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Home My WebLink About1996-02 Supplement Old Pages To: Edina Code Book Users From: Debra Mangen, City Clerk MEMORANDUM Subject: Code Update Date: March 12, 1996 1 am sending you the newest update for your Edina City Code book. This supplement contains all ordinances adopted by the City Council through February 20, 1996. Please replace the following pages as noted: Table of Contents - Replace pages I &2 with enclosed replacement pages adding Section 740. Ventilation of Parking Garages for Multiple Dwellings. Section 185 - Replace pages 7 & 8 adding new fees #157 & #158 (Ordinance No. 1995-13) Section 740 -Add new section 740 Ventilation of Parking Garages for Multiple Dwellings. (Ordinance No. 1995-13) Section 850- Replace.pages 67-74 & page 139. (Ordinance No. 1995-9 amending 850.11 adding day cares as a conditional use in an R-I Dwelling District. Feel free to contact me with any questions regarding this supplement or Edina's Code. 0.� ■ Distribution List For Code Supplement Council*l �'" �ggy Kelly e Paulus n nis Maetzold dlenn Smith Fred Richards - Mayor does not want Code Book LManager Assistant Manager Assistant to City Manager ticel o Pu is copy oter Registration/Li sing 'manning Department ( ) (Craig, Joyce, Kris, Jackie, counter) ✓��lealth Department •✓Building Department mark Department IV �b ' Department (a3) //ire Department (2) (Paulfranz, Landry) engineering Department ",,/Public Works �orney '�Prosecutin Attorney Y dna Community Library XOuthdale Hennepin Library Vl ennepin County Law Library (Kathy Kally - 348-3023) ,edina High School (Judy Graves - 947-1900 Ex 3029) Total 410 CITY OF EDINA CODE TABLE OF CONTENTS Ordinance No. 1 - An Ordinance Codifying the General Ordinances of the City of Edina, Minnesota; Adopting a New City Code; Retaining Certain Ordinances; and Repealing Certain Ordinances CHAPTER 1. GENERAL CODE PROVISIONS AND ADMINISTRATION Section 100 - City Code; Penalties for Violation Section 105 Definitions Section 110 - Incorporation of State Law Section 115 - The Council, Officer and Surety Bonds Section 120 - Salaries for Council Members Section 125 - Registration of Voters Section 130 - Election of Council Members Section 140 - Human Relations Commission Section 145 - Recycling and Solid Waste Commission Section 150 - Personnel Policy Section 155 - Disposal of Unclaimed Property Section 160 - General Licensing Procedure Section 165 - License Registration and Bond for Building Trades Section 175 - Notice of Violation Section 180 - Removal of Members of Boards, Commissions, and Committees Section 185 - Fees and Charges CHAPTER 2. PUBLIC DANCES, LAWFUL GAMBLING AND AMUSEMENT DEVICES Section 200 - Public Dances Section 215 - Gambling Section 220 - Mechanical Amusement Devices CHAPTER 3. ANIMALS Section 300 - Animal Control and Licensing CHAPTER 4. BUILDINGS, CONSTRUCTION & SIGNS Section 400 - Construction Board of Appeals Section 405 - Landscaping, Screening and Erosion Control Section 410 - Building Code Section 415 - Moving of Buildings Section 420 - Excavations Section 425 - Littering in the Course of Construction Work 1 Section 430 - Regulating Installers of Gas Piping or Gas Burning Systems, Oil Burners, Stokers, Steam or Hot Water Heating Systems, Mechanical Warm Air Heating and Air Conditioning Systems, Refrigeration Systems, Plumbing and Water Conditioning Equipment Section 435 - Regulating Mechanical and Gas Piping Work Section 440 - Regulating Plumbing and Installation of Water Cooling Equipment Section 445 - Requiring Connections to Sanitary Sewer and Water Systems; Regulating Discharges into Sanitary Sewer System Section 450 - Swimming Pools Section 455 - Public Bathrooms and Restrooms Section 460 - Signs Section 470 - Dangerous or Substandard Buildings Section 475 - Parking Ramps Section 480 - Exterior of Single Dwelling Unit and Double Dwelling Unit CHAPTER 5. CIVIL DEFENSE AND EMERGENCIES Section 505 - Civil Defense and Emergency Regulations CHAPTER 6. FIRE PROTECTION Section 600 - Fire Department Section 605 - Fire Codes, Bureau of Fire Prevention and Fire Lanes Section 615 - Fire Extinguishers Section 620 - Commercial Cooking Ventilation Systems Section 625 - Fire Protection Systems Section 635 - False Fire Alarms CHAPTER 7. HEALTH Section 700 - Community Health Board, Department of Health and Sanitarian Section 705 - Storage, Collection and Disposal of Refuse and Compostable Materials Section 710 - Private Sewage Disposal Systems Section 715 - Mandatory Separation, Storage and Disposal of Recyclables Section 716 - Recycling Service Charges Section 720 - Food Establishments and Food Vending Machines Section 725 - Public Health, Housing and Housing Equipment Section 735 - Hotels, Lodging and Boarding Houses CHAPTER 8. LAND USE, PLATS AND ZONING Section 800 - Heritage Preservation Board Section 805 - Planning Commission Section 810 - Plats and Subdivisions Section 815 - Radio and Television Antennas and Towers 2 SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 716 716.02 Recycling service: Single Family S 6.96 per quarter 131 Double Bungalow S 6.96 per quarter 132 Apartments/Condos (2-8 units) S 5.70 per quarter 133 720 720.04, Food establishment license $495.00 per annum, $445.00 if certified pursuant to 135 Subd. 3 Subsection 720.04, Subd. 3 C of this Code, plus $130.00 per annum for each additional facility Day care, limited food $155.00 per annum 136 establishment license Take-out food facility $330.00 per annum, $280.00 if certified pursuant to 137 License Subsection 720.04, Subd. 3 C of this Code Packaged food sales license $150.00 per annum 138 Food warehouse license 580.00 per annum 139 Catering food establishment $495.00 per annum, $445.00 if certified pursuant to 140 License Subsection 720.04, Subd. 3 C of this Code, plus $130.00 per annum for each additional facility Itinerant food establishment $85.00 per event 141 license Retail candy shop license $60.00 per annum, plus $10.00 per annxm for each additional 142 facility Potentially hazardous food $100.00 per annum 143 vehicle license Fleet of 5 or more potentially $500.00 per annum 144 hazardous food vehicles license Catering food vehicle license 5180.00 per annum, plus $35.00 per annum for each additional 145 vehicle Food vehicle license $100.00 per annum 146 Fleet of 5 or more $500.00 per annum 147 food vehicles license Pushcart License $145.00 per annum 147a 7 RM 11% SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO. 720 720.04, Food vending machine license $15.00 per amen 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 - $250.00 for 1-50 rooms and $2.00 per each room 155 house license over 50 Lodging and boarding houses - $60.00 per location 156 810 810.09, Neighborhood property owner 51.00 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: $ 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 8 Bff. 1196 City of Edina Land Use, Platting and Zoning 850.11 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. 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. 850- 67 City of Edina Land Use, Platting and Zoning 850.11 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, 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. �I 850 - 68 City of Edina Land Use,Platting and Zoning 850.11 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. 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. 850- 69 City of Edina Land Use, Platting and Zoning 850.11 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. 2. Elementary schools, preschools 5 acres, plus 1 acre and nurseries as a principal use. for each 150 pupils of planned maximum enrollment. 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. 850- 70 1 City of Edina Land Use, Platting and Zoning 850.11 B. Minimum Lot Width. Single dwelling unit building. 75 feet, provided, however, if the lot is in a neighborhood as defined in Section 810 of this Code, which has lots with a median lot width greater than 75 feet, then the minimum lot width shall be not less than the median lot width of lots in such neighborhood. C. Minimum Lot Depth. Single dwelling unit building. 120 feet, provided, however if the lot is in a neighborhood as defined in Section 810 of this Code, which has lots with a median lot depth greater than 120 feet, then the minimum lot depth shall be not less than the median lot depth of lots in such neighborhood. D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to perimeter ratio of not less than 0.1. Subd. 6 Requirements for 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. 850 - 71 City of Edina Land Use,Platting and Zoning 850.11 B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of this Subsection 850.11). Interior Front Side Side Rear Street Street Yard Yard 1. Single dwelling unit 30' 15' 10' 25' buildings on lots 75 feet or more in width 2. Single dwelling unit 30' 15' 5' 25' buildings on lots less than 75 feet in width 3. Buildings and structures accessory to single dwelling unit buildings: a. detached garages, -- 15' 3' 3' tool sheds, greenhouses and garden houses en- tirely within the rear yard, including eaves. b. attached garages, 30' 15' 5' 25' tool sheds, greenhouses and garden houses. c. detached garages, tool 30' 15' 5' 5' sheds, greenhouses and garden houses not entirely within the rear yard. d. unenclosed decks 30' 15' 5' 5' and patios. e. swimming pools, 30' 15' 10' 10' including appurtenant equipment and required decking. 850- 72 City of Edina Land Use, Platting and Zoning 850.11 f. tennis courts, 30' 15 5' S' basketball courts, sports courts, hockey and skating rinks, and other similar recreational accessory uses including appurtenant fencing and lighting. g. all other accessory 30' 15' S' 5' buildings and structures. 4. Other Uses. a. all conditional use 50' 50' 50' 50' buildings or structures including accessory buildings or structures but excluding parking lots. b. tennis courts, 50' 50' 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. 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. 850- 73 1 City of Edina Land Use, Platting and Zoning 850.11 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 line to the top of the cornice of a flat rood 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. 850- 74 City of Edina Land Use, Platting and Zoning 850.21 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 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-A I not published; amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12- 24-86, 25A612- 24-86, 825-A 7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86, 825-A 10 not granted, 825-A 119-2- 87, 25A119-2- 87, 825-Al2 12-24-86, 825-A.13 referred to staff-Council minutes 1-16-87, amended by 825- A1412-24-86, 825-A 15 2-11-87, 825-A 16 2-11-87, 825-A 17 not developed, 825-A 18 9-2-87, 825-A19 5-27,87, 825-A20 4-29-,89,825-A21 not developed,825-A22 3-23-88; 825-23 referred to Planning Commission 6-06-88; 825-A24 withdrawn; 825-A25 5-03-89, 825-A26 8-24-88; 825-A27 10-30-91; amended by 825-A28 5-03-89, 825-A29 5-03-89, 825-A30 12-13-89, 825- A3110-25-89, 825-A32 12-20-89, 825-A33 1-31-90, 825-A34 8-29-90, 825-A35 8-29-90, 825- A36 8-29-90;825-A 3 7 reconsidered;825-A 38 11-28-90. Amended by Ord 850-A 13-3-93; Ord 850-A2 6-30-93;Ord 850-A3 8-2-93; Ord 1993-10 8-25-93; Ord 850-A4 8-I5-94; Ord 850-A5 9-19-94; Ord 1995-6 8-16-95; Ord 1995-1012-04-95 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 - 139