ord
1994-6 12-27-94
Reference: M.S. Chapter 59, State Laws of 1988; 429.101, Subd. 2 & 3, 463.15 to 463.26
Cross Reference: Sections 705, 720, 1050, 1205, 1400; Subsections 705.04, 1230.01, 1230.07
1200 - 6
City of Edina Streets and Parks 1215.04
Section 1215 - Work within the 50th & France Commercial Area
1215.01 Area Defined. The 50th & France Commercial Area shall be the area within the
City included within the plan prepared by the Housing and Redevelopment Authority of
Edina, Minnesota, entitled "50th & France Commercial Area Plan", dated December 3,
1974. Parking facilities shall mean all City owned lots, lanes, ramps, and accessories on
the surface, aboveground, and underground.
1215.02 Items of Work. In addition to the items of work described in Subd. 1 of
Subsection 1200.06, the City may undertake any one or more of the following items of
work in the 50th & France Commercial Area pursuant to Chapter 59, State Laws of 1983:
A. Removal of snow, ice, and refuse, including litter, from sidewalks, streets and
parking facilities.
B. Elimination of weeds from any and all streets, sidewalks, and private property.
C. Removal or elimination of any public health or safety hazards from private
property.
D. Trimming and care of trees and the removal of unsound trees.
E. Repair of sidewalks and alleys.
F. Operation, including maintenance and repair, of City owned lighting systems,
streets, sidewalks and public parking facilities.
1215.03 Payment Plan. All costs incurred or to be incurred for the work, as the Council
by resolution shall determine to charge, shall be charged semiannually, or with such other
frequency as the Council by resolution shall determine, to each owner of each separate lot
or parcel of land within the 50th & France Commercial Area, in proportion to the benefits
conferred upon the lot or parcel. If any charge is made for a cost to be incurred and, based
upon subsequent actual costs, is found to be excessive, subsequent charges shall be reduced
by such excess, and if deficient, subsequent charges shall be increased by such deficiency.
Any charge not paid in full by September 10 of each year shall be levied as a special
assessment against the lot or parcel of land benefitted.
1215.04 Assessment of Unpaid Charges. On or before September 15 of each year, the
Clerk shall prepare an assessment roll assessing against each separate lot or parcel of land
within the 50th & France Commercial Area all costs of the work charged against the lot
or parcel and unpaid as of September 10 of that year. The Council shall examine the
assessment roll submitted by the Clerk and shall call a public hearing and levy special
assessments for the work in accordance with M.S. 429.061. All such special assessments
shall be payable in a single installment, or in up to ten equal annual installments, if the
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City of Edina Streets and Parks 1215.04
Council by resolution so provides, with interest at the rate fixed in the resolution approving
the special assessments, but not to exceed the maximum interest rate allowed by law.
History: Ord 1212 codified 1970; amended by 1212 AI 8-11-76
Reference: M.S. Chapter 59, Laws of 1983, 429.061; 429.101, Subd. 2 & 3
Cross Reference: Subsection 1200.06
1215 - 2
City of Edina Streets and Parks 1230.02
Section 1230 - Conduct in Parks and Public Places
1230.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Park. Property owned by the City which is used or is usable for park, recreation or
open space purposes.
Programmed Park. Any enclosed park in which activities are programmed or
scheduled by the Park Director, including, but not limited to Edinborough Park.
Publicly Owned Property. Any property owned by the City, County or State.
Sidewalk. An improved thoroughfare located on a public right-of-way or public
easement limited to usage by pedestrians and non-motorized vehicles.
Sidewalk Cafe. Tables, chairs, benches and appurtenant equipment located on a
sidewalk (i) for the exclusive use by patrons of an abutting food estalbishment as
defined by Section 720 of this Code, or (ii) where the service of food or beverages
is offered to persons using such tables, chairs and benches.
Street. A right-of-way which is used or is usable as a public thoroughfare for
motorized or non-motorized vehicles or pedestrians. "Street" as used herein includes
public highways, streets, roads, and alleys.
1230.02 Conduct in Parks, Streets,Sidewalks, and Publicly Owned Property. No person,
in any park, street, sidewalk or publicly owned property, shall:
A. Cut, break, scratch, mark or in any way injure or deface or remove any building,
fence, post, pump, lamp, flagpole, construction work, improvement, facility or any
other structure or property.
B. Post, paste, fasten, paint or affix any placard, bill, notice, or sign upon any motor
vehicle, structure, pole, tree, stone, fence, thing or enclosure unless first authorized
in writing by the City.
C. Pick or cut any wild or cultivated flower, or cut, break, or in any way injure or
deface any tree, shrub or plant, provided that a property owner may prune trees and
shrubs on the street right-of-way adjoining his or her property subject to the
permission of the Park Director.
D. Remove any wild flower, tree, shrub,plant, branch or portion thereof, or any soil
or other material.
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City of Edina Streets and Parks 1230.02
E. Go on foot or otherwise upon grass or turf where a prohibitory sign is posted.
F. Throw or cast any stone or other object, or aim or discharge any air gun, sling
shot or other weapon except according to the rules of a game or recreation
permitted in writing by the City.
G. Deposit, place or leave any paper, rubbish, waste, cans, bottles, or refuse of any
kind except in receptacles provided for the collection of waste.
H. Deposit, place, or leave in publicly owned waste receptacles refuse generated
from normal household or business activities.
I. Start or maintain any fire except small fires made by picnic parties in those
locations in parks designated for that purpose by the City.
J. Abandon any fire made pursuant to paragraph I. of this Subsection without
completely extinguishing the fire and depositing the ashes or coals from such fire,
after they have cooled sufficiently, in receptacles provided for waste.
K. Perform acts prohibited by Section 1000 of this Code.
M. Set, lay, or prepare or use any trap, snare, artificial light, net bird line, ferret,
hawk or any contrivance or device whatever for the purpose of catching, taking or
killing any bird or wild creature. The prohibition in this paragraph shall not apply
to trapping by any means or methods done by the City, or done under its direction,
or done by any other governmental agency or department with the written permission
of the Manager, or done by any person with a valid trapping license issued by the
State and with the written permission of the Manger. All trapping shall be done in
accordance with State Law.
N. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
O. Consume intoxicating or non-intoxicating malt liquor,wine,or intoxicating liquor,
as defined in Section 900 of this Code, except that:
1. Non-intoxicating malt liquor and wine which is dispensed by the City or
by an authorized agent of the City may be consumed subject to other
applicable provisions of this Code and subject to the rule and regulations of
the Park Director pursuant to Subsection 1230.06 in the following places:
a. Inside the clubhouse of a golf course.
b. Inside a programmed park or indoor recreational facility located in
a park, except picnic shelters, warming houses, ice arenas or
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City of Edina Streets and Parks 1230.03
maintenance buildings.
c. Within the ballfield complex of Van Valkenburg Park.
2. Non-intoxicating malt liquor, intoxicating malt liquor, and wine may be
consumed at sidewalk cafes which are licensed in accordance with Section 900
of this Code and which are authorized by a permit issued pursuant to
Subsection 1230.07 of this Code.
P. Destroy, injure, or tamper with any sewer, storm sewer, water main, culvert or
any part thereof including manhole covers, tanks or valves.
Q. Hitch any animal to a lamp post, hydrant, drinking fountain, tree or other
structure or picket an animal to the ground.
R. Park or occupy a vehicle or occupy a street or sidewalk to sell any farm produce
or any other product or property, or for conducting any business or selling of services
except as provided in Subsection 1230.07 of this Code.
S. Place any vehicle to display the vehicle for sale or exchange.
T. Work, grease, repair, change oil or maintain in any way a vehicle, except as
necessitated by an emergency.
U. Use a skateboard, roller skates, in line roller skates or blades, scooters or similar
devices (i) upon the traveled portion of a street, (ii) in a municipal parking facility,
or (iii) on or across a sidewalk in any business district.
V. Feed any wild animal or bird, or deposit a food source for wild animals or birds.
1230.03 Additional Restrictions for Parks and Publicly Owned Properties. In addition to
the requirements of Subsection 1230.02, no person shall in any park or publicly owned
property:
A. Place or keep any goods,wares, merchandise or other articles without the written
permission of the Park-Director.
B. Participate in or conduct any band procession, parade or military formation
without the written permission of the Park Director.
C. Promote or participate in an entertainment or exhibition without the written
permission of the Park Director.
D. Give any public speech or hold or participate in any rally, convention, assembly
or meeting without the written permission of the Park Director, which shall be
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City of Edina Streets and Parks 1230.04
withheld only when necessary to prevent conflict with regular park activities.
E. Sell or offer for sale any article in any public park; provided, that refreshments
or other articles may be sold by the City or by persons authorized to do so by the
Park Director.
F. Be in or remain in, or park or leave any vehicle between the hours of 12
midnight and 6 A.M., except when the vehicle is moving upon a street or when
permitted by the Park Director.
G. Drive or park a vehicle on any area not designated for parking or travel.
H. Take or allow any dog or other animal where forbidden by posted signs.
I. Take or allow any horse or other livestock upon any park, publicly owned
property or public waters without the written permission of the Park Director.
J. On any public skating rink, no person shall race, play games which interfere with
the general public use, use hockey sticks or pucks in areas not marked for hockey
play, or loiter in public warming houses.
K. Play or participate in baseball, diamond ball, basketball, football, golf, tennis,
archery or any other game or sport except in or upon appropriate areas established
by the City for such game or sport.
L. Play upon, use, or enter any publicly owned property without having first paid an
admission or entry fee when one is required.
M. Bathe or swim in water adjoining a park except at places and during hours
shown by signs placed by the City.
1230.04 Additional Restrictions for Programmed Parks. In addition to the requirements
of Subsections 1230.02 and 1230.03, no person in a programmed park shall:
A. Act in a manner that is disruptive or distracting to programmed or scheduled
activities.
B. Use the park or any equipment in a manner inconsistent with the programmed
or scheduled activities.
C. Physically obstruct or hinder free passage on walkways and paths within the park.
D. Run or move rapidly along walkways or pathways within the park in a manner
that would interfere with sedentary use of the park or would be disruptive or
dangerous to pedestrian traffic within the park.
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City of Edina Streets and Parks 1230.05
E. Be or remain within the park before or after posted hours of operation without
written permission of the Park Director.
F. Be or remain within any area of the park closed to public use without written
permission of the Park Director.
G. Walk, run, climb, sit, stand or be physically present in any area designed for or
planted with vegetation, or be in any water area or other area not designed for
human activity.
H. Use any electric sound receiving, transmitting or reproducing device in such a
manner as to annoy or disturb persons within the park, or disturb or interfere with
programmed or scheduled activities.
I. Use or consume alcoholic beverages contrary to this Code or contrary to any rules
and regulations of the Park Director or contrary to any license or lease by which the
user or consumer is within the park.
J. Use or consume alcoholic beverages not dispensed by a person or group duly
licensed by the City to use the park.
K. Use tobacco in any form.
L. Operate skateboards, roller skates, in line roller skates or blades, bicycles,
scooters, or similar vehicles or devices, unless part of a programmed or scheduled
activity.
M. Act disorderly.
N. Trespass.
1230.05 Additional Requirements for Waterbodies. In addition to the requirements of
Subsection 1230.02, no person shall on any lake, pond or stream within the City:
A. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Mankger.
B. Use any mechanically propelled boat or other watercraft unless being used for
emergency rescue or the maintenance of the lake, pond, or stream.
C. Use any watercraft unless in full compliance with State Law and the rules and
regulations of the State Commissioner of the Department of Natural Resources
including the use of personal floatation devices.
D. Erect or maintain a shelter on the ice unless the shelter is portable and is
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City of Edina Streets and Parks 1230.07
removed each day.
E. Start or maintain any fire on the ice provided that a manufactured heater using
liquid or gaseous fuel may be used.
1230.06 Additional Rules and Regulations. The Park Director may adopt additional rules
and regulations not contrary to the provisions of this Code governing the use and enjoyment
of parks, programmed parks, playgrounds, lakes, ponds, streams and other publicly owned
properties which shall be prominently posted or publicly announced in the places where they
are intended to apply. Any person who violates a rule or regulation so posted may be
excluded from the use of the park, programmed park, lake, pond, stream or other publicly
owned property and may in addition be prosecuted as for a misdemeanor.
1230.07 Special Permits for Pushcarts and Sidewalk Cafes. Notwithstanding the
requirements of this Section 1230, certain pushcarts and .3idewalk cafes are permitted on
sidewalks subject to the requirements of this Subsection.
Subd. 1 Pushcarts. Pushcarts, as defined by Section 720 of this Code, may be
located on sidewalks within the area included in the plan prepared by the HRA
entitled, "50th and France Commercial Area Plan" dated December 3, 1974, subject
to a permit issued pursuant to this Subdivision.
A. In addition to the requirements of Section 160 of this Code, no permit
shall be issued for a pushcart unless the following requirements are met:
1. The pushcart must be licensed in accordance with Section 720 of this
Code.
2. The applicant for a permit must possess a valid food establishment
license or take-out food license, pursuant to Section 720 of this Code, for
a food establishment located in the 50th and France commercial area.
3. The pushcart shall not exceed eight feet in length, four feet in width,
and eight feet in height.
4. Ths pushcart shall be equipped with casters or wheels to permit ease
of movement.
5. The pushcart shall be equipped with facilities for the disposal of trash
generated by the pushcart.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
1. Pushcarts shall be parked on public sidewalks and walkways only in
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City of Edina Streets and Parks 1230.07
those locations specified in the permit.
2. Pushcarts shall be stored indoors following the close of business each
day.
3. Only food or beverages for immediate consumption may be offered
from the pushcart.
4. Cleaning, servicing, and maintenance of the pushcart shall be
undertaken only in an area approved by the Sanitarian.
C. Permits issued pursuant to this paragraph shall expire on March 31 of
each calendar year.
D. The number of permits which may be in force under this Subd. 1 at any
one time shall not exceed six.
Subd. 2 Sidewalk Cafes. Sidewalk cafes may be located on sidewalks subject to
a permit issued by the City Manager pursuant to this Subdivision. Applications for
a sidewalk cafe permit shall be made on forms supplied by the Clerk and shall
include a plan drawn to scale which illustrates the exact location of the proposed
sidewalk cafe together with distances and dimensions of the adjoining buildings, the
sidewalk, the distance to and location of the travelled portion of the street and
distances to all obstructions in the vicinity. The application shall be accompanied by
the fee set forth in Section 185 of this Code. If the application is denied, the
application fee less $100 shall be returned to the applicant.
A. In addition to the requirements of Section 160 of this Code, no permit
shall be issued or renewed for a sidewalk cafe unless the following
requirements are met:
1. The applicant must possess a valid food estalbishment license pursuant
to Section 720 of this Code.
2. A distance of at least 200 feet shall be maintained between the nearest
point of the sidewalk cafe to the nearest point of property used for
residential purposes.
3. The applicant must furnish to the Clerk, evidence that public liability
insurance has been procured for any death or personal injury arising from
the ownership,maintenance,or operation of the sidewalk cafe in amounts
not less than $100,000 for injury to or death of one person, of $300,000
for any one incident, and not less than $50,000 for damage to property
arising from any one incident. The applicant shall maintain such
insurance in effect at all times during the term of the permit. The City
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City of Edina Streets and Parks 1230.07
shall be named as an additional named insured in the policy providing
such insurance.
4. The applicant shall indemnify and hold the City and the City's officials
and employees harmless from any loss, cost, damage and expenses arising
out of the use, design, operation, or maintenance of the sidewalk cafe.
5. The area occupied by the sidewalk cafe shall abut and shall be
operated as part of the food establishment operated by the applicant. No
part of the sidewalk cafe shall adjoin any premises other than the
applicant's food establishment.
6. The City Manager shall find that the sidewalk cafe will not unduly
restrict the safe usage of the sidewalk by the public after taking into
consideration the location of obstructions, vehicular traffic and other
impediments to the passage of pedestrians. The City Manager shall
renew a permit only upon finding that the operation of the sidewalk cafe
complied with all provisions of this Subdivision and did not constitute a
nuisance as defined by Section 1035 of this Code.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of sidewalk cafes.
1. Only food or beverages for immediate consumption may be offered
for sale.
2. Intoxicating or non-intoxicating malt liquor or wine may be consumed
only if the sidewalk cafe is licensed pursuant to Section 900 of this Code.
3. No expansion of the area occupied by the sidewalk cafe from that
shown on the permit application shall be made.
4. No tables, chairs, furnishings,planters, railings or other obstructions
shall be placed or remain on the sidewalk between November 1 and April
1 except on a day to day basis when the sidewalk cafe is open for
business.
5. The applicant shall maintain the sidewalk cafe in a clean and sanitary
condition as required by Section 720 of this Code.
6. The applicant shall promptly replace or repair any damage to the
sidewalk or other public property caused by the applicant's use of the
sidewalk as a sidewalk cafe.
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City of Edina Streets and Parks 1230.07
C. Permits issued pursuant to this Subdivision shall expire on March 31 of
each calendar year.
History: Ord 1222 codified 1970;amended by Ord 1222-Al 11-29-78, 1222-A2 11-28-79, 1222-
A3 6-24-87, Ord 1993-5 4-28-93, Ord 1994-6 7-27-94
Cross Reference: Sections 160, 720, 900, 1000
1230 - 9
C
City of Edina Control of Traffic and Vehicles 1405.03
Section 1405 - Clear View zone
1405.01 Clear View Zone Defined. The triangular area formed by connecting the
following three points: the point of intersection of the curb lines extended of intersecting
streets, and a point on each curb line 30 feet from the aforementioned point of
intersection. If there are no curbs, the edge of the traveled portion of the street shall be
used instead of the curb line.
1405.02 Obstruction of Clear View Zone. No owner of a corner lot shall install, set out,
maintain, or permit the installation or maintenance of any sign, hedge, fence, tree, shrub,
natural growth, building, structure or other obstruction or any part thereof within the clear
view zone except as provided in Subsection 1405.03.
1405.03 Exceptions. The following obstructions are permitted in the clear view zone.
A. Obstructions less than 30 inches in height as measured from the top of the
adjoining curb. If there is not a curb, the measurement shall be from the edge of
the travelled portion of the street.
B. Trees pruned to a height of not less than six feet as measured from the top of
the adjoining curb. If there is not a curb, the measurement shall be from the edge
of the traveled portion of the street.
C. Regulatory signs erected by the City, County or State.
D. Freestanding signs if at least ten feet of clearance is maintained between the
ground and the bottom of the sign and the sign is supported by a single pylon of 12
inches or less in diameter.
History: Ord 1402 codified 1970
1405 - 1