HomeMy WebLinkAbout1999-02 Supplement Old Pages e
Memorandum
Date: 10/4/99
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement 99-2
1 am sending you the newest update for your Edina City Code book.
This supplement contains all ordinances adopted by the City Council
through October 1, 1999. Please replace the following pages as noted:
Section 150 - Remove your entire Section and replace with the
attached. New Ordinance 99-10 changing sick leave policy
Section 185 - Remove all of Schedule "A" and replace with the
attached.
Section 410 - Remove your entire Section and replace with the
attached. Changes to UBC via Ord 99-8
Section 440 - Remove your entire Section and replace with the
attached. Changes to UBC via Ord 99-8
Section 605 - Remove your entire Section and replace with the
attached. Changes to Uniform Fire Code via Ord 99-9
Section 850 - Remove your entire Section and replace with the
attached. Correction of several typos required made the pages
change.
Section 900 - Replace page 11-12 correcting a typo on page 12.
Section 1035 - Replace page 3 correcting a typo.
Feel free to contact me with any questions regarding this supplement
or Edina's Code. And please be sure to let me know if you spot an error
so it can be corrected with the next supplement. Thanks!
City of Edina General Code Provisions and Administration 150.03
Section 150 - Personnel Policy
150.01 Purpose. The purpose of this Section is to establish a system of municipal
personnel administration for all the employees of the City.
150.02 Definitions. For the purpose of this Section, types of employment shall be defined
as follows:
Employee. All employees of the City, regular, temporary, full-time and part-time,
unless restricted by any specific language herein.
Full-Time. Employment where the employee is regularly engaged on a scheduled basis
for a period of at least 40 hours in every seven day work cycle.
PERA. The Public Employees Retirement Association under M.S. 353 (including any
subsequent amendment or replacement).
Regular Full-Time Employment. Employment on a year-round, full-time basis.
Regular Part-Time Employment. Employment on a less than full-time basis but
extending year-round.
Temporary Full-Time Employment. Employment on a full-time basis but for a
limited period only pursuant to a written contract with the City.
Temporary Part-Time Employment. Employment on either a full-time basis or less
than a full-time basis but for a limited period or seasonal period only and for which
there is no written contract with the City.
Year. Unless otherwise provided in this Section, each period starting with the date of
initial employment or any annual anniversary thereof and ending the day before the then
next subsequent annual anniversary of such date.
150.03 Scope of this Section.
Subd. 1 Personnel Covered. Except as otherwise specifically provided, this
Section applies to regular full-time employees, regular part-time employees, temporary
full-time employees, and temporary/seasonal part-time employees of the City, except
the following:
A. All elected officials.
B. The City attorneys.
C. Members of City boards, commissions, and committees.
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City of Edina General Code Provisions and Administration 150.04
D. Volunteer fire fighters and other volunteers.
E. The Manager.
Subd. 2 Provisions Inapplicable Under Certain Cases. Any employee included in
a collective bargaining agreement entered into in accordance with the Public
Employment Labor Relations Act (M.S. 179A.01 to 179A.30) shall be exempt from
any provision of this Section which is addressed by such agreement, except, however,
as specifically provided in Subsection 150.10, Subd. 1 hereof. Nothing in this Section
is intended to modify or supersede or to add to or to detract from any provision of the
Veterans' Preference Act, M.S. 197.455, 197.46 and 43A.11, or of any collective
bargaining agreement now in force.
Subd. 3 Benefits. Benefits created or granted by this Section, including, without
limitation, vacation leave, sick leave and severance pay, shall apply to and benefit only
regular full-time employees and not any regular part-time employees, temporary
full-time employees or temporary part-time employees, except as otherwise specifically
provided herein and except as otherwise required by applicable law.
Subd. 4 Rights, Duties and Benefits. The rights, duties and benefits of each
temporary full-time employee shall be as stated in, and shall be controlled by, that
employee's contract with the City, and not by this Section.
Subd. 5 Provisions. The provisions of this Section shall be subject to all applicable
laws, statutes, rules, sections and regulations, which shall control over any contrary or
inconsistent provisions of this Section.
150.04 Powers and Duties of Manager on Personnel Matters. The Manager shall
perform duties and exercise powers concerning personnel matters as follows:
Subd. 1 Changes to Council. Recommend to the Council such changes in this
Section as the Manager may consider necessary or desirable.
Subd. 2 Changes in Status of Employees. Appoint, promote, transfer, reprimand,
suspend, demote, and dismiss department heads and City employees based on merit and
fitness. Merit and fitness may be determined by such oral, written or other
examinations, investigations or means, as may from time to time be deemed appropriate
by the Manager.
Subd. 3 Classification Plan. Prepare, put into effect and maintain a classification
plan based on duties, responsibilities and authority of the employees within the City.
Subd. 4 Compensation Plan. Prepare and maintain a compensation plan for all
positions in the classification plan.
Subd. 5 Rules and Regulations. Issue rules and regulations governing the conduct
of personnel and the performance of their assigned duties.
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City of Edina General Code Provisions and Administration 150.05
Subd. 6 Issuance of Rules and Regulations. Issue such rules and regulations and
perform or cause to be performed such other activities with reference to personnel
administration as may be determined by the Manager to be appropriate.
Subd. 7 Delegation and Revocation by Manager. The Manager, from time to
time, may delegate and, from time to time, may revoke such delegation of any or all of
the Manager's authority granted by or derived from this Section or other applicable law
or statute to such person or persons as the Manager shall designate, and references to
the Manager shall mean and include any such designee.
150.05 Appointments. Every appointment to City employment shall be made by the
Manager, and shall be made on the basis of merit and fitness for the position. Merit and
fitness shall be ascertained by such means as are deemed appropriate by the Manager to
evaluate the ability of the candidate to discharge the duties and responsibilities of the position
subject to the appointment.
Subd. 1 Equal Opportunity. The City shall provide equal opportunity to all
employees and applicants for employment in accordance with all applicable equal
employment opportunity/affirmative action laws, statutes and regulations of federal,
state and local governing bodies, including any such equal opportunity/affirmative
action plans of the City.
Subd. 2 Discrimination. The City shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex,
disability, age, marital status, or status with regard to public assistance.
Subd. 3 Selection Process. In the selection process for regular full-time
employment in the areas of public safety, public works, park maintenance and such
other areas of City employment as are deemed appropriate by the Manager, the
Manager shall require the person who is offered employment, subject to passing a
physical and psychological examination, to take a physical and psychological
examination.
150.06 Probation Period. The probationary period is hereby determined to be an integral
part of the employee selection process and shall be utilized for observing the employee's work,
for securing the most effective adjustment of the employee to the position, and for rejecting
any employee whose performance does not meet the required work standards. All regular
full-time and regular part-time employees are subject to a probationary period but temporary
full-time and temporary part-time employees shall not be subject to a probationary period.
Subd. 1 Duration. Every original and every promotional appointment is subject to
a probationary period of 12 months after the appointment. The probationary period
may be extended for up to six months by the Manager for reasons deemed sufficient by
the Manager.
Subd. 2 Termination. The Manager or the Manager's designee may terminate an
employee at any time during the probationary period of that employee. The employee
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City of Edina General Code Provisions and Administration 150.07
so terminated shall be notified in writing of the termination and shall not be entitled to a
hearing.
Subd. 3 Completion. Immediately prior to the expiration of the probationary
period, the department head shall notify the Manager, in writing, whether or not the
services of the employee have been satisfactory and whether or not the employee will
continue. If notification states that the employee will be continued, the probationary
period shall end. If the department head is the person about whom notice is being
given, the Manager shall perform the duties of the department head under this
Subdivision.
Subd. 4 Leave Benefits During Probation. During the first six months of each
probationary period, except a promotional probationary period, an employee will not be
entitled to use vacation leave. Vacation leave shall accrue from the start of the
probationary employment even though not usable during the first six months of the
probationary period.
During the first six months of each probationary period, except a promotional
probationary period, an employee will be entitled to use sick leave. Sick leave that
would accrue during the first six months of the probationary period will be placed in
the sick leave bank of a probationary employee for use from the first day of
employment. No further sick leave will accrue until the first day of the seventh month
of employment.
Subd. 5 Rehire. Any employee who voluntarily or involuntarily leaves the
employment of the City and later is rehired shall be subject to the same probationary
period as a new employee. Such employees shall receive no credit for prior years of
service with the City in terms of pay or seniority status in determining duty shifts, work
assignments or other benefits.
150.07 Compensation.
Subd. 1 Amount. Employees of the City shall be compensated according to the
schedule established from time to time by the Council. Any wage or salary so
established shall be the total remuneration for employment, but shall not be considered
as remuneration which may be allowed for official travel or other expenses incurred in
the conduct of official City business. Unless approved by the Manager, no employee
shall receive compensation from the City in addition to the salary authorized for the
position to which the employee has been appointed.
Subd. 2 Comparable Worth Value. Subject to M.S. 179A.01 to 179A.30 but
notwithstanding any other laws to the contrary, the City established on August 1, 1987,
equitable compensation relationships as prescribed by M.S. 471.991 to 471.999.
Therefore, compensation of each class of City employee shall be fixed in compliance
with the provisions of those statutes.
Subd. 3 Regular Hourly Rate of Pay. Employees who are compensated at an
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City of Edina General Code Provisions and Administration 150.09
hourly rate under the State or Federal Fair Labor Standards Act shall have said hourly
rate computed as provided by applicable law.
Subd. 4 Temporary and Part-time Employees. Whenever an employee is hired to
work on less than a full-time basis or for temporary employment, compensation shall be
paid for the position hired as provided for in the part-time and temporary compensation
plan then approved by the Council. Temporary and part-time employees are not
entitled to sick leave or vacation leave except to the extent determined necessary or
desirable by the Manager for the proper administration of the City.
Subd. 5 Overtime. Employees to whom either the State or Federal Fair Labor
Standards Act apply shall be compensated for overtime at one and one-half times the
regular rate of pay. To the extent permitted by law and policy then established by an
employee's department head, and which policy has been approved by the Manager, an
employee may accrue and use compensatory time instead of pay at overtime rates.
Overtime shall be paid or compensatory time accrued, for hours worked in excess of 40
hours within a defined seven-day work period as directed by a department head and in
accordance with the State or Federal Fair Labor Standards Act and/or applicable
Statutes.
Each department head shall be responsible for the accounting and certification to the
payroll clerk of overtime worked and compensatory time taken by each employee in the
employee's department.
Subd. 6 Paydays. Employees shall be paid bi-weekly on alternate Fridays. When a
payday falls on a holiday, employees shall be paid on the preceding work day.
150.08 Work Hours. Work schedules for employees shall be established by the
appropriate department head with the approval of the Manager. The regular work week for
employees is five, eight-hour working days in addition to one 30 minute lunch period per
working day within a seven-day cycle, except as otherwise established by the department head
with the approval of the Manager.
150.09 Vacation Leave With Pay.
Subd. 1 Eligibility. Regular full-time employees shall accrue vacation leave
according to the following schedule. No other types of employees are eligible for or
shall accrue vacation leave with pay.
Subd. 2 Amount. The following accrual schedule shall apply to eligible employees:
1 through 5 continuous years of 3.076 hours per pay period
regular full-time employment (10 days per year)
6 through 10 continuous years of 4.61 hours per pay period
regular full-time employment (15 days per year)
11 through 15 continuous years of An additional .307 hours per pay period or
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City of Edina General Code Provisions and Administration 150.10
regular full-time employment one additional day of vacation for each
additional year of service to 15 years of
service. (total at 15 years of service - 20
days per year).
16 years or more continuous 6.154 hours per pay period (20 days per
service of regular full-time year)
employment.
Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence,
under Subsection 150.12 shall be included in the continuous years of service for the
purpose of determining accrual rates, vacation shall not accrue during leaves of absence
under said Subsection 150.12.
Subd. 4 When Taken. Vacation leave may be used as earned, subject to the
approval of the department head to the time at which it is taken and subject to the
provisions of Subd. 4 of Subsection 150.06.
Subd. 5 Maximum Annual Carry Forward. All regular full-time employees with
five continuous years of employment or less may carry forward from one calendar year
to the next all vacation leave earned during the calendar year. All regular full-time
employees with more than five continuous years of employment may carry forward not
more than 40 hours of vacation earned during a calendar year. Vacation leave earned
but not taken which exceeds 40 hours per calendar year shall be deducted from each
employee's vacation balance at the end of each calendar year. The maximum amount
of vacation that may be taken during a calendar year is 25 days except that additional
days may be taken in accordance with the family and medical leave policy adopted
pursuant to subsection 150.13.
Subd. 6 Terminal Leave. All employees who accrue vacation and who leave
employment with the City in good standing, as described in Subsection 150.16, shall be
compensated for accrued and unused vacation at the date of separation not to exceed
240 hours.
Subd. 7 Accrual During Leave. An employee using earned vacation leave shall
accrue vacation and sick leave during such use.
150.10 Sick Leave.
Subd. 1 Eligibility. Every regular full-time employee shall be entitled to and shall
accrue sick leave with pay. No other types of employees are entitled to or shall accrue
sick leave with pay.
Subd. 2 Amount. All employees entitled to sick leave shall accrue sick leave at a
rate of 3.69 hours per pay period.
Subd. 3 Purpose. Sick leave with pay may be granted to employees entitled thereto
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City of Edina General Code Provisions and Administration 150.10
when the employee is unable to perform scheduled work duties due to illness/disability,
the necessity for medical, dental, or chiropractic care, childbirth or pregnancy
disability, exposure to contagious disease where such exposure may endanger the health
of others with whom the employee would come in contact in the course of performing
work duties. Sick leave with pay may also be granted for a variety of other family and
medical circumstances. The amount and conditions under which sick leave with pay
may be used for such circumstances is provided in the family and medical leave policy
adopted pursuant to subsection 150.13 of this Code. Sick leave with pay may be
granted for a maximum of five days in the event of the death of an employee's spouse,
father, mother, spouse's father or mother or child and a maximum of three days in the
event of the death of an employee's grandparent, grandchild, brother or sister.
Subd. 4 Proof.
A. To be eligible for sick leave with pay, a regular full-time employee shall report
their absence to their supervisor within the first thirty minutes of the start of that
employee's scheduled work period.
B. To be eligible for sick leave with pay, an employee entitled thereto shall keep
their supervisor informed on a daily basis of their condition or the condition of the
family member that is ill and if the absence is of more than three working days
duration, submit a medical certificate in form and substance acceptable to the
Manager or department head. The Manager or department head shall have the right
to verify any reported illness of an employee by such means as they deem
necessary. The employee may also be required to submit proof, satisfactory to the
Manager or department head of their physical/emotional ability to perform their
duties upon their return from sick leave."
Subd. 5 Penalty. Using or claiming sick leave for a purpose not authorized by
Subd. 3 shall be cause for disciplinary action under Subsection 150.20, including
reprimand, suspension or dismissal.
Subd. 6 Accrual During Leave. An employee using earned sick leave shall accrue
vacation and sick leave during such use.
Subd. 7. Unused Sick Leave Upon Termination. Upon termination of employment,
there will be no payment for accrued but unused sick leave.
Subd. 8 Applicable Provisions. The provisions of this Subsection except Subd. 1
and Subd. 2 hereof, shall be used to administer sick leave provisions of any collective
bargaining agreements which include City employees.
150.11 Military Leave. Every employee to whom M.S. 192.26 or 192.261, or U.S.C.A.,
Title 38, Section 2021, applies, is entitled to the benefits, but subject to conditions prescribed
therein as required by law.
150.12 Leave of Absence. Except as required by M.S. 181.9412 and 181.945, the
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City of Edina General Code Provisions and Administration 150.15
Manager may grant any regular full-time employee a leave of absence without pay for a period
not to exceed 90 calendar days except that the Manager may extend such leave to a maximum
period of 120 calendar days in case the employee is disabled or where extraordinary
circumstances, in the Manager's judgment, warrant such extension. No vacation or sick leave
with pay benefits shall accrue during a leave of absence without pay. During a leave of
absence, health, life insurance, and long term disability insurance premiums shall be paid by
the employee with no contribution by the City.
150.13 Family and Medical Leave. The City will grant leave to eligible employees due to
a variety of family and medical circumstances. The City maintains a policy concerning the
eligibility for and the use of such leave in accordance with the Family and Medical Leave Act
of 1993.
150.14 Jury Duty. When a regular full-time or regular part-time employee performs jury
duty the employee is entitled to compensation from the City equal to the difference between the
employee's regular pay and the amount received as a juror.
150.15 Rest Periods and Holidays.
Subd. 1 Rest Periods. Every employee, when working under conditions where a
break period is practicable, shall be granted a 15 minute break period in each half of the
employee's shift. Each department head shall schedule rest periods so as not to
interfere with work requirements.
Subd. 2 Holidays. The following calendar days and such other days as designated by
the Council are paid holidays New Year's Day - January 1; Martin Luther King Jr.
Day -the third Monday in January; President's Day - the third Monday in February;
Memorial Day - the last Monday in May; Independence Day - July 4; Labor Day - the
first Monday in September; Veteran's Day - November 11; Thanksgiving Day - the
fourth Thursday in November; the Friday after Thanksgiving Day; and Christmas Day
- December 25. Also one-half day on Christmas Eve - December 24, and one-half day
on New Year's Eve - December 31, shall be paid holidays whenever they fall on one of
the days Monday through Friday. When New Year's Day, Independence Day,
Veteran's Day or Christmas Day fall on Saturday, the preceding Friday is the holiday,
and should these days fall on Sunday, the following Monday shall be the holiday. All
regular full-time employees are entitled to time off with full pay on holidays. City Hall
shall be closed for business on each such holiday, but employees may be required to
work on paid holidays when the nature of their duties or other conditions require. An
employee required to work on a holiday shall receive another day off within 30 days as
the department head determines unless consideration is given to this factor in
determining work schedules. Each holiday commences at the beginning of the first shift
on the day on which the holiday occurs and continues for 24 hours. Eligible employees
shall receive pay for official holidays at their normal rate of pay if they are at work or
are on leave of absence with pay the last regular day or shift to which they were or
would have been assigned prior to the holiday and the first regular day or shift to which
they were or would have been assigned following the holiday. In addition to meeting
the foregoing criteria, part-time employees, both regular and temporary, are entitled to
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City of Edina General Code Provisions and Administration 150.17
pay on a holiday only if they would normally be scheduled to work on the day of the
week designated as the holiday and they shall be paid only for the number of hours they
would have worked. The Manager, in the Manager's discretion, may grant paid
holidays to individuals for the celebration of certain religious holy days observed by
their particular faith.
150.16 Resignation. Any employee wishing to leave municipal service in good standing
shall file with the employee's department head and the Manager, at least 14 calendar days
before leaving, a written resignation stating the effective date of resignation and the reason for
leaving, and shall be present at work the three consecutive work days prior to the final date of
employment with the City. Failure to comply with this procedure may, at the discretion of the
Manager, be considered cause for denying the employee severance pay or future employment
by the City. Unauthorized absence from work for a period of three consecutive days may be
considered at the discretion of the department head and Manager as a resignation.
150.17 Severance Pay.
Subd. 1 Special Definitions. The following special definitions apply only to this
Subsection:
Eligible Employee. An employee of the City who is eligible for severance pay
under Subd. 2 of this Subsection.
Pay. The eligible employee's regular basic salary or wage (before any payroll
deductions) for regular full-time employment in effect on the severance date.
PERA Rules. The requirements for payment of an annuity or benefit from
PERA as of May 31, 1989 (including any changes in such requirements adopted
as of that date, but effective after that date).
Regular Full-Time Employment. Employment with the City where the
employee is regularly engaged for a minimum of 40 hours every seven day
cycle, as determined by the needs and particular customs in the employee's
department.
Severance Date. The last date on which the eligible employee performs duties
in full-time employment.
Subd. 2 Eligible Employees.
A. General Rule. The City shall provide severance pay only to those regular
full-time employees who are no longer in their original probationary period (as
contrasted with a promotional probationary period), who leave employment with
the City in good standing as described in Subsection 150.16, whose employment
ends:
1. Due to total and permanent disability, as determined by PERA under
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City of Edina General Code Provisions and Administration 150.18
PERA rules, or;
2. After completion of 20 years of continuous service to the City. .
B. Special Rule. The Manager, after first receiving the approval of the
Council, is authorized to award severance pay to any employee or group of
employees in regular full—time employment who are terminated due to the
effects of a permanent elimination by the City of any function or activities of the
City.
C. Exclusion. Employees covered by a collective bargaining agreement shall
not be eligible for severance pay under this Subsection.
Subd. 3 Amount. The eligible employee's severance pay shall be a lump sum
amount equal to six weeks pay.
Subd. 4 When Paid. The City shall pay the severance pay on the payday
immediately following the eligible employee's severance date. For total and permanent
disability, however, the City shall pay the severance pay on the payday immediately
following its receipt of appropriate notice of PERA's determination.
150.18 Grievance Policy. It is the policy of the City insofar as possible to prevent the
occurrence of grievances and to deal promptly with those which occur. An employee may
grieve only those subjects identified within this Section. An employee has five working days
from the date of the occurrence within which to bring the grievance to the attention of the
supervisor. When any employee grievance comes to the attention of a supervisory employee,
the supervisor shall discuss all relevant circumstances with the employee, consider and
examine the causes of the grievance, and attempt to resolve it to the extent of the supervisor's
authority to do so. If the grievance remains unresolved at that level, the grievance may be
appealed to the next administrative level, and so on up to and including the Manager and
Council. The Council's decision concerning a grievance is final.
150.19 Lay-Off. The Manager may lay-off any employee when in the sole and exclusive
judgment of the Manager it is appropriate because of the shortage of work, funding of
positions, changes in the organization or for any other reason.
150.20 Discipline.
Subd. 1 General. All City employees shall be subject to disciplinary action,
including dismissal, for failing to fulfill their duties and responsibilities as determined
by the City. The following grounds may, as deemed appropriate by the City, be the
basis for discipline, including dismissal. These are examples only:
A. Unauthorized possession or use of City property.
B. Refusal or failure to comply with an assignment or order, or to perform
assigned work.
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City of Edina General Code Provisions and Administration 150.20
C. Unauthorized absence.
D. Tardiness after warning.
E. Possession, sale, consumption, or under the influence of non-prescription
drugs, alcohol, or other controlled substances while on duty.
F. Violation of law, or of City work rules, policies or practices as deemed
appropriate by the Manager.
G. Failure to perform assigned tasks at a performance level or in a manner
satisfactory to the Manager.
The above are intended to serve only as examples and are not the exclusive grounds for
which the City may discipline, including dismissal. The City reserves the right to
determine that other actions or inaction are grounds for discipline, including dismissal.
Employees subject to discipline have the right to pursue the grievance procedure or
hearing procedure as provided for herein.
Subd. 2 Disciplinary Action. As determined by the sole judgment of the City,
disciplinary action may involve any of the following steps, whether or not any specific
progression is followed, as determined by the City:
A. Oral reprimand.
B. Written reprimand.
C. Suspension with or without pay.
D. Demotion or transfer.
E. Dismissal.
Subd. 3 Written Notice to Employee. Before any employee is suspended,
demoted, transferred, or dismissed for disciplinary reasons, the employee shall be given
written notice of the reason(s) for any such proposed action. The employee shall also
be given notice of a hearing to be held before the Manager. The employee may be
accompanied at the hearing by a representative. At this hearing the Manager shall
receive evidence offered in support of the reasons for the proposed action and evidence
as may be presented by or on behalf of the employee. After the close of the hearing, the
Manager shall consider the evidence presented and make a decision. Notwithstanding
the following provisions regarding notice of proposed action and an opportunity for
hearing before personnel action is taken, the City reserves the right in cases it considers
proper, such as those involving safety, and health considerations, or other hazards
affecting the interests of employees or other persons, or in other appropriate
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City of Edina General Code Provisions and Administration 150.22
circumstances as determined by the City, to remove an employee from the performance
of duties in whole or in part before any such hearing is held or decision made pending
such decision.
Subd. 4 Findings of Manager. The findings and conclusions of the Manager shall
be in writing, filed with the Clerk, and served on the employee. The decision of the
Manager shall be implemented upon such filing and service.
Subd. 5 Right to Appeal. In cases where the Manager decides to impose personnel
action affecting the employee as a result of proceedings instituted under this Section,
the employee shall have the right to appeal said decision to the Council. Said appeal
must be made in writing and filed with the Manager within five working days after the
notification to the employee of the decision of the Manager. The appeal and hearing
conducted pursuant to any such appeal before the Council shall be conducted as
determined by the Council and may include the appointment of a committee of the
Council to hear the appeal. Such committee shall prepare findings and conclusions for
submission to the Council for its consideration and action. The action of the Council
on any such appeal may affirm, overrule, or modify the action of the Manager. The
findings and conclusions of the Council on an appeal shall be in writing, filed with the
Clerk, and served upon the employee and the Manager. The Council's action on such
appeal shall be final.
Subd. 6 Hearing for Veteran. If the disciplinary action involves the removal of a
veteran, the hearing shall be held in accordance with M.S. 197.46.
150.21 Sexual Harassment. The City is committed to providing a work environment that
is free of sexual harassment. In keeping with this commitment, the City maintains a policy
prohibiting sexual harassment. This policy prohibits sexual harassment in any form, including
verbal and physical harassment.
150.22 Drug Free Workplace. The City is committed to providing a healthy and efficient
work force free from the effects of drug abuse. In keeping with this commitment, the City
maintains a policy in compliance with the Federal Drug-Free Workplace Act of 1988 and
applicable State law.
150.23 Unlawful Acts.
Subd. 1 Falsification of Records. No person shall knowingly make any false
statement, certificate, mark, rating, or report in regard to any test, certificate or
appointment held or made under the City personnel system or in any manner commit or
attempt to commit any fraud preventing the impartial execution of the provisions of this
Section.
Subd. 2 Rendering of Consideration. No person seeking employment to or
promotion in the service of the City shall directly or indirectly give, render, or pay any
money, service, or valuable consideration to any person, on account of or in connection
with the person's test, employment, or promotion, or proposed employment or
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promotion.
150.24 Officials Under Workers' Compensation Act. Pursuant to M.S. 176.011, Subd.
9, the elected officials of the City and those municipal officials appointed to a regular term of
office or to complete the unexpired portion of a regular term, are hereby included in the
coverage of the Minnesota Workers Compensation Act.
150.25 Political Activity. An employee may not use official authority or influence to
compel a person to apply for membership in or become a member of a political organization,
or to compel a person to pay or promise to pay a political contribution, or to compel a person
to take part in political activity.
Any employee who shall become a candidate for a federal, state or municipal elective office, or
assume a federal, state or municipal elective office, shall be expected to properly fulfill the
normal employee's duties during such candidacy and while holding such office and may be
disciplined for failure to do so. Also, an employee holding such office shall be permitted time
off from regular employment to attend meetings required by reason of the public office. Such
time off may be without pay, with pay, or made up with other hours, as agreed between the
employee and the Manager.
Any employee whose principal employment in the City is in connection with an activity which
is funded in whole or in part by the United States or a federal agency is also subject to the
restrictions and penalties of the Federal Hatch Act. (Title 5, U.S.C.A. 8 1501, et. seq)
History: Ord 121 codified 1970; repealed and replaced by Ord 122, 12-6-89; amended by Ord
1994-8 9-28-94;
Reference: M.S. 43A.11, 179A.01 to 179A.30, 197.455, 197.46, 211 B.09, 211B.10, Subd. 2,
353, 471.991 to 471.999
150-13
City of Edina General Code Provisions and Administration 150.03
Section 150 - Personnel Policy
150.01. Purpose. The purpose of this Section is to establish a system of municipal
personnel administration for all the employees of the City.
150.02 Definitions. For the purpose of this Section, types of employment shall be defined
as follows:
Employee. All employees of the City, regular, temporary, full-time and part-time,
unless restricted by any specific language herein.
Full-Time. Employment where the employee is regularly engaged on a scheduled basis
for a period of at least 40 hours in every seven day work cycle.
PERA. The Public Employees Retirement Association under M.S. 353 (including any
subsequent amendment or replacement).
Regular Full-Time Employment. Employment on a year-round, full-time basis.
Regular Part-Time Employment. Employment on a less than full-time basis but
extending year-round.
Temporary Full-Time Employment. Employment on a full-time basis but for a
limited period only pursuant to a written contract with the City.
Temporary Part-Time Employment. Employment on either a full-time basis or less
than a full-time basis but for a limited period or seasonal period only and for which
there is no written contract with the City.
Year. Unless otherwise provided in this Section, each period starting with the date of
initial employment or any annual anniversary thereof and ending the day before the then
next subsequent annual anniversary of such date.
150.03 Scope of this Section.
Subd. 1 Personnel Covered. Except as otherwise specifically provided, this
Section applies to regular full-time employees, regular part-time employees, temporary
full-time employees, and temporary/seasonal part-time employees of the City, except
the following:
A. All elected officials.
B. The City attorneys.
C. Members of City boards, commissions, and committees.
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City of Edina General Code Provisions and Administration 150.04
D. Volunteer fire fighters and other volunteers.
E. The Manager.
Subd. 2 Provisions Inapplicable Under Certain Cases. Any employee included in
a collective bargaining agreement entered into in accordance with the Public
Employment Labor Relations Act (M.S. 179A.01 to 179A.30) shall be exempt from
any provision of this Section which is addressed by such agreement, except, however,
as specifically provided in Subsection 150.10, Subd. 1 hereof. Nothing in this Section
is intended to modify or supersede or to add to or to detract from any provision of the
Veterans' Preference Act, M.S. 197.455, 197.46 and 43A.11, or of any collective
bargaining agreement now in force.
Subd. 3 Benefits. Benefits created or granted by this Section, including, without j
limitation, vacation leave, sick leave and severance pay, shall apply to and benefit only
regular full-time employees and not any regular part-time employees, temporary
full-time employees or temporary part-time employees, except as otherwise specifically
provided herein and except as otherwise required by applicable law.
Subd. 4 Rights, Duties and Benefits. The rights, duties and benefits of each
temporary full-time employee shall be as stated in, and shall be controlled by, that
employee's contract with the City, and not by this Section.
Subd. 5 Provisions. The provisions of this Section shall be subject to all applicable
laws, statutes, rules, sections and regulations, which shall control over any contrary or
inconsistent provisions of this Section.
150.04 Powers and Duties of Manager on Personnel Matters. The Manager shall
perform duties and exercise powers concerning personnel matters as follows:
Subd. 1 Changes to Council. Recommend to the Council such changes in this
Section as the Manager may consider necessary or desirable.
Subd. 2 Changes in Status of Employees. Appoint, promote, transfer, reprimand,
suspend, demote, and dismiss department heads and City employees based on merit and
fitness. Merit and fitness may be determined by such oral, written or other
examinations, investigations or means, as may from time to time be deemed appropriate
by the Manager.
Subd. 3 Classification Plan. Prepare, put into effect and maintain a classification
plan based on duties, responsibilities and authority of the employees within the City.
Subd. 4 Compensation Plan. Prepare and maintain a compensation plan for all
positions in the classification plan.
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City of Edina General Code Provisions and Administration 150.06
Subd. 5 Rules and Regulations. Issue rules and regulations governing the conduct
of personnel and the performance of their assigned duties.
Subd. 6 Issuance of Rules and Regulations. Issue such rules and regulations and
perform or cause to be performed such other activities with reference to personnel
administration as may be determined by the Manager to be appropriate.
Subd. 7 Delegation and Revocation by Manager. The Manager, from time to
time, may delegate and, from time to time, may revoke such delegation of any or all of
the Manager's authority granted by or derived from this Section or other applicable law
or statute to such person or persons as the Manager shall designate, and references to
the Manager shall mean and include any such designee.
150.05 Appointments. Every appointment to City employment shall be made by the
Manager, and shall be made on the basis of merit and fitness for the position. Merit and
fitness shall be ascertained by such means as are deemed appropriate by the Manager to
evaluate the ability of the candidate to discharge the duties and responsibilities of the position
subject to the appointment.
Subd. 1 Equal Opportunity. The City shall provide equal opportunity to all
employees and applicants for employment in accordance with all applicable equal
employment opportunity/affirmative action laws, statutes and regulations of federal,
state and local governing bodies, including any such equal opportunity/affirmative
action plans of the City.
Subd. 2 Discrimination. The City shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex,
disability, age, marital status, or status with regard to public assistance.
Subd. 3 Selection Process. In the selection process for regular full-time
employment in the areas of public safety, public works, park maintenance and such
other areas of City employment as are deemed appropriate by the Manager, the
Manager shall require the person who is offered employment, subject to passing a
physical and psychological examination, to take a physical and psychological
examination.
150.06 Probation Period. The probationary period is hereby determined to be an integral part
of the employee selection process and shall be utilized for observing the employee's work, for
securing the most effective adjustment of the employee to the position, and for rejecting any
employee whose performance does not meet the required work standards. All regular full-time
and regular part-time employees are subject to a probationary period but temporary full-time
and temporary part-time employees shall not be subject to a probationary period.
Subd. 1 Duration. Every original and every promotional appointment is subject to
a probationary period of 12 months after the appointment. The probationary period
may be extended for up to six months by the Manager for reasons deemed sufficient by
the Manager.
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City of Edina General Code Provisions and Administration 150.07
Subd. 2 Termination. The Manager or the Manager's designee may terminate an
employee at any time during the probationary period of that employee. The employee
so terminated shall be notified in writing of the termination and shall not be entitled to a
hearing.
Subd. 3 Completion. Immediately prior to the expiration of the probationary
period, the department head shall notify the Manager, in writing, whether or not the
services of the employee have been satisfactory and whether or not the employee will
continue. If notification states that the employee will be continued, the probationary
period shall end. If the department head is the person about whom notice is being
given, the Manager shall perform the duties of the department head under this
Subdivision.
Subd. 4 Leave Benefits During Probation. During the first six months of each
probationary period, except a promotional probationary period, an employee will not be
entitled to use sick leave or vacation leave. Sick leave and vacation leave shall accrue
from the start of the probationary employment even though not usable during the first
six months of the probationary period.
Subd. 5 Rehire. Any employee who voluntarily or involuntarily leaves the
employment of the City and later is rehired shall be subject to the same probationary
period as a new employee. Such employees shall receive no credit for prior years of
service with the City in terms of pay or seniority status in determining duty shifts, work
assignments or other benefits.
150.07 Compensation.
Subd. 1 Amount. Employees of the City shall be compensated according to the
schedule established from time to time by the Council. Any wage or salary so
established shall be the total remuneration for employment, but shall not be considered
as remuneration which may be allowed for official travel or other expenses incurred in
the conduct of official City business. Unless approved by the Manager, no employee
shall receive compensation from the City in addition to the salary authorized for the
position to which the employee has been appointed.
Subd. 2 Comparable Worth Value. Subject to M.S. 179A.01 to 179A.30 but
notwithstanding any other laws to the contrary, the City established on August 1, 1987,
equitable compensation relationships as prescribed by M.S. 471.991 to 471.999.
Therefore, compensation of each class of City employee shall be fixed in compliance
with the provisions of those statutes.
Subd. 3 Regular Hourly Rate of Pay. Employees who are compensated at an
hourly rate under the State or Federal Fair Labor Standards Act shall have said hourly
rate computed as provided by applicable law.
150-4
City of Edina General Code Provisions and Administration 150.09
Subd. 4 Temporary and Part-time Employees. Whenever an employee is hired to
work on less than a full-time basis or for temporary employment, compensation shall be
paid for the position hired as provided for in the part-time and temporary compensation
plan then approved by the Council. Temporary and part-time employees are not
entitled to sick leave or vacation leave except to the extent determined necessary or
desirable by the Manager for the proper administration of the City.
Subd. 5 Overtime. Employees to whom either the State or Federal Fair Labor
Standards Act apply shall be compensated for overtime at one and one-half times the
regular rate of pay. To the extent permitted by law and policy then established by an
employee's department head, and which policy has been approved by the Manager, an
employee may accrue and use compensatory time instead of pay at overtime rates.
Overtime shall be paid or compensatory time accrued, for hours worked in excess of 40
hours within a defined seven-day work period as directed by a department head and in
accordance with the State or Federal Fair Labor Standards Act and/or applicable
Statutes.
Each department head shall be responsible for the accounting and certification to the
payroll clerk of overtime worked and compensatory time taken by each employee in the
employee's department.
Subd. 6 Paydays. Employees shall be paid bi-weekly on alternate Fridays. When a
payday falls on a holiday, employees shall be paid on the preceding work day.
150.08 Work Hours. Work schedules for employees shall be established by the
appropriate department head with the approval of the Manager. The regular work week for
employees is five, eight-hour working days in addition to one 30 minute lunch period per
working day within a seven-day cycle, except as otherwise established by the department head
with the approval of the Manager.
150.09 Vacation Leave With Pay.
Subd. 1 Eligibility. Regular full-time employees shall accrue vacation leave
according to the following schedule. No other types of employees are eligible for or
shall accrue vacation leave with pay.
Subd. 2 Amount. The following accrual schedule shall apply to eligible employees:
1 through 5 continuous years of 3.076 hours per pay period
regular full-time employment (10 days per year)
6 through 10 continuous years of 4.61 hours per pay period
regular full-time employment (15 days per year)
11 through 15 continuous years of An additional .307 hours per pay period or
regular full-time employment one additional day of vacation for each
additional year of service to 15 years of
150-5
City of Edina General Code Provisions and Administration 150.10
service. (total at 15 years of service - 20
days per year).
16 years or more continuous 6.154 hours per pay period (20 days per
service of regular full-time year)
employment.
Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence,
under Subsection 150.12 shall be included in the continuous years of service for the
purpose of determining accrual rates, vacation shall not accrue during leaves of absence
under said Subsection 150.12.
Subd. 4 When Taken. Vacation leave may be used as earned, subject to the
approval of the department head to the time at which it is taken and subject to the
provisions of Subd. 4 of Subsection 150.06.
Subd. 5 Maximum Annual Carry Forward. All regular full-time employees with
five continuous years of employment or less may carry forward from one calendar year
to the next all vacation leave earned during the calendar year. All regular full-time
employees with more than five continuous years of employment may carry forward not
more than 40 hours of vacation earned during a calendar year. Vacation leave earned
but not taken which exceeds 40 hours per calendar year shall be deducted from each
employee's vacation balance at the end of each calendar year. The maximum amount
of vacation that may be taken during a calendar year is 25 days except that additional
days may be taken in accordance with the family and medical leave policy adopted
pursuant to subsection 150.13.
Subd. 6 Terminal Leave. All employees who accrue vacation and who leave
employment with the City in good standing, as described in Subsection 150.16, shall be
compensated for all accrued and unused vacation at the date of separation.
Subd. 7 Accrual During Leave. An employee using earned vacation leave shall
accrue vacation and sick leave during such use.
150.10 Sick Leave.
Subd. 1 Eligibility. Every regular full-time employee shall be entitled to and shall
accrue sick leave with pay. No other types of employees are entitled to or shall accrue
sick leave with pay.
Subd. 2 Amount. All employees entitled to sick leave shall accrue sick leave at a
rate of 3.69 hours per pay period.
Subd. 3 Purpose. Sick leave with pay may be granted to employees entitled thereto
when the employee is unable to perform scheduled work duties due to illness/disability,
the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability,
150-6
City of Edina General Code Provisions and Administration 150.11
exposure to contagious disease where such exposure may endanger the health of others
with whom the employee would come in contact in the course of performing work
duties. Sick leave with pay may also be granted for a variety of other family and
medical circumstances. The amount and conditions under which sick leave with pay
may be used for such circumstances is provided in the family and medical leave policy
adopted pursuant to Subsection 150.13 of this Code. Sick leave with pay may be
granted for a maximum of five days in the event of the death of an employee's spouse,
father, mother, spouse's father or mother or child and a maximum of three days in the
event of the death of an employee's grandparent, grandchild, brother or sister.
Subd. 4 Proof.
A. To be eligible for sick leave with pay, a regular full-time employee shall
report their absence to their supervisor within the first thirty minutes of the start
of that employee's scheduled work period.
B. To be eligible for sick leave with pay, an employee entitled thereto shall
keep their supervisor informed on a daily basis of their condition or the
condition of the family member that is ill and if the absence is of more than
three working days duration, submit a medical certificate in form and substance
acceptable to the Manager or department head. The Manager or department
head shall have the right to verify any reported illness of an employee by such
means as they deem necessary. The employee may also be required to submit
proof, satisfactory to the Manager or department head of their
physical/emotional ability to perform their duties upon their return from sick
leave.
Subd. 5 Penalty. Using or claiming sick leave for a purpose not authorized by
Subd. 3 shall be cause for disciplinary action under Subsection 150.20, including
reprimand, suspension or dismissal.
Subd. 6 Accrual During Leave. An employee using earned sick leave shall accrue
vacation and sick leave during such use.
Subd. 7 Unused Sick Leave Upon Termination. All employees who accrue sick
leave and who leave employment with the City in good standing, as described in
Subsection 150.16, shall be compensated for accrued and unused sick leave at the date
of separation as provided in the Policy for the Payment of Unused Sick Leave adopted
by the City Council on September 7, 1999. Employees covered by a collective
bargaining agreement shall not be eligible for pay under this Subdivision.
Subd. 8 Applicable Provisions. The provisions of this Subsection except Subd. 1
and Subd. 2 hereof, shall be used to administer sick leave provisions of any collective
bargaining agreements which include City employees.
150.11 Military Leave. Every employee to whom M.S. 192.26 or 192.261, or U.S.C.A.,
150-7
City of Edina General Code Provisions and Administration 150.15
Title 38, Section 2021, applies, is entitled to the benefits, but subject to conditions prescribed
therein as required by law.
150.12 Leave of Absence. Except as required by M.S. 181.9412 and 181.945, the
Manager may grant any regular full-time employee a leave of absence without pay for a period
not to exceed 90 calendar days except that the Manager may extend such leave to a maximum
period of 120 calendar days in case the employee is disabled or where extraordinary
circumstances, in the Manager's judgment, warrant such extension. No vacation or sick leave
with pay benefits shall accrue during a leave of absence without pay. During a leave of
absence, health, life insurance, and long term disability insurance premiums shall be paid by
the employee with no contribution by the City.
150.13 Family and Medical Leave. The City will grant leave to eligible employees due to
a variety of family and medical circumstances. The City maintains a policy concerning the
eligibility for and the use of such leave in accordance with the Family and Medical Leave Act
of 1993.
150.14 Jury Duty. When a regular full-time or regular part-time employee performs jury
duty the employee is entitled to compensation from the City equal to the difference between the
employee's regular pay and the amount received as a juror.
150.15 Rest Periods and Holidays.
Subd. 1 Rest Periods. Every employee, when working under conditions where a
break period is practicable, shall be granted a 15 minute break period in each half of the
employee's shift. Each department head shall schedule rest periods so as not to
interfere with work requirements.
Subd. 2 Holidays. The following calendar days and such other days as designated
by the Council are paid holidays: New Year's Day - January 1; Martin Luther King Jr.
Day - the third Monday in January; President's Day - the third Monday in February;
Memorial Day - the last Monday in May; Independence Day - July 4; Labor Day - the
first Monday in September; Veteran's Day - November 11; Thanksgiving Day - the
fourth Thursday in November; the Friday after Thanksgiving Day; and Christmas Day -
December 25. Also one-half day on Christmas Eve - December 24, and one-half day
on New Year's Eve - December 31, shall be paid holidays whenever they fall on one of
the days Monday through Friday. When New Year's Day, Independence Day,
Veteran's Day or Christmas Day fall on Saturday, the preceding Friday is the holiday,
and should these days fall on Sunday, the following Monday shall be the holiday. All
regular full-time employees are entitled to time off with full pay on holidays. City Hall
shall be closed for business on each such holiday, but employees may be required to
work on paid holidays when the nature of their duties or other conditions require. An
employee required to work on a holiday shall receive another day off within 30 days as
the department head determines unless consideration is given to this factor in
determining work schedules. Each holiday commences at the beginning of the first
shift on the day on which the holiday occurs and continues for 24 hours. Eligible
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City of Edina General Code Provisions and Administration 150.17
employees shall receive pay for official holidays at their normal rate of pay if they are
at work or on a leave of absence with pay the last regular day or shift to which they
were or would have been assigned prior to the holiday and the first regular day or shift
to which they were or would have been assigned following the holiday. In addition to
meeting the foregoing criteria, part-time employees, both regular and temporary, are
entitled to pay on a holiday only if they would normally be scheduled to work on the
day of the week designated as the holiday and they shall be paid only for the number of
hours they would have worked. The Manager, in the Manager's discretion, may grant
paid holidays to individuals for the celebration of certain religious holy days observed
by their particular faith.
150.16 Resignation. Any employee wishing to leave municipal service in good standing
shall file with the employee's department head and the Manager, at least 14 calendar days
before leaving, a written resignation stating the effective date of resignation and the reason for
leaving, and shall be present at work the three consecutive work days prior to the final date of
employment with the City. Failure to comply with this procedure may, at the discretion of the
Manager, be considered cause for denying the employee severance pay or future employment
by the City. Unauthorized absence from work for a period of three consecutive days may be
considered at the discretion of the department head and Manager as a resignation.
150.17 Severance Pay.
Subd. 1 Special Definitions. The following special definitions apply only to this
Subsection:
Eligible Employee. An employee of the City who is eligible for severance pay
under Subd. 2 of this Subsection.
Pay. The eligible employee's regular basic salary or wage (before any payroll
deductions) for regular full-time employment in effect on the severance date.
PERA Rules. The requirements for payment of an annuity or benefit from
PERA as of May 31, 1989 (including any changes in such requirements adopted
as of that date, but effective after that date).
Regular Full-Time Employment. Employment with the City where the 0-
employee is regularly engaged for a minimum of 40 hours every seven day
cycle, as determined by the needs and particular customs in the employee's
department.
Severance Date. The last date on which the eligible employee performs duties
in full-time employment.
Subd. 2 Eligible Employees.
A. General Rule. The City shall provide severance pay only to those regular
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City of Edina General Code Provisions and Administration 150.20
full-time employees who are no longer in their original probationary period (as
contrasted with a promotional probationary period), who leave employment in
good standing as described in Subsection 150.16, whose employment ends:
1. Due to total and permanent disability, as determined by PERA under
PERA rules, or;
2. Due to the effects of a permanent elimination by the City of any
functions or activities of the City.
B. Special Rule. Regular full time employees hired prior to January 1, 2000,
who leave employment in good standing as described in Subsection 150.16 after
20 years of continuous service to the City shall be eligible for severance pay but
only as provided in the Policy for the Payment of Unused Sick Leave adopted
by the City Council on September 7, 1999. Regular full time employees hired
after January 1, 2000, shall not be eligible for severance payments as provided
by this paragraph B.
C. Exclusion. Employees covered by a collective bargaining agreement shall
not be eligible for severance pay under this Subsection.
Subd. 3 Amount. The eligible employee's severance pay shall be a lump sum
amount equal to six weeks pay.
Subd. 4 When Paid. The City shall pay the severance pay on the payday
immediately following the eligible employee's severance date. For total and permanent
disability, however, the City shall pay the severance pay on the payday immediately
following its receipt of appropriate notice of PERA's determination.
150.18 Grievance Policy. It is the policy of the City insofar as possible to prevent the
occurrence of grievances and to deal promptly with those which occur. An employee may
grieve only those subjects identified within this Section. An employee has five working days
from the date of the occurrence within which to bring the grievance to the attention of the
supervisor. When any employee grievance comes to the attention of a supervisory employee,
the supervisor shall discuss all relevant circumstances with the employee, consider and
examine the causes of the grievance, and attempt to resolve it to the extent of the supervisor's
authority to do so. If the grievance remains unresolved at that level, the grievance may be
appealed to the next administrative level, and so on up to and including the Manager and
Council. The Council's decision concerning a grievance is final.
150.19 Lay-Off. The Manager may lay-off any employee when in the sole and exclusive
judgment of the Manager it is appropriate because of the shortage of work, funding of
positions, changes in the organization or for any other reason.
150.20 Discipline.
150-10
City of Edina General Code Provisions and Administration 150.20
Subd. 1 General. All City employees shall be subject to disciplinary action,
including dismissal, for failing to fulfill their duties and responsibilities as determined
by the City. The following grounds may, as deemed appropriate by the City, be the
basis for discipline, including dismissal. These are examples only:
A. Unauthorized possession or use of City property.
B. Refusal or failure to comply with an assignment or order, or to perform
assigned work.
C. Unauthorized absence.
D. Tardiness after warning.
E. Possession, sale, consumption, or under the influence of non-prescription
drugs, alcohol, or other controlled substances while on duty.
F. Violation of law, or of City work rules, policies or practices as deemed
appropriate by the Manager.
G. Failure to perform assigned tasks at a performance level or in a manner
satisfactory to the Manager.
The above are intended to serve only as examples and are not the exclusive grounds for
which the City may discipline, including dismissal. The City reserves the right to
determine that other actions or inaction are grounds for discipline, including dismissal.
Employees subject to discipline have the right to pursue the grievance procedure or
hearing procedure as provided for herein.
Subd. 2 Disciplinary Action. As determined by the sole judgment of the City,
disciplinary action may involve any of the following steps, whether or not any specific
progression is followed, as determined by the City:
A. Oral reprimand.
B. Written reprimand.
C. Suspension with or without pay.
D. Demotion or transfer.
E. Dismissal.
Subd. 3 Written Notice to Employee. Before any employee is suspended,
demoted, transferred, or dismissed for disciplinary reasons, the employee shall be given
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City of Edina General Code Provisions and Administration 150.23
written notice of the reason(s) for any such proposed action. The employee shall also
be given notice of a hearing to be held before the Manager. The employee may be
accompanied at the hearing by a representative. At this hearing the Manager shall
receive evidence offered in support of the reasons for the proposed action and evidence
as may be presented by or on behalf of the employee. After the close of the hearing, the
Manager shall consider the evidence presented and make a decision. Notwithstanding
the following provisions regarding notice of proposed action and an opportunity for
hearing before personnel action is taken, the City reserves the right in cases it considers
proper, such as those involving safety, and health considerations, or other hazards
affecting the interests of employees or other persons, or in other appropriate
circumstances as determined by the City, to remove an employee from the performance
of duties in whole or in part before any such hearing is held or decision made pending
such decision.
Subd. 4 Findings of Manager. The findings and conclusions of the Manager shall
be in writing, filed with the Clerk, and served on the employee. The decision of the
Manager shall be implemented upon such filing and service.
Subd. 5 Right to Appeal. In cases where the Manager decides to impose personnel
action affecting the employee as a result of proceedings instituted under this Section,
the employee shall have the right to appeal said decision to the Council. Said appeal
must be made in writing and filed with the Manager within five working days after the
notification to the employee of the decision of the Manager. The appeal and hearing
conducted pursuant to any such appeal before the Council shall be conducted as
determined by the Council and may include the appointment of a committee of the
Council to hear the appeal. Such committee shall prepare findings and conclusions for
submission to the Council for its consideration and action. The action of the Council
on any such appeal may affirm, overrule, or modify the action of the Manager. The
findings and conclusions of the Council on an appeal shall be in writing, filed with the
Clerk, and served upon the employee and the Manager. The Council's action on such
appeal shall be final.
Subd. 6 Hearing for Veteran. If the disciplinary action involves the removal of a
veteran, the hearing shall be held in accordance with M.S. 197.46.
150.21 Sexual Harassment. The City is committed to providing a work environment that is
free of sexual harassment. In keeping with this commitment, the City maintains a policy
prohibiting sexual harassment. This policy prohibits sexual harassment in any form, including
verbal and physical harassment.
150.22 Drug Free Workplace. The City is committed to providing a healthy and efficient
work force free from the effects of drug abuse. In keeping with this commitment, the City
maintains a policy in compliance with the Federal Drug-Free Workplace Act of 1988 and
applicable State law.
150.23 Unlawful Acts.
150-12
City of Edina General Code Provisions and Administration 150.25
Subd. 1 Falsification of Records. No person shall knowingly make any false
statement, certificate, mark, rating, or report in regard to any test, certificate or
appointment held or made under the City personnel system or in any manner commit or
attempt to commit any fraud preventing the impartial execution of the provisions of this
Section.
Subd. 2 Rendering of Consideration. No person seeking employment to or
promotion in the service of the City shall directly or indirectly give, render, or pay any
money, service, or valuable consideration to any person, on account of or in connection
with the person's test, employment, or promotion, or proposed employment or
promotion.
150.240fficials Under Workers' Compensation Act. Pursuant to M.S. 176.011, Subd. 9,
the elected officials of the City and those municipal officials appointed to a regular term of
office or to complete the unexpired portion of a regular term, are hereby included in the
coverage of the Minnesota Workers Compensation Act.
150.25 Political Activity. An employee may not use official authority or influence to compel a
person to apply for membership in or become a member of a political organization, or to
compel a person to pay or promise to pay a political contribution, or to compel a person to take
part in political activity.
Any employee who shall become a candidate for a federal, state or municipal elective office, or
assume a federal, state or municipal elective office, shall be expected to properly fulfill the
normal employee's duties during such candidacy and while holding such office and may be
disciplined for failure to do so. Also, an employee holding such office shall be permitted time
off from regular employment to attend meetings required by reason of the public office. Such
time off may be without pay, with pay, or made up with other hours, as agreed between the
employee and the Manager.
Any employee whose principal employment in the City is in connection with an activity which
is funded in whole or in part by the United States or a federal agency is also subject to the
restrictions and penalties of the Federal Hatch Act. (Title 5, U.S.C.A. 8 1501, et. seq,)
History: Ord 121 codified 1970; repealed and replaced by Ord 122 12-6-89; amended by Ord
1994-8 9-28-94; 1999-10 9-07-99
Reference: M.S. 43A.11, 179A.01 to 179A.30, 197.455, 197.46, 211 B.09, 211B.10, Subd. 2,
353, 471.991 to 471.999
150-13
City of is eneral Code Provisions and Administration 185.01-Sch e A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
200 200.04 Public Dance Permit $50.00 1
215 215.04 Bingo Occasion, Gambling Device, $10.00 per permit 5
Raffle Permit
220 220.04 Machine Or Amusement Device License $60.00 per establishment per year plus: 10
plus$12.00 per machine 11
300 300.02, Redemption Of Impounded Animals $16.00 per day for feeding&care, any veterinarian services and impounding 15
Subd. 2 fee of
a) If animal has not be impounded within one year prior to date of 16
impounding-$35.00
b) If animal has been impounded once with the year prior to the date of 17
impounding- $60.00
c) If animal has been impounded twice or more within one year prior to the 18
date of impounding- $110.00
300 300.02, Disposal Of Animal $20.00 per animal 19
Subd. 3
300 300.03, Dog License $26.00 per dog or$13.00 per neutered dog 20
Subd. 3
300 300.03, Dog License Renewal- 1 year $12.00 per dog or$9.00 per neutered dog 21
Subd. 3 (Late Charge After March 1)
300 300.03, Dog License Renewal-2 year $26.00 per dog or$13.00 per neutered god 21a
Subd. 3 (Late Charge After March 1)
300 300.03, Duplicate Dog License Tag $6.00 per duplicate tag 22
Subd. 4
300 300.04, Commercial Kennel License $55.00 per year 23
Subd. 2
300 300.15 Permit For Extra Dogs Or Cats $100.00 24
405 405.01 Landscaping, Screening, Or Erosion $100.00 25
Control Site Plan Permit
410 410.02, Building Permit If total valuation of work is: Then amount is 30
Subd. 1 $1.00 to $500.00 * $21.00
$501.00 to $2,000.00 * $21.00 for first$500.00 plus $2.75 for 31
each additional$100.00 or fraction
thereof to and including$2,000
185-2
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
410 410.02, Building Permit If total valuation of work is: Then amount is 32
Subd. 1 $2,001.00 to$25,000.00 * $62.25 for first$2,000.00 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 * $349.75 for first$25,000.00 plus $9.00 33
for each additional $1,000.00 or
fraction thereof to and including
$50,000
$50,001.00 to$100,000.00 * $575.75 for first$50,000.00 plus $6.25 34
for each additional$1,000.00 or
fraction thereof to and including
$100,000.00
$100,000.00 to$500,000.00 * $887.25 for the first$100,000.00 plus 35
$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 * $2887.25 for the first$500,000.00 plus 36
$2.25 for each additional$1,000.00 or
fraction thereof to and including
$1,000,000.00
$1,000,001.00 and up * $5012.25 for the first$1,000,000.00 37
plus $2.75 for each additional
$1,000.00 or fraction thereof
* plus surcharge pursuant to M.S. 16B.70
Plan Review 65% of Permit Fee 37a
410 410.02, Re-Inspection Fee Assessed Under $42.00 per hour or the total hourly cost to City, whichever is greatest. 38
Subd. 1 Provisions Of UBC, Section 108.8 (includes supervision, overhead, equipment, hourly wages and fringe benefits
of employees involved.)
410 410.02, Building Code Compliance Inspection $150.00 Residential 39
Subd. 1 $320.00 Commercial 40
410 410.02, Residential Building Contractor, $5.00 surcharge pursuant to M.S. 326.86 41
Subd. 3 Remodeler Or Specialty Contractor
License Verification
415 415.02 Permit For Moving Of Building $212.00 45
City of a eneral Code Provisions and Administration 185.01-Sch e A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
415 415.02, Indemnity Deposit For Damages $530.00, unless licensed by Commissioner of Transportation 46
Subd. 3 Sustained By Moving Of Building
421 421.03 R-O-W Work Annual Registration $200.00 50
421 421.04 R-O-W Excavation Permit $70.00 50a
Administrative Fee
Per Additional Excavation-Paved Area $30.00 50b
Per Additional Excavation-Unpaved Area $15.00 50c
Underground Utility/Telecom Installation $40.00 per 100 L. Ft. 50d
-Directional Boring Or Tunneling(Plus
Minimum Permit Fee)
Underground Utility/Telecom Installation $55.00 per 100 L. Ft. 50e
- Open Trenching (Plus Minimum Permit
Fee)
Overhead Utility/Telecom Installation $5.00 per L. Ft. 50f
(Plus Minimum Permit Fee)
421 421.07, Street Surface Repair Under 10 square feet 0$25.00/square foot 51
Subd. 3 10-25 square feet 0$20.00/square foot 51a
over 25 square feet- $17.00/square foot 51b
430 430.03 Installers' Licenses: Oil Burner; Stoker; $55.00 55
Steam Or Hot Water Hearing;
Mechanical War Air Heating; Air
Conditioning; Refrigeration, and Gas
Piping Installers
435 435.07 Gas Piping Permit; Oil Burner, Stoker, Minimum Fee:
Steam Or Hot Water Heating, Residential- $22.00 plus surcharge pursuant to M.S. 16B.70 60
Mechanical Warm Air Heating And Air Commercial- $27.00 plus surcharge pursuant to M.S. 16B.70 61
Conditioning Or Refrigeration Permit Fee Calculations:
$0- $1,000 *$16.00 plus 3.10% >$500.00 62
$1,001 - $5,000 *$31.50 plus 2.60% >$1,000.00 63
$5,001 - $10,000 *$135.50 plus 2.15% >$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% > $25,000.00 66
$50,001 and over *$933.00 plus 1.30% > $50,000.00 67
*plus surcharge pursuant to M.S. 16B.70
185-4
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
440 440.04 Plumbing Or Water Conditioning Permit Fees same as for gas piping permit(See 435 above) 75a
440 440.04 Water Conditioning Equipment $22.00 plus surcharge pursuant to M.S. 16B.70 76
Installation Permit
440 440.4 Installation Or Testing Of RPZ Backflow $27.00 77
Preventers
445 445.08 Surcharge For Prohibited Connection To $100.00 per month 78
Sanitary Sewer
450 450.05 Swimming Pool Construction Same as the fees for a building permit(See 410.02 Subd 1, fees) 80
450 450.27, Public Or Semi-Public Swimming Pool $380 per year for each enclosed pool (partial or all of the year) 81
Subd. 4 License $205.00 per year for each outdoor pool 82
450 450.27, Public Or Semi-Public Whirlpool Bath Or $105.00 per year 83
Subd. 4 Therapeutic Swimming Pool License
460 460.06, Sign Permit $60.00 85
Subd. 1
460 460.06, Courtesy Bench Sign Permit $15.00 per year 86
Subd. 1
460 460.06, Sign Variance Fee $125.00-Residential Property 87
Subd. 6. $250.00- Commercial Property 88
475 475.03, Parking Ramp License $100.00 per year 90
Subd. 1
605 605.07 Permits Required By UFC Minimum fee: $75.00 95
Special Hazard Permit: Class I: General hazard and fire safety inspections requiring a special hazard 96
permit- $75.00
Class II: Special hazard inspection involving various hazardous materials 97
and/or processes in occupancies of buildings less than 3000 sq. ft. in area-
$125.00
Class III: Special hazard inspection primarily directed at, but not limited to, 98
buildings or occupancies 3000 sq. ft. or larger where any of the following
are present: Multiple hazards, Storage handling, and/or processes involving
dangerous or toxic materials, substances and/or processes; or Occupancies
in which valuation or high valuation presents unique circumstances. -
$175.00
18
City of__-na seneral Code Provisions and Administration 185.01-Sche__-e A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
615 615.03 License To Service Fire Extinguishers $30.00 per year per person licensed 100
620 620.04 Permit Fee For Cleaning Commercial $75.00 105
Cooking Ventilation System
625 625.03 Sprinkler Permit Fees: Per Number of Heads: 110
1 - 5 *$50.00(minimum fee)
6-25 *$75.00
26-50 *$145.00
51 -75 *$190.00
76- 100 *$225.00
101 - 125 *$255.00
126- 150 *$270.00
151 - 175 *$290.00
176-200 *$310.00
201 plus *$330.00 for first 200 + $1.00 for each
additional head
*plus surcharge pursuant to M.S. 16B.70
625 625.03 Fire Pump Installation And Associated $90.00 118
Hardware
Standpipe Installation $90.00 119
Each Additional Pipe $10.00 120
625 625.03 Fire Alarm System Permit Same as for building permits (See Subs. 410.02, Subd 1 above) 121
635 635.02 False Fire Alarm $300.00- Residential 125
$500.00- Commercial 126
710 710.04, Private Sewage Disposal System Permit $30.00 130
Subd. 3
716 716.02 Recycling Service: Single Family $6.69 per quarter 131
Double Bungalow $6.69 per quarter 132
Apartments/Condos(2-8 units) $5.43 per quarter 133
720 720.04, Food Establishment License $560.00 per year$510.00 if certified per Subsection 720.04 Subd 3C 135
Subd. 3 $145.00 per year for each additional facility 135a
Day Care, Limited Food Establishment $175.00 per year 136
License
Take-Out Food Facility License $375.00 per year$315 if certified per Subsection 720.04 Subd 3C 137
Packaged Food Sales License $165.00 per year 138
185-6
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
720 720.04 Food Warehouse License $95.00 per year 139
Subd. 3
Continued Catering Food Establishment License $560.00per year$510.00 if certified per Subsection 720.04 Subd 3C 140
$145.00 per year for each additional facility
Itinerant Food Establishment License $95.00 per event 141
Retail Candy Shop License $75.00 per year 142
$10.00 each additional facility
Potentially Hazardous Food Vehicle $115.00 per year 143
License
Potentially Hazardous Food Vehicle $575.0 per year 144
License- Fleet of Five or More
Catering Food Vehicle License $205.00 per year 145
$50.00 per year each additional vehicle
Food vehicle license $115.00 per year 146
Food Vehicle License-Fleet of Five or $575.00 per year 146a
More
Pushcart License $170.00 per year 147
Food Vending Machine License $15.0 per machine per year 148
720 720.06 Food Establishment Plan Review Minimum Fee $25.00 149
New Construction 100% of Food Establishment License Fee 150
based upon ultimate Food Establishment
Category
Addition/Remodel/Repair or $50% of Food Establishment License Fee 151
Renovation of Existing based upon ultimate Food Establishment
Facility Category
735 735.03 Hotels Hotels $270.00 for 1-50 Rooms plus$2.00/room for each room over 50 155
735 735.03 Lodging or Boarding Houses License $75.00 per location 156
740 740.04 Multiple Dwelling Parking Garage $35.00 per single tract of land(may contain more than one building under 157
License same ownership
740 740.04 Multiple Dwelling Parking Garage $65.00 per garage 158
Inspection Fee
810 810.09, Neighborhood Property Owner List $1.00 per property owner name 160
Subd_X
18
City of is eneral Code Provisions and Administration 185.01-Sch e A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
810 810.09 Plat and Subdivision Filing Fee $100.00 per lot For division of one or more lots where no 161
new buildable lots are created
$400.00 + $50.00/lot All plats and Subdivision other than above 162
810 810.09, Developer's Agreement Fee 6.5% of the total construction cost of such public Improvements 163
Subd. 2 For City Services Rendered in
Connection with Required Street, Water,
and Sewer Improvements
815 815.03 Antennas, Dish Antennas&Tower Same fee as for a building permit(See Subdsection 410.02 Subd 1 above) 165
Permits
820 820.01 Filing of application for vacation of $300.00 170
street, alley or easement
830 830.05, Permit fee for tree removal or grading Same fee as for a building permit 175
Subd. 1 (See Subsection 410.02, Subd 1 fees above)
8030 830.05 Permit fee for open pit or excavation of Same fee as for a building permit 176
100 cubic feet or more (See Subsection 410.02, Subd 1 fees above)
845 845.04 Restricted access parking lot license $500.00
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 $150.00 190
Subd. 1 C. Commercial $250.00 191
850 850.04, Fee For Transfer of Land to Another (One)R-2 Lot $400.00 192
Subd 2 A.2 Zoning District (Two)R-2 Lots $500.00 193
All Other Transfers $750.00 194
850 850.173, Temporary Retail Sales in PID Permit $300.00- First Permit, $200.00- Subsequent Permits 195
Subd. 4 C.la
850 850.04, Conditional Use Permit Fee shall be equal to City staff time expended and City's direct cost incurred 196
Subd. 4 A.2 in processing application. $500.00 deposit with application submission
Additional deposits of$500.00 shall con5tinue to be made as prior deposits
are expended. Deposits not expended shall be refunded to applicant
850 850.04, Temporary Conditional Use Permit $75.00 197
Subd. 5 C.I
185-8
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
850 850.10, Landscaping Inspection $100.00 198
Subd. 1D.
850 850.04, Final Development Plan Application Fee $500.00 199
Subd. 6
900 900.07, Liquor License Fees (Per Year)
Subd. 1 On-Sale Club License $675.00 205
On-Sale Intoxicating License Restaurants Only $11,000.00 206
Off-Sale 3.2 Malt Liquor(New) $319.00 207
Off-Sale 3.2 Malt Liquor(Renewal) $252.00 208
On-Sale 3.2 Malt Liquor(New) $319.00 209
On-Sale 3.2 Malt Liquor(Renewal) $252.00 210
Wine On-Sale Restaurants Only: 1 - 50 Seats $829.00 211
51 - 100 Seats $910.00 212
101-150 Seats $978.00 213
Over 150 Seats $1,045.00 214
Temporary On-Sale Intoxicating License Per Day $50.00 215
Temporary On-Sale 3.2% Malt Liquor Per Event $57.00 216
Sunday On-Sale License Restaurants Only $200.00 218
Manager's License Per Person/Year $77.00 219
1020 1020 False Automatic Alarm $105.00 for the third and each subsequent response within one calendar year 220
1040 1040.08 Loudspeaker Permit $15.00 225
1045 1045.05 Variance Fee RV's Boats, etc. Storage $50.00 230
1100 1100.03, Sewer Service Charge: Based upon water usage during winter quarter. (November 1 to March 1)
Subd. 2
Single Family Dwellings, Town To and including 1600 cubic feet $29.12 per quarter 235
Houses, Two-Family Dwellings, From 1601 cubic feet&over $1.82 per 100 cubic feet 236
Apartment Building Containing Four
Or Less Dwelling Units:
Apartment Buildings With More Than $26.00 per quarter for each unit over four, or$1.82 per 100 cubic feet of 237
Four Dwelling Units water used during the quarter whichever is greater.
Commercial and Industrial Buildings, $34.00 per water meter or approved sewage metering devise on premises, or 238
Including Schools and Churches $1.82 per 100 cubic feet or water used during the quarter, whichever is
greater.
1100 1100.03, Industrial User Extra Strength Charges As allocated to City by Metropolitan Waste Control Commission. 239
Subd. 3
18
City of a eneral Code Provisions and Administration 185.01-Sche A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1100 1100.03, Shutting Off Or Turning On Curb Water $12.50 for each turn-on and each shut-off 240
Subd. 4.A Stops at Customer's Request or Due to
Non-payment of Bill
1100 1100.04, Issuance of Water Meter Cost of Water Meter, plus handling charges 241
Subd. 1.0
1100 1100.03, Water Service: 1. $0.64 per 100 cubic feet for areas on City, except as described in#2 242
Subd. 2 below.
2. $1.64 per 100 cubic feet- Morningside area and for east side of Beard 243
Av. from West 54'St. to Fuller St. and both sides of Abbott Pl. from
West 54'St. to Beard Av.
3. Excessive Use Charge $0.20 per 100 cubic feet 244
Meter Charge: Up to 3/a Inch Meter $7.78 per quarter 245
1 Inch Meter $10.56 per quarter
1 1/a Inch Meter $12.06 per quarter
1 1/z Inch Meter $13.57 per quarter
2 Inch Meter $21.85 per quarter
3 Inch Meter $82.90 per quarter
4 Inch Meter $105.50 per quarter
Flat Annual Charges As Follows: $2.500.00- Park Department for water used for sprinkling and skating rinks 246
$1,050.00- Street Department for water used for flushing street 247
1105 1105.01, Service Availability Charge(SAC) $1,050.00 per SAC unit X number of SAC units computes pursuant to 250
Subd. 1 Subsection 1105.01, Subd. 1 of this Code.
1105 1105.02, Charge for Connection to City Water or $1,000.00 Minimum or Assessment Cost of Like Abutting Properties 251
Subd. 1 Sewer System
1110 1110.03 Storm Water Drainage Charge $5.00 per quarter pursuant to formula in Subsection 1110.03 255
Subd. 1
1205 1205.01 Curb Cut Permit $35.00 260
1230 1230.07 Sidewalk Cafe Permit $530.00 261
1235 1235.03, Parking Permit $3.50 per month pro-rated 265
Subd. 2
Refund Parking Permit-Sticker Must Be $3.50 per month pro-rated 266
Returned
1300 1300.02, Refuse or Recycling Hauler's License $250.00 per year for Pt vehicle 270
Subd. 1 $75.00 per year for each additional vehicle
185-10
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1325 1325.03 Tobacco Sale License $270.00 per location 280
1340 1340.06, Physical Culture &Health Service or $200.00-Business License 285
Subd. 1 Club, Reducing Club or Salon, Sauna
Parlor, Massage Parlor or Escort Service
License
Massage Therapist or Escort Service $70.00 Individual License 286
Individual License $25.00 Additional Location 286a
1340 1340.06 Individual Massage Therapist or Escort $70.00 287
Service Investigation Fee(At Time of
Original Application)
1340 1340.06, Investigation Fee- Business License $1,500.00 288
Subd 2
1345 1345.05 Sexually-oriented Business License $5,000.00 per year 289
Subd. 1
1345 1345.05 Investigation Fee- Sexually-oriented $1,500.00 289a
Subd. 2 Business License(At time of original
application)
1350 1350.06, Commercial Photography
Subd. 1 Manager Permit - Still Photography $25.00 290a
Manager Permit- Motion Photography $100.00 290b
Council Permit $300.00 290c
1400 1400.12 Truck Restrictive Road Permit $10.00 290
1410 1410.01 Redemption of Impounded Vehicle Fee as posted in Police Department 291
18
City of Edina Buildings, Construction and Signs 410.03
Section 410 - Building Code
410.01 State Building Code Adopted. There is hereby adopted and incorporated herein by
reference, as a section of this Code, the Minnesota State Building Code (the "MSBC") as
promulgated by the State Department of Administration pursuant to M.S. 1613.59 through
1613.75, including amendments to the MSBC in effect on October 5, 1998, and including the
following, but only the following, listed optional provisions of the MSBC and of the 1997
Edition of the Uniform Building Code as promulgated by the International Conference of
Building Officials (the "UBC"), except, however, that fees shall be as provided in this Section.
The optional provisions which are hereby adopted are as follows:
A. Chapter 1306 with Option 8 (Group M, S, or F occupancies with 2,000 or more
gross square feet) of the MSBC relating to Special Fire Protection Systems.
B. Chapter 1335, parts 1335.0600 to 1335.1200 of the MSBC relating to
Floodproofing.
410.02 Fees and Surcharges.
Subd. 1 Fees. Permit fees required by the MSBC or the UBC shall be in the
amounts set forth in Section 185 of this Code.
Subd. 2 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this
Subsection, each applicant for a permit shall pay a surcharge to the City in the amount
set forth in M.S. 1613.70 to be remitted to the State Department of Administration
pursuant to M.S. 16B.70.
Subd. 3 Additional Surcharge. In addition to the fees charged pursuant to Subd. 1
and Subd. 2 of this Subsection, each building permit issued for work that requires a
licensed residential building contractor, remodeler, or specialty contractor pursuant to,
and as defined in M.S. 326.83 and 326.84 (Chapter 306, 1991 Session Laws), shall pay
to the City a surcharge as allowed by M.S. 326.86, and in the amount set forth in
Section 185 of this Code.
410.03 Codes on File. One copy of each of the following, each marked "Official Copy", is
on file in the office of the Clerk and shall remain on file for use and examination by the public:
A. The State Building Code regulations known and identified as Chapters 1300, 1301,
1302, 1305, 1306, 1307, 1315, 1325, 1330, 1335, 1340, 1346, 1350, 1360, 1361,
1370, 4715 and 7670.
B. The UBC, with all appendices.
C. The 1996 Edition of the National Electrical Code (NEC) as approved by the
American National Standards Institute (ANSI/NFPA70-1996).
410 - 1
City of Edina Buildings, Construction and Signs 410.05
D. The 1987 American National Standard Safety Code for Elevators and Escalators
adopted by the American National Standards Institute and the American Society of
Engineers (ANSI/ASME) A17.1-1987, together with supplement A17.1(a)-1988 and
ANSI-A17.3-1986 as published by the American Society of Mechanical Engineers.
E. Chapters 1 to 20 of the 1991 Edition of the Uniform Mechanical Code promulgated
by the International Conference of Building Officials and the International
Association of Plumbing and Mechanical Officials, with appendices A, B and C.
F. Minnesota Energy Code as set out in Chapter 7670 of Minnesota Rules, 1998
G. Minnesota Plumbing Code as set out in Chapter 4715 of Minnesota Rules, 1998.
H. Interim Guidelines for Building Occupant Protection from Tornadoes and Extreme
Winds, TR-83A, January 1980, Sections 1 and 2, published by the Federal
Emergency Management Agency, Washington, D.C.
I. The 1972 Edition of Flood Proofing Regulations: as promulgated by the Office of
the Chief Engineer, U.S. Army, Washington, D.C.
410.04 Organization and Enforcement. The organization of the Building Department of
the City, and enforcement of this Section, shall be as established by Chapter 1 of the UBC.
410.05 Penalty. Any person who violates or fails to comply with any provision of this
Section shall be subject to the penalties provided by Subsection 100.09 of this Code, and shall
also be subject to other penalties and remedies available to the City under the MSBC.
History: Ord 410 8-10-88, Ord 1995-13-29-95; Ord 1999-8 4-14-99
Reference: M.S. 16B.59 through 16B.73, 16B.70, 326.83, 326.84, 326.86
Cross Reference: Section 185, Subsection 100.09
410 - 2
City of Edina Building, Construction and Signs 440.03
Section 440 - Regulating Plumbing and Installation
of Water Conditioning Equipment
440.01 Minnesota Plumbing Code. The Minnesota State Plumbing Code, adopted by
Section 410 of this Code adopting the Minnesota State Building Code, shall be applicable to
pertinent provisions of this Section.
440.02 Permit Required. No person shall construct, reconstruct, extend, alter or repair
any plumbing work, or install any plumbing fixture, or connect any plumbing work with a
cesspool or the City sewage system or the City water system, or install water conditioning
equipment without first obtaining a permit from the City. The application for a permit shall be
made to the Building Official on forms provided by the Building Official. The Building
Official may require that the application include full plans and specifications for the work. The
Building Official shall grant the permit upon finding that the work will comply with the State
Plumbing Code and this Code. No change in the work for which the permit has been issued
may be made without the written consent of the Building Official.
440.03 License Required for Plumbing or Water Conditioning Work; Exception.
Subd. 1 License Required. An applicant for a permit required by this Section must
be duly licensed or registered in accordance with Section 430 of this Code. In addition,
no individual shall construct, reconstruct, extend, alter or repair any plumbing work or
building drainage, or construct cesspools, or construct, reconstruct, or connect any
building drainage with cesspools or the City sewage system or the City water system
either directly or indirectly unless such individual holds a valid master, journeyman or
apprentice plumbing license issued by the State Department of Health to do such work;
provided that a registered apprentice plumber shall be permitted to do plumbing work
only under the direct supervision of a journeyman plumber who is present on the work
site. No individual shall install water conditioning equipment unless such person holds
a valid master or journeyman plumbing license or a water conditioning installer license
issued by the State Department of Health. No individual shall display any sign stating
or implying that said person is carrying on the business of plumbing unless said
individual holds a valid master plumber's license issued by the State. No owner, lessee
or occupant of any premises in the City, nor the representative or agent of any such
owner, lessee or occupant, shall knowingly hire or otherwise engage any person to do
plumbing work or water conditioning installation work on such premises who does not
hold a valid license issued by the State.
Subd. 2 Exceptions.
A. Any other provisions of this Section to the contrary notwithstanding and where
permitted by State Law, permits may be issued to make repairs, additions,
replacements, and alterations to any plumbing or drainage work or install water
conditioning equipment in any single family dwelling structure used exclusively for
living purposes or any buildings accessory thereto, provided that all such work in
connection with it shall be performed only by the person who is the bona fide owner
440 - 1
City of Edina Building, Construction and Signs 440.09
and occupant of such dwelling as the person's residence or a member of such
owner-occupant's immediate family. "Immediate family" includes only a parent,
spouse, child by birth or adoption, and such child's spouse.
B. Water service and building sewer lines may be installed by persons who
complete the training for and earn a Pipe Layer Card, their assistants and
contractors who employ them so long as there is at least one cardholder in each
trench where work is proceeding.
440.04 Fee. Applications for permits pursuant to this Section shall be accompanied by the
fee set out in Section 185 of this Code.
440.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the
installation of any plumbing work or water conditioning installation work in any building in
which a plumbing system has, in whole or in part, been installed contrary to City Code
provisions in effect at the time of such installation until such illegally installed plumbing shall
have been removed from it or brought into compliance with this Code and the Minnesota State
Plumbing Code.
440.06 Work on Condemned Plumbing. Whenever any plumbing has been condemned
by the Sanitarian or authorized assistant, a copy of the notice sent by the Sanitarian to the
agent, occupant, or person in charge or control of the premises where such plumbing has been
condemned shall be filed with the Building Official by said Sanitarian, and all repairs,
alterations and installations made on such condemned plumbing shall be made and done in
accordance with this Section. The plumber hired to perform such work shall secure a permit
for such work as required by this Section and shall make such tests of the completed work as
may be required by the Building Official.
440.07 Permit Required to Install Hot Water Heaters. No person shall install or
reinstall any hot water heater or a hot water storage tank in connection with a heating element
connected to any water system, without first having obtained a permit from the Building
Official.
440.08 When Permit Not Required. Permits will not be required for repairing leaks in
water pipes or for repairs of faucets or valves.
440.09 Additional Regulations for Plumbing Installation. The following additional
regulations shall apply to all plumbing work:
Subd. 1 Minimum Depth. The minimum depth of house water service lines shall
be seven feet.
Subd. 2 Manholes. All sewer services being cut into manholes where required shall
be inside drops of cast iron with the pipe strapped to the manhole wall and painted with
two coats of INERTOL PDXITAR paint or equal.
440 - 2
City of Edina Building, Construction and Signs 440.09
Subd. 3 Laying Lines. All sewer shall be laid with an even pitch without sags or
bows. Grades of sewer shall be one inch per eight feet minimum and one inch per two
feet maximum. All lines shall be laid on firm ground with back-fill, well compacted.
Subd. 4 Meters. Meters shall be set at least one foot above the floor and not over
four feet above it. There must be a gate or ball valve on each side of the meter.
Subd. 5 Water Services Through Buildings. All water services passing through a
portion of the building shall be run under the floor or slab to the location of the meter.
Subd. 6 Curb Boxes. Curb boxes must be brought up to grade and must be plumb
and operable after backfilling.
Subd. 7 Ditches. All ditches shall be left open until after inspection.
Subd. 8 Safety Regulations. The following safety regulations are applicable
whenever the plumbing work requires the digging of ditches or holes more than four
feet deep:
A. There must be at least two workers on each job at all times when work is in
progress;
B. All hand dug holes must be protected from collapse from the top to bottom
as they are dug;
C. All machine dug holes or ditches with perpendicular side walls must be
shored or braced from top to bottom for their entire length. Metal box frames
with 3/4" plywood sides or 3/4" plywood with metal jack spreaders spaced
every three feet on center horizontally and vertically are acceptable as shoring.
All frames or shoring must be left in the excavation until after inspection;
D. Unshored holes and ditches are acceptable only if the sides are sloped one
foot out for every one and one half feet in depth. A seven foot ditch must be
11'4" across the top, an eight foot ditch must be 12'8" across the top, and a nine
foot ditch must be 14 feet across the top, assuming a two foot width across the
bottom;
E. All materials shall be kept back at least two feet from the edge of the ditch.
All rocks or large frozen pieces must be piled far enough back to prevent their
rolling back into the ditch;
F. Where it is necessary to tunnel or undermine a slab or a curb or gutter to
make a connection, the slab or curb and gutter must be shored with 4 x 4
timbers. A 4 x 4 header must be placed under the slab or curb and gutter and
supported by two 4 x 4 timbers resting on solid ground. Shores shall be placed
at no more than three foot intervals. When digging next to foundations the
proper safety precautions shall be observed, including bracing and shoring of
walls to prevent cave-in;
440 - 3
City of Edina Building, Construction and Signs 440.12
G. All excavations must be covered or barricaded when work is not in
progress. All excavations on streets or sidewalk ways must be undertaken in
full compliance with Section 420 of this Code; and
H. Because of the numerous underground services installed in the City by the
public utilities, the location of gas lines, telephone lines and electric lines must
be ascertained by the person in charge of the work before digging is started.
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440.10 Approval of Materials, Appliances, and Fixtures. No person shall install any
materials, appliances or fixtures which have not been approved by the Building Official.
440.11 Inspection. All work for which a permit is required by this Section shall be subject
to inspection by the Building Official or the deputy, who shall be permitted access for purposes
of inspection at all reasonable times by the owner or occupant of the premises where the work
is to be or is being done, and by the person doing the work.
440.12 Procedure in Case of Violation. In case of any violation, the Building Official
may serve upon the person who performed the work, or upon the owner or occupant of the
premises where the work was done, a written notice describing the location and nature of the
violation and the steps to be undertaken to remedy the violation, and ordering that such steps
be taken within a reasonable period from the date of such service, which shall be not less than
five days nor more than 90 days. Failure by any party so served to remedy the violation
within the period specified shall be deemed a violation of this Section.
History: Ord 431 codified 1970; Ord 431-A1 2-18-76, Ord 431-A211-3-76;
Ord 432-AI 1-16-80, Ord 431-A3 5-13-81; Ord 431-A4 12-2-81; Ord 1999-8 4-19-99
Cross Reference: Sections 185, 410, 420, 430
440 - 4
City of Edina Fire and Explosives 605.02
Section 605 - Adopting Fire Codes, Establishing Bureau of
Fire Prevention and Fire Lanes
605.01 Adoption of Codes. The following are adopted and incorporated by reference as a
section of this Code:
Subd. 1 Minnesota Uniform Fire Code. The 1998 Minnesota Uniform Fire Code (the
"MUFC"), promulgated by the State Department of Public Safety as published June 29,1
998 in Minnesota Rules, specifically Minnesota Statutes 1998 (229F.011 Parts 7510.3310
through 3360, 3410 through 3440, 3460 through 3480, 3540, 3580, 3590, 3640, 3660 and
3700 with the changes and omissions as set for in this Section.
Subd. 2. Uniform Fire Code. The 1997 Edition of the Uniform Fire Code
promulgated by the International Conference of Building Officials and the Western Fire
Chiefs Association (the "UFC"), with the changes and omissions as set forth in this Section
and in the MUFC.
Subd. 3 Appendices. The following appendices of the UFC are adopted as part of this
Code: 1-A, II-D, II-E, II-K, II-L, IV-B, and VI-A.
605.02 Amendments to the MUFC and UFC.
Subd. 1 Article 1. Article 1, Section 105 "Permits" of UFC is included in its entirety:
Subd. 2 Article 10. Article 10 "Fire Protection" of UFC as adopted by MUFC is
amended as follows:
Section 1001 General is amended by adding a new subsection 1001.3 reading as
follows: "1001.3 Permits for the installation .of fire protection systems shall be
obtained as provided for in Section 625 of this Code."
The remaining sections are to be re-numbered 100 1.4 through 1001.11 respectively.
Subd. 3 Article 11. Article 11, "General Precautions Against Fire" of UFC as adopted
by MUFC is amended as follows:
A. Section 1102.3 Open Burning is amended by adding to it new sections as follows:
Section 1102.3.1 Open Fires Prohibited. No person shall ignite, cause to be ignited,
or maintain an open fire except as permitted in Section 1102.3.
Section 1102.3.2 Certain Open Fires Permitted. An open burning permit in
accordance with Section 1101.3 may be issued for the following purposes:
1. Instruction and training of firefighting personnel.
2. Abatement of hazards that, in the opinion of the Fire Chief, cannot be
abated by other reasonable means.
605 - 1
City of Edina Fire and Explosives 605.08
3. Management of vegetation by the jurisdiction, other governmental
agencies, or other individuals that, in the opinion of the Fire chief, show a
valid need, and under the direction of the Fire Department.
4. Special events or ceremonies by recognized organizations, not conforming
to Appendix Il-K and under the direct supervision of the Fire Department.
B. The remainder of the sections shall be re-numbered 1102.3.3 through 1102.3.9
respectively.
605.03 Codes on File. One copy of each of the following, each marked "Official Copy", is on
file in the office of the Clerk and shall remain on file and available for use and examination by the
Public:
A. MUFC.
B. UFC.
605.04 Definitions.
Subd. 1 Jurisdiction. Wherever the term "jurisdiction" is used in the MUFC, it shall
mean the City.
Subd. 2 Chief. Wherever the term "chief" is used in the MUFC, it shall mean the Fire
Chief or an authorized representative.
605.05 Establishment of the Bureau of Fire Prevention. The Bureau of Fire Prevention is
continued as part of the Fire Department. It shall be operated under the supervision of the Fire
Chief. The members of the Bureau of Fire Prevention shall be the Fire Chief, an assistant chief,
and all inspectors of the Fire Department. The Fire Chief from time to time may appoint inspectors
of the Fire Department.
605.06 Enforcement; Appeals. The provisions of this Section shall be enforced by the Building
Official and the Bureau of Fire Prevention in accordance with Subsections 470.03 through 470.10
of this Code. Appeals from any order issued under this Section by the Building Official or the
Bureau of Fire Prevention shall be made in accordance with Subsections 470.03 through 470.10 of
this Code.
605.07 Permit Fee. The fee for each permit required by this Section and for each annual
renewal of a permit shall be in the amount set forth in Section 185 of this Code. Unless otherwise
noted, all permits shall expire one year from the date of issuance.
605.08 Fire Lanes.
Subd. 1 Establishment. The Bureau of Fire Prevention may establish fire lanes on
public or private property as may be necessary to comply with the MUFC and in order that
the travel of fire equipment may not be interfered with and that access to fire hydrants or
buildings may not be obstructed.
605 - 2
City of Edina Fire and Explosives 605.10
Subd. 2 Existing Fire Lane Signs. Fire lanes in existence prior to the effective date of
this Section shall be permitted to remain using existing signs so long as such signs are
maintained in good repair and condition. If the Bureau of Fire Prevention determines that
such signs are not maintained as required in this Section, it may require signing as provided
in Subd. 3 of this Subsection.
Subd. 3 New Fire Lanes and Sign Specifications. Fire lanes established after the
effective date of this Code, or existing fire lanes changed after the effective date of this
Code, shall be marked by signs, not more than 100 feet apart, bearing the words, "No
Parking, Fire Lane, By Order of the Fire Chief", with the first and last sign marking the
limits of the fire lane. The signs shall have red letters and a red border on a white
background, shall be 12 inches by 18 inches in size and shall otherwise comply with the
standards from time to time established by the Fire Chief for such signs.
Subd. 4 Maintenance of Signs. When the fire lane is on public property or public
right-of-way, the sign or signs shall be erected and maintained by the City, and when on
private property, they shall be erected by the owner at the owners expense within 30 days
after the owner has been notified of the order. After these signs are erected they shall be
maintained by the owner at the owners expense. After the signs are erected, no person
shall park a vehicle in or otherwise occupy or obstruct the fire lane.
Subd. 5 Towing Authorization. Whenever any member of the Bureau of Fire
Prevention or a police officer finds a vehicle unattended and occupying or obstructing a fire
lane, such member of the Bureau of Fire Prevention or police officer is authorized to
provide for removal and impoundment of the vehicle at the expense of the owner of the
vehicle.
Subd. 6 Violation Exemption. Violations of this subsection are exempted from the
provisions of Subsection 605.09 and instead shall be governed and enforced by Subsection
100.09 of this Code.
605.09 Violation. No person shall be convicted of violating this Section unless such person
shall have been given notice of the violation in writing and have had a reasonable time to comply.
605.10 Interpretation. In the event of a conflict between the provisions of the MUFC and UFC
as adopted by this Section, the most stringent provision shall apply. Provided, however, that no
provision of this Section shall be interpreted to exceed the provisions of the Building Code.
History: Ord 613 adopted 5-16-90; Ord 1999-9, 4-28-99
Reference: M.S. 299F, Minnesota Rules, 1991, Section 7510
Cross Reference: Sections 185, 410, Subsections 100.09, 470.03 through 470.10
605 - 3
City of Edina Land Use, Platting and Zoning 850.01
Section 850 - Zoning
850.01 Findings, Purpose and Objectives 850.09 Loading Facilities
850.02 Short Title 850.10 Landscaping and Screening
850.03 Rules of Construction, Interpretation, 850.11 Single Dwelling Unit District (R-1)
Severability, Definitions 850.12 Double Dwelling Unit District (R-2)
850.04 Administration and Procedures for Variances, 850.13 Planned Residence District (PRD, PSR)
Rezoning, Transfer to Planned Districts, 850.14 Mixed Development District (MDD)
Conditional Use Permits, Temporary 850.15 Planned Office District (POD)
Conditional Use 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 Districts 850.19 Automobile Parking District (APD)
Except as Otherwise Stated, Storage of Refuse, 850.20 Heritage Preservation Overlay District
Home Occupations, Fences, Setbacks, Building (HPD)
Coverage 850.21 Floodplain Overlay District (FD)
850.08 Parking and Circulation
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.
Encourage a more creative and imaginative approach to the development of multi-family
developments.
Provide an enjoyable living environment by preserving existing topography, vegetation,
850-1
I
City of Edina Land Use, Platting and Zoning 850.01
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streams, water bodies and other natural land and water forms.
Encourage mixed use developments which:
A. Provide housing for persons of low and moderate income.
B. Include recreational facilities and parks.
C. Harmoniously integrate residential and non-residential uses.
D. Encourage the increased use of mass transit.
E. Reduce employment-related automobile trips.
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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 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
850-2
City of Edina Land Use, Platting and Zoning 850.03
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:
A. The use of the phrase "used for" shall include the phrases "designed for,"
"intended for," "improved for," "maintained for," "offered for," and "occupied
for."
B. Words and phrases shall be construed according to rules of grammar and
according to their common and accepted usage; but technical words and phrases and
such others as have acquired a special meaning, or are defined in this Section, shall
be construed according to such special meaning or their definition.
C. References in this Section to this Section or to another Code provision, whether
or not by specific number, shall mean this Section, and the referred to Code
provision, as then amended.
850-3
City of Edina Land Use, Platting and Zoning 850.03
development area for those
l used as a boldin or open o
D. The R-1 District is also g p p
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
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given to, the wording of this Section.
Subd. 3 Definitions. The following words, terms and phrases, as used herein, have
the following meanings:
Accessory Building. A separate building or structure or a portion of a principal
building or structure used for accessory uses.
Accessory Use. A use allowed by this Section which is subordinate to the principal
use in terms of purpose, scope and extent and is located on the same lot as the
principal use.
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.
850-4
City of Edina Land Use, Platting and Zoning 850.03
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 Sexual Activities or
Specified Anatomical Areas.
Adult Conversation/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'.
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, 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 establishment 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
850-5
City of Edina Land Use, Platting and Zoning 850.03
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 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
850-6
City of Edina Land Use, Platting and Zoning 850.03
round or other arch-type roof, or to the average distance of the highest gable on a
pitched or hip roof. References in this Section to building height shall include and
mean structure height, and if the structure is other than a building, the height shall
be measured from said average proposed ground elevation to the highest point of the
structure.
Car Wash. A principal building which is equipped with a conveyor system and
other mechanical equipment and facilities for washing motor vehicles.
Car Wash - Accessory. An accessory building or part of a principal building
equipped with mechanical equipment and facilities (but not a conveyor system) for
washing motor vehicles and which is accessory to an automobile service center or
gas station. An accessory car wash shall be capable of servicing only one vehicle at
a time.
Club. A non-profit organization with bona fide members paying annual dues, which
owns, hires or leases a building, or portion, the use of which is restricted to
members and their guests.
Commission. The Planning Commission of the City.
Community Center. A building, or portion thereof, which houses public health
facilities, governmental offices and meeting rooms, social service facilities, meeting
rooms and facilities for civic and cultural organizations and groups, and publicly
sponsored recreational activities, or any combination, all of which are intended for
the use and benefit of residents of the City, and which is designated, by resolution
of the Council, as a community center.
Comprehensive Plan. Comprehensive Plan shall have the same meaning as in
Subsection 810.02 of this Code.
Conditional Use. A use which, though generally not suitable in a particular zoning
district, may, under some circumstances, and subject to conditions, be suitable in a
particular district. Conditional uses shall be allowed by this Section only pursuant to
the issuance of a conditional use permit.
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
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City of Edina Land Use, Platting and Zoning 850.03
curb elevation for purposes of this Section.
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Day. A calendar day.
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Day Care. A service providing care and supervision for part of a day for
individuals who are not residents of the principal building in which the service is
located.
Deck. A structure which is either freestanding or attached to a principal or
accessory building, constructed at grade or above grade, intended or designed for
use as outdoor living space and unenclosed by solid or non-solid walls or a roof.
Enclosures or covered areas such as gazebos, breezeways and porches which may
be integral to a deck shall be considered for setback purposes as accessory buildings
if the deck is freestanding, or as a part of the principal building if the deck is
attached to the principal building.
District. A geographic area or areas of the City sharing the same zoning
classification for which this Section establishes restrictions and requirements. A
district may be divided into subdistricts.
Drive-In. A principal or accessory use which sells or serves products or
merchandise to customers waiting in vehicles who then consume or use the product j
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.
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City of Edina Land Use, Platting and Zoning 850.03
Garage - Accessory. An accessory building or portion of a principal building which
is principally used for the storage of motor vehicles owned by the occupants of the
principal building.
Garage - Repair. A principal building used for the repair of motor vehicles or the
storage, for a fee, of motor vehicles for periods exceeding 24 hours.
Gas Station. A principal building and its accessory structures used for the sale of
motor fuels and oils, where automotive accessories and convenience goods may be
sold, but where repair and servicing of motor vehicles does not occur; provided,
however, that an accessory car wash is permitted. If repair or servicing is provided,
the use shall be classified as an automobile service center.
Gross Floor Area (GFA). The sum of the horizontal areas of all the floors of a
building as measured from (i) the exterior faces of the exterior walls; (ii) the
exterior window line of the exterior walls in the case of a building with recessed
windows, or (iii) the center line of any 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 ordinary
high water elevation of lakes, ponds and streams.
Lot - Corner. A lot at the junction of and abutting on two or more intersecting
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City of Edina Land Use, Platting and Zoning 850.03
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.
i
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 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 j
under §§501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended.
850-10
City of Edina Land Use, Platting and Zoning 850.03
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
occupancy.
Residential Occupancy. The use of a room or rooms for housekeeping purposes by
the owner of the property, or by a lessee or occupant, for periods of 30 days or
more for a rental fee, or other compensation, or pursuant to other arrangements
with the owner.
Residential Use. See Residential Occupancy.
Rest Home. See Convalescent Home.
Senior Citizen Dwelling Unit. (i) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 650 square feet, and specifically designed for
occupancy by a single individual 62 years of age or over, or two individuals, one of
whom is 62 years of age or over; (ii) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 700 square feet, and specifically designed for
occupancy by a handicapped individual; or (iii) A two bedroom dwelling unit within
an apartment building with a kitchen, bathroom, living and storage space, of not
less than 750 square feet nor more than 850 square feet, and specifically designed
850-11
City of Edina Land Use, Platting and Zoning 850.03
c a single individual 62 ears of age or over, or two individuals
for occupancy b ,
P Y Y g Y g
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 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, 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 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 covered 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
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City of Edina Land Use, Platting and Zoning 850.03
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 copulation, coitus, or masturbation; or; (iv)
Fondling or touching of nude human genitals, 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 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
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City of Edina Land Use, Platting and Zoning 850.04
the boundaries of the foundation of each building, and the area of the land lying
outside of the lots and within the subdivision is described as an outlot which is
owned by an association of owners of the lots in the townhouse plat.
Tract. One or more adjoining lots, not separated by streets, under common
ownership, located within the same zoning subdistrict, and used for an integrated
development.
Transient-Occupancy. The use of a room or rooms for sleeping, cooking or eating,
in a residential manner, for periods of less than 30 days and for a rental fee, or
other compensation, or pursuant to other arrangements with the owner, lessee or
occupant of the premises.
Yard - Front. An open, unoccupied space on the same lot as a building, which lies
between the building and the front lot line, and extends from side lot line to side lot
line.
Yard - Rear. An open, unoccupied space on the same lot as a building, which lies
between the building and the rear lot line, and extends from side lot line to side lot
line. Some accessory buildings may be placed in the rear yard.
Yard - Side. An open, unoccupied space on the same lot as a building, which lies
between the building and the side lot line, and extends from the front lot line to the
rear lot line. Some accessory buildings may be placed in the side yard.
Year. A period of 365 consecutive days.
850.04 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
six residents 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
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City of Edina Land Use, Platting and Zoning 850.04
then longest continuous service on the Commission shall be the Chair for that
meeting. The Board shall adopt such bylaws as shall be necessary or desirable for
conduct of its business. Staff services shall be provided by the Planning
Department. Board members who discontinue legal residency in the City shall be
automatically removed from office effective as of the date of such discontinuance.
Vacancies shall be filled pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the power and duty of
hearing and deciding, subject to appeal to the Council, the following matters:
1. Requests for variances from the literal provisions of this Section.
2. Appeals in which it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative officer in
the interpretation or enforcement of this Section; and
3. Requests for variances from the literal provisions of Section 1046 of this
Code.
4. Requests for modifications form the requirements of Section 815 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
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City of Edina Land Use, Platting and Zoning 850.04
an administrative decision, the Board shall conduct a public hearing and after
hearing the oral and written views of all interested persons, the Board shall
make its decision at the same meeting or at a specified future meeting.
2. Notice of variance hearings shall be mailed not less than ten days before
the date of the hearing to the person who filed the petition for variance and to
each owner of property situated wholly or partially within 200 feet of the
property to which the variance relates insofar as the names and addresses of
such owners can be reasonably determined by the Clerk from records
maintained by the Assessor.
3. A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten days before the
hearing. A notice shall also be mailed to the appellant.
4. No new notice need be given for any hearing which is continued by the
Board to a specified future date.
F. Findings For Variances. The Board shall not grant a petition for a variance
unless it finds that the strict enforcement of this Section would cause undue hardship
because of circumstances unique to the petitioner's property 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:
i
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;
i
d. any person who deems to be aggrieved by the Board's decision on
the appeal of an administrative decision; and
850-16
City of Edina Land Use, Platting and Zoning 850.04
e. any administrative officer of the City.
1. 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 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
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City of Edina Land Use, Platting and Zoning 850.04
reasonable expectation that the variance will be used during the extension, that
speculation will thereby not be fostered, and that the facts and circumstances
under which the original variance was granted are not materially changed.
Subd. 2 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner of land proposed for
transfer to another district or subdistrict, the Council or the Commission.
2. A petition by an owner shall be on forms provided by the Planner, shall be
submitted with plans, data and information required by this Section, and such
other information that the Planner believes necessary for evaluation of the
petition. The petition shall be accompanied by the fee set forth in Section 185
of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at least one
sign per street frontage on the land described in the petition. The sign or signs shall
be of a design approved by the Planner, shall be 36 inches by 60 inches in size,
shall have letters at least four inches high using Helvetica medium typeface or other
letter style approved by the Planner, shall be constructed of sturdy material, shall be
neatly lettered, and shall be easily viewable from, and readable by persons on, the
adjoining street. The sign or signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
Telephone No. 927-8861"
The petition shall not be deemed filed and the Commission shall not be required to hold
any hearings on the petition until the sign has been erected as required and for at least ten
days preceding the hearing. The sign shall be kept in good repair and shall be maintained
in place until a final decision on the petition has been made by the Council, and shall be
removed by the petitioner within five days after the final decision. The failure of any
petitioner to comply fully with the provisions of this paragraph relating to the sign shall
not prevent the Commission and Council from acting on the petition nor invalidate any
rezoning granted by the Council. If the signs are not kept in good repair or removed as
required, then the signs shall be deemed a nuisance and may be abated by the City by
proceedings under M.S. 429, or any other then applicable provisions of this Code or State
Law, and the cost of abatement, including administrative expenses and attorneys' fees,
may be levied as a special assessment against the property upon which the sign is located. j
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned
850-18
City of Edina Land Use, Platting and Zoning 850.04
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 of the Planner and send its
recommendation to the Council.
3. Council Hearings and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition and Preliminary Development Plan. The hearing
shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall
be published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 500 feet of the tract to which the petition relates insofar as the
850-19
City of Edina Land Use, Platting and Zoning 850.04
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
ill
required information and data delineated on the Preliminary Development Plan
and, in addition, the following data and information:
a. exact location and elevation drawings of all existing and proposed
structures on the tract including a description of existing and proposed
exterior building materials;
b. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a general overall grading plan indicating final grades and the
direction and destination of surface drainage;
e. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements; and
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
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City of Edina Land Use, Platting and Zoning 850.04
Plan shall be in form and substance acceptable to the Planner. The
Commission shall review the Final Development Plan within 45 days of its
submission and shall recommend approval by the Council upon finding that the
proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the
Final Development Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Final Rezoning. Within 60 days after the
recommendation on the Final Development Plan by the Commission, the
Council shall conduct a public hearing on the Final Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Final Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council. Approval
may be made subject to modifications and conditions which, together with the
Council's modifications and conditions at the time of preliminary rezoning
approval and not done and fulfilled by the Final Development Plan, must be
fulfilled and met, to the satisfaction of the 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.
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City of Edina Land Use, Platting and Zoning 850.04
i
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 j
modified by, and with the conditions made by, the Council, and other
applicable provisions of this Code.
10. Changes to Approved Final Development Plan. Minor changes in the
location and placement of buildings or other improvements due to unforeseen
circumstances may be authorized by the Planner. Proposed changes to the
approved Final Development Plan affecting structural types, building
coverage, mass, intensity or height, allocation of open space and all other
changes which affect the overall design of the property shall be acted on,
reviewed and processed by the Commission and Council in the same manner
as they reviewed and processed the Final Development Plan, except that a
three-fifths favorable vote of the Council shall be required to authorize the
proposed change.
A. 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
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City of Edina Land Use, Platting and Zoning 850.04
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.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition and Preliminary Development Plan. The hearing
shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall
be published in the 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
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City of Edina Land Use, Platting and Zoning 850.04
appropriate.
4. Overall Development Plan. Multiple phase developments shall be subject
to Overall Development Plan review and action and also to Final Site Plan
review and action in separate proceedings as provided. Single phase
developments shall be subject to Overall Development Plan and Final Site Plan
review and action in one proceeding. All information required in Overall
Development Plan review and action and for Final Site Plan review and action
shall be included and provided with action for Overall Development Plan
review. The Overall Development Plan shall include all required information
and data delineated on the Preliminary Development Plan and, in addition, the
following data and information:
i
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;
d. a general overall grading plan indicating grades and the direction
and destination of surface drainage;
e. location of all existing, and the schematic design of all proposed,
watermains, sanitary sewers, drainage facilities and storm sewers;
f. a phasing plan identifying the public and private elements and
components of each phase and approximate timing of each phase; and
g. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with the requirements of this Section and
other applicable provisions of this Code.
5. Commission Review of Overall Development Plan. Within 45 days after
submission of the Overall Development Plan in form and substance acceptable
to the Planner, the Commission shall review the Overall Development Plan
and shall recommend approval by the Council upon finding that the proposed
development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and containing the conditions imposed by
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City of Edina Land Use, Platting and Zoning 850.04
the Council to the extent such conditions can be complied with by the
Overall Development Plan;
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
The Commission's recommendation of approval shall be deemed to include a
favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Overall Rezoning. Within 60 days after the
recommendation on the Overall Development Plan by the Commission, the
Council shall conduct a public hearing on the Overall Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Overall Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council. Approval
may be made subject to modifications and conditions which, together with the
Council's modifications and conditions at the time of preliminary rezoning
approval and not done and fulfilled by the Overall Development Plan, must be
fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective.
Approval of the Overall Development Plan shall also constitute final rezoning
of the tract included in the plans. The publication of the amendment effecting
the zoning change shall thereby be authorized, but no final rezoning or
publication shall be effective or done until the modifications and conditions, if
any, made by the Council have been met and fulfilled to the satisfaction of the
Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as Final Site Plan approval or Overall Rezoning
approval.
8. Filing. The approved Overall Development Plan and approved Final Site
Plan shall be filed in the Planning Department.
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City of Edina Land Use, Platting and Zoning 850.04
i
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.
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
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City of Edina Land Use, Platting and Zoning 850.04
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. 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
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City of Edina Land Use, Platting and Zoning 850.04
final rezoning approval. Final rezoning approval shall include authorization to
publish the amendment effecting the zoning change. Approval may be made
subject to modifications and conditions which must be fulfilled and met, to the
satisfaction of the Planner, before the final approval becomes effective and
before the amendment is published.
F. One Year Limitation on Preliminary Rezoning Approval. Any petition which
has not been granted final rezoning approval by the Council within one year after
the date it received preliminary approval, shall be deemed rejected by the Council
and the petition must again be filed, processed and approved pursuant to this
Section as if it were a new petition.
G. Restriction on Rezoning After Denial of Petition. After the Council has denied a
petition for rezoning, the owner of the tract to which the petition related may not
file a new petition for a period of one year following the date of such denial for
transferring the same tract, or any part, to the same district or subdistrict (if the
district has been divided into subdistricts) to which such transfer was previously
denied. Provided, however, that such petition may be filed if so directed by the
Council on a three-fifths favorable vote of all members of the Council after
presentation to the Council of evidence of a change of facts or circumstances
affecting the tract.
H. Lapse of Rezoning by Non-User. If a building permit (if one is required) has not
been obtained, and if the erection or alteration of a building, as described in the
petition, has not begun, within two years after final rezoning approval of the tract
by the Council, then the Commission, at any time and until the building permit is
obtained and the erection or alteration begun, may review the zoning classification
of the tract to determine if it continues to conform with the Comprehensive Plan.
Based upon the review, the Commission may recommend to the Council that the
final rezoning approval of the tract as previously granted be rescinded and become
null and void, or that the tract be transferred to a different zoning district. The
recommendation of the Commission shall be presented to the Council for hearing
and decision, and notice shall be given in the same manner as is then required for an
original petition for rezoning as provided by this Section. The Council may accept
or reject the recommendation of the Commission and rescind the previously granted
final rezoning approval, transfer the tract to a different zoning district, or reaffirm
the final rezoning approval previously granted.
Subd. 3 Transfer to Planned Districts.
A. Improved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
improved with a building or buildings, shall not be required to comply with the
provisions of Subsection 850.04 relative to a transfer of that lot to the planned
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City of Edina Land Use, Platting and Zoning 850.04
district; provided that:
1. No new buildings shall be constructed on the lot which result in an
increase in gross floor area of all buildings on the lot by more than ten
percent;
2. No building existing on the lot as of March 7, 1984, shall be added to or
enlarged in gross floor area by more than ten percent;
3. No dwelling units shall be added; and
4. No such existing building, if damaged or destroyed by fire, wind,
earthquake, explosion or other casualty, shall be restored or repaired if the
cost of restoration or repair exceeds one-half of the fair market value of the
entire building on the date immediately prior to the date of such casualty (as
such cost and fair market value are determined by the Assessor, or other
person selected by the Manager); unless, in each case of 1., 2., 3., and 4.
above, the then owner or owners of the lot shall comply with and complete the
process for Final Development Plan approval established by Subparagraphs 4
through 10 of paragraph C. of Subd. 2 of this Subsection 850.04 and shall
conform to and comply with all other provisions of this Section; provided that
only three-fifths favorable vote of the Council shall be required to grant Final
Development Plan approval. The requirements of this paragraph are in
addition to those in Subd. 20 of Subsection 850.07 relating to non-conforming
uses, buildings and lots.
B. Unimproved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
not improved with a building or buildings shall be required, notwithstanding the
transfer to such district by this Section, in connection with any improvement of the
lot, to comply with and complete the process for Final Development Plan approval
established by subparagraphs 4 through 10 of paragraph C. of Subd. 2 of this
Subsection 850.04, and shall conform to and comply with all other provisions of
this Section, provided that only 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.
An application for a conditional use permit may be initiated by the owner or
owners of the lot or building in question.
1. The application shall be on forms provided by the Planner and shall be
850-29
City of Edina Land Use, Platting and Zoning 850.04
submitted with required plans, data and information, and such other
information as, in the opinion of the Planner, is necessary for evaluation of the
application. The application shall be accompanied by the fee set forth in
Section 185 of this Code.
B. Sign. All provisions and requirements in this Subsection relating to erection of a
sign in connection with a rezoning of property shall apply to the applicant for a
conditional use permit, and the applicant shall comply with all such provisions and
requirements, except that the sign shall state that a conditional use permit is
proposed for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or accessory
use that requires the construction of a new building or accessory use facilities,
or additions or enlargements to an existing building or accessory use facilities,
the application shall be drawn to a scale acceptable to the Planner, and be
accompanied by plans containing the following data and information:
a. elevation drawings of all new buildings or accessory use facilities,
or additions and enlargements to existing buildings or accessory use
facilities, including a description of existing and proposed exterior
building materials;
b. the location, dimensions and other pertinent information as to all
proposed and existing buildings, structures and other improvements,
streets, alleys, driveways, parking areas, loading areas and sidewalks;
c. a landscape plan and schedule in accordance with Subsection
850.10;
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;
i
850-30
City of Edina Land Use, Platting and Zoning 850.04
b. the location, dimensions and other pertinent information as to all
buildings, structures, streets, alleys, driveways, parking areas, loading
areas, sidewalks and landscaping; and
c. any other information required, in the opinion of the Planner, to
evaluate the application, determine consistency, with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
D. Commission Review and Recommendation. Within 45 days after receipt by the
Planner of the application, fee and all other information required, in form and
substance acceptable to the Planner, the Planner shall review the application and
other information provided by the applicant and forward a report to the
Commission. The Commission shall review the report of the Planner and send its
recommendation to the Council.
E. City Council Hearing and Decision. Upon request of the Planner, Manager or
applicant, and after review and recommendation by the Commission, the Council
shall conduct a public hearing regarding the application. The hearing shall be held
not later than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of the
tract to which the application relates insofar as the names and addresses of such
owners can reasonably be 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
850-31
I
City of Edina Land Use, Platting and Zoning 850.04
i
facilities;
the applicable restrictions and special conditions of the district
6. Conforms to
PP
in which it is located as imposed by this Section; and
7. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of all
members of the Council. A favorable vote by the Council shall be deemed to
include a favorable finding on each of the foregoing matters even if not specifically
set out in the approval resolution or the minutes of the Council meeting.
F. Conditions and Restrictions. The Commission may recommend that the Council
impose, and the Council with or without such recommendation may impose,
conditions and restrictions upon the establishment, location, construction,
maintenance, operation or duration of the use as deemed necessary for the
protection of the public interest and adjacent properties, to ensure compliance with
the requirements of this Section and other applicable provisions of this Code, and
to ensure consistency with the Comprehensive Plan. The Council may require such
evidence and guarantees as it may deem necessary to secure compliance with any
conditions imposed. No use shall be established or maintained, and no building or
other permit for establishing or maintaining such use shall be granted, until the
applicant has met and fulfilled all conditions imposed by the Council to the
satisfaction of the Planner.
G. Expansions of Conditional Uses. No use allowed by conditional use permit, or
any building or structure accessory thereto, shall be increased in gross floor area or
height, nor shall any off-street parking facilities accessory to the building or
structure be enlarged in surface area to accommodate additional automobiles,
without first obtaining, in each instance, a conditional use permit.
H. Restriction on Resubmission After Denial. No application for a conditional use
permit which has been denied by the Council shall be resubmitted for a period of
one year following the date of the denial by the Council. Provided, however, that
the application may be resubmitted if so directed by the Council on a three-fifths
favorable vote of all members of the Council after presentation to the Council of
evidence of a change of facts or circumstances affecting the proposed use or tract on j
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.
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City of Edina Land Use, Platting and Zoning 850.04
2. A petition for extension shall be in writing and filed with the Clerk within
two years from the granting of the conditional use permit. The petition for
extension shall state facts showing a good faith attempt to use the conditional
use permit and shall state the additional time requested to begin the use. The
petition shall be presented to the Council for hearing and decision in the same
manner as then required for an original application. The Council may grant an
extension of the conditional use permit for up to one year upon finding that:
a. a good faith attempt to use the conditional use permit has been
made,
b. there is a reasonable expectation that the conditional use permit
will be used during the extension, and
c. the facts which were the basis for the findings under which the
original conditional use permit was granted have not materially
changed. No more than one extension shall be granted. For purposes
of this paragraph, a use shall be deemed 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.
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City of Edina Land Use, Platting and Zoning 850.04
B. Conditional Use Provisions Apply. All the provisions of paragraphs D. and H.
of Subd. 4 of this Subsection 850.04 relative to the issuance of conditional use
permits shall apply to temporary conditional use permits issued pursuant to this
Subdivision, except as specifically changed by this Subdivision.
C. Application and Notice.
1. An application for a temporary conditional use permit may be initiated by
the occupant of the residence from which the home occupation is to be
conducted, whether such occupant is an owner or a lessee of the residence.
The application shall be accompanied by the fee set forth in Section 185 of this
Code.
2. The application for a temporary conditional use permit shall also be
accompanied by the following additional information:
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;
i
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.
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City of Edina Land Use, Platting and Zoning 850.04
1. In order to grant a temporary conditional use permit, the Council must
make the same findings as set forth in paragraph E. of Subd.4 of this
Subsection 850.04.
2. In order to grant a temporary conditional use permit, the Council must also
find that the proposed home occupation complies with the conditions of
paragraph A. of Subd. 4 of Subsection 850.07, provided, however, that:
a. the Council may grant a variance of any condition in paragraph A.
of Subd. 4 of Subsection 850.07, if deemed necessary by the Council
to permit the applicant to properly operate and conduct the proposed
home occupation and if the Council finds that such use will not negate
or violate any of the findings to be made pursuant to paragraph E. of
Subd. 4 of this Subsection 850.04; and
b. the maximum number of automobile trips to the dwelling unit of
the applicant by individuals other than its residents generated as a
result of such home occupation may be increased by the Council from
ten per week to a maximum of twenty per week in connection with the
granting of the permit.
3. Any permit granted pursuant to this Subdivision 850.04 shall remain in
effect, if not earlier terminated under other provisions of this Section, only so
long as the following conditions are observed and complied with:
a. that the applicant occupy the dwelling unit described in the permit,
and then only so long as such applicant is physically unable to be
employed full time outside of the applicant's residence;
b. that the findings made by the Council as set forth in paragraph E.
of Subd. 4 of this Subsection 850.04 continue without change or
violation; and
c. that the conditions of paragraph A. of Subd. 4 of Subsection
850.07, as varied by variances granted by the Council, are not
violated.
E. Duration and Review of Permits.
1. Each permit issued pursuant to this Subdivision shall remain in effect only
so long as the conditions set out in subparagraph 3. of paragraph D. of this
Subd. 5 are observed and not violated.
2. The Council shall review each permit issued pursuant to this Subd. 5 on
the first anniversary of the effective date of the permit and on each second
anniversary (i.e., every other year) of the effective date of the permit to
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City of Edina Land Use, Platting and Zoning 850.04
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 j
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
i
to the City pursuant to this Section shall not be deemed filed or submitted, and the
City shall have no duty to process it, to act on it or respond to it, unless and until
there is paid to the City the applicable fee for such petition or application, as then
required by Section 185 of this Code. This paragraph shall not apply to petitions or
applications filed or submitted by the Council, the Commission or any City official
in its official capacity.
B. Administrative Expenses and Attorneys' Fees. Each petitioner and applicant, by
filing or submitting a petition or application, shall have agreed to pay all
administrative expenses and attorneys' fees, with interest and costs as provided,
incurred by the City in connection with or as a result of reviewing and acting on
such petition or application. If more than one person signs a petition or application,
all such signers shall be jointly and severally liable for such expenses and fees, with
interest and costs as provided. The expenses and fees to be paid to the City
pursuant to this paragraph shall be payable upon demand made by the City, and if
not paid within five days after such demand, shall bear interest from the date of
demand until paid at a rate equal to the lesser of the highest interest rate allowed by
law or two percentage points in excess of the reference rate. The petitioners and
applicants shall also pay all costs, including attorneys' fees, incurred by the City in
collecting the expenses, fees and interest, with interest on the costs of collection
from the dates incurred until paid, at the same interest rate as is payable on the
expenses and fees. For purposes of this paragraph, reference rate shall mean the
rate publicly announced from time to time by First Edina National Bank, or any
successor, as its reference rate, and if the bank, or its successor, ceases publicly
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City of Edina Land Use, Platting and Zoning 850.04
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 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.
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City of Edina Land Use, Platting and Zoning 850.06
II
2. If the violation is not removed within the stated period, the Manager or
Planner shall submit a report on the matter to the Council and request a
hearing.
3. The Council, upon receipt of the report, shall set a hearing date, and notice
shall be given to the owner and occupant at least ten days prior to the hearing.
4. After receiving the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date.
5. If the hearing is continued to a specified future date, no new notice need be
given. If such permit is revoked by the Council, all use, activity and rights
allowed by and attributable to such permit shall immediately cease.
850.05 Districts. For the purposes of this Section, the City shall be divided into the following
zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District (PRD and PSR)
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
850.06 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.
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City of Edina Land Use, Platting and Zoning 850.07
The Official Zoning Map shall be on file in the office of the Planning Department and shall be
open to public inspection during normal business hours of the City. The boundaries of the
Floodplain Overlay District shall be as shown on the Official Floodplain Zoning Map described
and identified in Subsection 850.21, as such map is to be interpreted and used as provided in
Subsection 850.21.
850.07 General Requirements Applicable to all Districts Except as Otherwise Stated.
Subd. 1 General. No building or structure shall be erected, constructed or placed on
any property in the City, and no building or structure or property in the City shall be used
for any purpose, unless in full compliance with the restrictions and requirements of this
Section and other applicable provisions of this Code.
Subd. 2 Storage of Refuse.
A. All Properties Except Single Dwelling Unit and Double Dwelling Unit
Buildings. All refuse, as defined in Section 705 of this Code, or similar material
shall be kept within closed containers designed for such purpose. The containers
shall not be located in the front yard and shall be completely screened from view
from all lot lines and streets.
B. All Non-Residential Properties Within the 50th and France Commercial District.
No non-residential building within the 50th and France Planned Commercial
District shall be (i) added to or enlarged in any manner; or (ii) subjected to an
alteration whereby the use of any portion of a building is converted to a restaurant
without first providing sufficient areas for the storage of refuse and servicing of
refuse containers. Areas for the storage of refuse and servicing of refuse containers
which existed as of the effective date of this Code shall not be eliminated or reduced
in size.
C. Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as
defined in Section 705 of this Code, or similar materials shall be kept within closed
containers designed for such purpose. Such containers shall not be located in the
front yard and shall not be visible 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.
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:
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City of Edina Land Use, Platting and Zoning 850.07
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:
I
1. Dressmakers, tailors and seamstresses.
2. In single dwelling unit and double dwelling unit buildings only, music and
dance teachers providing instruction to not more than five individuals at a
time.
3. Artists, sculptors and authors.
4. Insurance agents, brokers, architects and similar professionals who
typically conduct client meetings outside of the dwelling unit.
5. Ministers, rabbis and priests.
6. Photographers providing service to one customer at a time.
i
7. Salespersons, provided that no stock in trade is maintained on the lot or in
the building or structure on the lot.
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City of Edina Land Use, Platting and Zoning 850.07
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. Commercial kennels as defined by Subsection 300.01 of the City Code
8. Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies.
9. Commercial food preparation or catering.
10. Automobile and equipment sales.
11. Landscaping and lawn maintenance service where landscaping materials
and equipment are stored or parked on the premises.
D. Permitted customary home occupations by residents who are physically unable
to be employed full time outside their residence may be allowed as a temporary
conditional use, with variances from the conditions of paragraph A. of Subd. 4 of
this Subsection 850.07, pursuant to the provisions of Subd. 5 of Subsection 850.04.
Subd. 5 Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District and
R-2 District shall conform to the following:
A. Fences exceeding four feet in height shall not be erected within a required front
street setback or side street setback, pursuant to the provisions of paragraph 2. of
Subd. 7 of Subsection 850.11.
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City of Edina Land Use, Platting and Zoning 850.07
i
B. No fence shall exceed eight feet in height.
C. Fences shall be installed with the finished side facing neighboring properties.
D. No fence shall be installed so as to obstruct a required clear view at street
intersections as required by Section 1405 of this Code.
Subd. 6 Exceptions to Setback Requirements. The following shall not be considered
as encroachments into required setbacks:
A. Overhanging eaves not supported by posts or pillars, and bay windows not
extending to the floor, which do not project more than three feet into the required
setback and which are not within three feet of a lot line.
B. Sidewalks and driveways, but not patios.
C. Fences which do not exceed the height limitations imposed by this Subsection
850.07.
D. Awnings and canopies attached to the principal building and not supported by
posts or pillars, which do not project more than three feet into the required setback
and which are not within three feet of a lot line.
E. Flagpoles, light poles and fixtures.
F. Clotheslines and outdoor fireplaces in the rear yard only.
G. Bus shelters which have been approved by the Engineer.
H. Unenclosed steps or stoops not exceeding 50 square feet in area.
I. Fireplaces projecting not more than two feet into the required setback and not
exceeding ten square feet in horizontal area.
J. Underground storage tanks, conduits and utilities.
K. Portions of principal and accessory buildings or structures which are located
completely underground, which are not visible from the surface of the ground and
which do not encroach more than one-half of the distance into that part of the
required setback nearest the principal or accessory building.
L. Trees, shrubs and other vegetation.
M. Retaining walls.
N. Freestanding basketball posts, backboards and goals adjacent to a driveway.
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City of Edina Land Use, Platting and Zoning 850.07
Subd. 7 Drainage. Surface water runoff shall be properly channeled into storm sewers,
watercourses, ponding areas or other public facilities. All provisions for drainage,
including storm sewers, sheet drainage and swales, shall be reviewed and approved by the
Engineer prior to construction or installation.
Subd. 8 Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building containing three
or more dwelling units shall not be issued unless the applicant's building plans, including
the site plan, are certified by an architect registered in the State. The certification shall
state that the design of the building and site has been prepared under the direct supervision
of the architect.
Subd. 9 Building Coverage Computations; Exclusions and Inclusions.
A. The following structures and improvements shall be excluded when computing
building coverage:
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
3. Accessory recreational facilities not enclosed by solid walls and not
covered by a roof, including outdoor swimming pools, tennis courts and
shuffleboard courts; but facilities which are constructed above grade, such as
paddle tennis courts, shall be included when computing building coverage.
4. Unenclosed and uncovered steps and stoops less than 50 square feet.
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
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City of Edina Land Use, Platting and Zoning 850.07
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 foot-candles measured at property lines abutting property zoned
residential and ten foot-candles measured at property lines abutting streets or property
zoned non-residential. No light source, lamp or luminaire shall be directed beyond the
boundaries of the lighted or illuminated premises.
Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage
on at least one street other than alleys or limited access roadways to which private access
is prohibited. Private easements shall not be considered as frontage for purposes of this
Subdivision. Notwithstanding the requirements of this subdivision, lots in a townhouse
plat need not front on a street provided that the townhouse plat of which the lot is a part
has at least 30 feet of frontage on at least one street.
Subd. 12 Certain Sales Prohibited.
A. Except as provided in Section 1310 of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B. No property used for residential purposes shall be used for garage sales, estate
sales or others sales of personal property for more than one period of 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
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City of Edina Land Use, Platting and Zoning 850.07
circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required by
this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A. of
Subd. 14 above, if the drive-through bay is equipped with a facility for
placing an order which is separated from the location at which the product
or merchandise is received by the customer, not less than three of the
required stacking spaces shall be provided at the ordering point.
C. Minimum Size of Stacking Space. The minimum size of each stacking space
shall be nine feet wide by 18 feet deep.
D. Accessory Canopies and Mechanical Equipment. All canopies and equipment
appurtenant to a drive-through facility shall provide the same setbacks as are
required for principal buildings.
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays.
Subd. 15 District Limits. For purposes of calculating the minimum site area, floor
area ratio, building coverage, setbacks and all other requirements of this Section, a district
or subdistrict shall be deemed not to extend beyond the right-of-way lines of adjacent
streets, alleys or highways which were dedicated, conveyed or acquired prior to the
transfer of land to that district or subdistrict. Districts which are separated by public
streets or highways shall be deemed to be separate and independent districts and all
requirements and restrictions contained in this Section must be met separately and
independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary
or portable building or structure, including, without limitation, any shed, tent or
shelter, which is not permanently attached to the ground shall be placed or stored
within the required front street or side street setback for the principal building and
shall maintain an interior side yard and rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double
Dwelling Unit Lots. No temporary or portable building or structure, including,
without limitation, any shed, tent or shelter, which is not permanently attached to
the ground shall be placed or stored upon a lot except as accessory to, and during
the construction of, permanent buildings or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished products,
motor vehicles, trailers and all equipment shall be stored within a completely enclosed
850-45
City of Edina Land Use, Platting and Zoning 850.07
A
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.
C. Outdoor storage or displays may take place on lots in the Planned Commercial
District in accordance with Subd. 11 of Subsection 850.16.
Subd. 18 Setbacks from Naturally Occurring Lakes, Ponds and Streams.
Notwithstanding any other requirements of this Section or other provisions of this Code, in
cases where a portion of a lot or tract is located below the ordinary high water elevation of
a naturally occurring lake, pond or stream, the shoreline created 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 j
building, shall not be added to or enlarged, in any manner, or
subjected to an alteration involving 50 percent or more of the gross
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City of Edina Land Use, Platting and Zoning 850.07
floor area of the building, or 50 percent or more of the exterior wall
area of the building, unless such non-conforming building, including
all additions, alterations and enlargements, shall conform to all of
the restrictions of the district in which it is located. The percentage
of the gross floor area or exterior wall area subjected to an alteration
shall be the aggregate percentage for any consecutive three-year
period.
b. a non-conforming single dwelling unit building shall not be
added to or enlarged in any manner, or subjected to an alteration to
convert accessory buildings or portions thereof into living area,
unless all such additions, enlargements and alterations shall conform
to the setback and height restrictions of the district in which it is
located, and unless such non-conforming single dwelling unit
building, including all such additions, enlargements and alterations
shall conform to the building coverage restriction of the district in
which it is located.
2. Repairs, Maintenance and Remodeling. Non-conforming buildings may
be repaired, maintained and internally remodeled to an extent and in a
manner which does not violate the provisions of the preceding subparagraph
1.
3. Restoration. A non-conforming building, or a building all or
substantially all of which is used for a non-conforming use, which is
destroyed or damaged by fire, wind, earthquake, explosion or other
casualty, to the extent that the cost of restoration exceeds one-half of the
fair market value of the entire building on the date immediately prior to the
date of the casualty, shall not be restored unless the building, and the use,
shall conform to all of the restrictions of the district in which it is located. If
the cost of restoration is less than one-half of the fair market value of the
entire building on the date immediately prior to the date of the casualty,
then the building may be restored without so conforming; but if such
restoration is not begun within two years from the date of the casualty or is
not diligently prosecuted to completion, then the building shall not be
restored unless the building, and the use, conforms to all of the restrictions
of the district in which it is located. The Assessor, or other person selected
by the Manager, shall determine such cost of restoration and such fair
market value.
C. Non-Conforming Lots. A non-conforming lot in the R-1 District used or
intended for a single dwelling unit building shall be exempt from the width, depth,
area and lot width to perimeter ratio requirements of this Section, provided, that
the lot:
1. Is not less than 50 feet in width;
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City of Edina Land Use, Platting and Zoning 850.07
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:
parcel is or at an
a. if anon-conforming lot or pa y 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 j
more adjoining or abutting lots or parcels owned or controlled by
the same person, any single lot or parcel does not meet the full
minimum depth, width, area or lot width to perimeter ratio
requirements of this Section, such single lot or parcel shall not be
considered as a separate lot or parcel able to be conveyed and
developed under this Code.
Subd. 21 Relocation of Buildings and Structures. No building or structure shall be
moved, in whole or in part, into or within the City, unless every portion of such building
and structure, and its use, conforms to all of the restrictions of the district in which it is to
be located. The moving or relocation of a building or structure
shall be undertaken and done only in accordance with applicable provisions of Section 410
of this Code and State Law.
Subd. 22 Signs. Signs erected in accordance with Section 460 of this Code shall be a
permitted accessory use in all districts.
Subd. 23 Utility Buildings and Structures.
A. Utility Buildings and Structures Owned by the City. Utility buildings and
structures owned by the City and used for rendering service to all or any part of the
City (but excluding warehouses, maintenance buildings and storage yards) shall be
a permitted principal or accessory use in all districts.
B. Other Utility Buildings and Structures. Utility buildings and structures owned
850-48
City of Edina Land Use, Platting and Zoning 850.08
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.
B. Apartment Buildings in the PRD District.
1. 1.25 fully enclosed spaces and 0.75 exposed spaces per dwelling unit.
2. The required number of exposed spaces may be reduced to not less than
0.5 spaces per dwelling unit if the number of enclosed spaces is increased
by a like amount so that the total number of exposed and enclosed spaces
equals not less than two per dwelling unit.
C. Senior Citizen Dwelling Unit Buildings in the PSR-4 and PSR-5 Subdistricts.
1. 0.5 exposed spaces and 0.25 enclosed spaces per senior citizen dwelling
unit.
2. In addition to subparagraph 1, the following spaces are required:
a. one completely enclosed and one exposed space for each
non-senior citizen dwelling unit located in a building in the Planned
Senior Residence District;
b. one completely enclosed space per vehicle owned by the
building's management and stored on the property; and
c. one exposed space for each employee who is not a resident of the
building.
D. Nursing, Convalescent and Rest Homes. One space for every four patients or
residents based on the maximum capacity of the building, plus one space per
employee on the major shift, plus one space per vehicle owned by the building's
management.
E. Day Care, Nurseries and Preschools (Principal Use). One space per teacher or
employee, plus one space per 20 individuals (or major fraction) receiving care.
850-49
City of Edina Land Use, Platting and Zoning 850.08
F. Public or Private Senior High Schools and Seminaries. One space per
classroomP P lus one ace 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
i
the largest place of assembly, whichever is greater.
H. Community Centers. Spaces equal in number to one-third the maximum seating
capacity of the largest place of assembly, or one space for each 200 square feet of
gross floor area, whichever is greater.
I. Churches and Other Religious Institutions. Spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, plus spaces for
other church facilities which are used concurrently with the largest place of
assembly, the number of which shall be determined by the Council in connection
with the granting of a conditional use permit.
J. Theaters (Except Within Shopping Centers), Stadiums, Auditoriums, Arenas,
Lodge Halls, Mortuaries and Club Houses. Spaces equal in number to one-third the
maximum seating capacity, plus one space for each employee on the major shift.
K. Governmental Administration, Public Service, Post Office. The greater of:
1. One space per employee on the major shift, plus one space per
government-owned vehicle, plus ten visitor spaces; or
2. One space for each 200 square feet of gross floor area.
L. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square feet of
gross floor area.
M. Medical or Dental Offices, Clinics and Animal Hospitals. One space for each
200 square feet of gross floor area, plus one space per physician, dentist or
veterinarian.
N. Hospitals. One space per bed, plus one space per employee or volunteer on the
major shift.
O. Athletic, Health, and Weight Reduction Facilities.
1. Six spaces per court for handball, racquetball and tennis courts.
2. 2. One space per 200 square feet of gross floor area for all other uses.
850-50
City of Edina Land Use, Platting and Zoning 850.08
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) + 1951
Over 220,000 sq. ft. GFA/250
W. Mixed Development District.
1. Residential: one enclosed space, plus 0.75 exposed space, per dwelling
unit.
2. Non-Residential (excluding publicly owned facilities and uses accessory
to residential uses):
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
850-51
City of Edina Land Use, Platting and Zoning 850.08
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. l
4. P
square Ones ace for each 500 s feet of space containing machines and
P q
equipment for conducting scientific research, testing or experimentation.
5. One space for each 200 square feet of facilities for athletic, health and
weight reduction purposes; six spaces per court for handball, racquetball or
tennis.
Y. Automobile and Boat Sales - New or Used. One space per 250 square feet of
gross floor area, including show rooms, sales space and offices, but excluding
service areas, plus three spaces for each service bay. Required parking spaces shall
not be used for the storage or display of vehicles, boats or other products.
Z. Furniture and Major Appliance Sales.
1. Over 2,500 square feet of gross floor area: one space per 400 square
feet of gross floor area.
2. Under 2,500 square feet of gross floor area: one space per 200 square
feet of gross floor area.
AA.Hotels and Motels. One space per guest unit, plus one space for each employee
on the major shift.
BB.Uses Allowed in the Planned Commercial Districts Except Uses For Which a
Parking Quantity is Otherwise Specified.
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
850-52
City of Edina Land Use, Platting and Zoning 850.08
square feet in excess of 15,000 square feet.
For the purpose of determining parking requirements in places of assembly where persons
occupy benches, pews and similar seating facilities, each 22 inches of the seating facilities
shall be counted as one seat.
Subd. 2 Use of Public Parking to Meet Off-Street Parking Requirements.
A. Any principal use on property located within a redevelopment project approved
by the Council pursuant to M.S. 462, or M.S. 469.001 to 469.047 which principal
use was in existence on the date the project was approved, and which project
provides for public parking to serve the project area, may be reconstructed, or a
new principal use constructed, on the same property without providing off-street
parking additional to that provided for public parking. Provided, that the
reconstructed or new principal use does not contain more gross floor area than the
prior principal use, and is for uses which do not increase the number of required
off-street parking spaces beyond those required for the uses in the prior principal
use.
B. If any increase in the size, or changes in the uses, of such an existing principal
use is made beyond the size or for other than the uses above allowed, then
additional off-street parking spaces shall be provided, pursuant to this Section, but
only for the additional spaces resulting from the increase in size or changes in uses.
Subd. 3 Location.
A. Non-Residential Principal Uses. The required number of off-street parking
spaces shall be located on the same lot as the principal use or on an adjacent lot
under the control of the owner of the principal use. For purposes hereof, "control"
may be derived from ownership, or by a lease or easement continuing for a period
of not less than 25 years. The required parking spaces shall not be separated from
the principal use building by a street. Seventy-five percent of all required spaces
shall be located within 500 feet of the entrances to the principal use building and
100 percent shall be within 1,000 feet.
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.
850-53
City of Edina Land Use, Platting and Zoning 850.08
Subd. 5 Design and Construction.
A. Size.
1. Full Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 81/2 feet 18 feet 24 feet
600 9 feet 18 feet 8 feet
450 9 feet 18 feet 12 feet
2. Compact Spaces.
Space Space Drive Aisle
Angle Width Length Width
!
900 71/z feet 16 feet 24 feet
600 8 feet 16 feet 18 feet
450 8 feet 16 feet 12 feet
i
B. Compact Parking Spaces. Within the Planned Office District, Regional Medical
District and Planned Industrial District only, not more than 20 percent of all
required parking spaces may be compact spaces. In all other districts, no compact
spaces shall be counted as required parking. Compact spaces shall be clearly
identified by signs mounted on sign posts in order that they are visible at all times.
Signs which are painted on the pavement shall not be permitted for this purpose.
Compact parking spaces shall be located in one contiguous area to the greatest
possible extent and, where possible, limited to proposed employee parking areas. It
is the purpose and intent to limit compact parking spaces to areas used for
long-term employee parking rather than short-term visitor parking.
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
I
2. All parking spaces shall comply with all requirements as to location and
850-54
City of Edina Land Use, Platting and Zoning 850.08
control as provided by paragraph A. of Subd. 3 of Subsection 850.08.
E. Nighttime Uses. Nighttime uses, as below defined, which share parking
facilities with daytime uses may reduce their required number of parking spaces by
50 percent, provided that:
1. The total number of spaces normally required for nighttime uses is
provided within the parking area in combination with parking spaces
provided for daytime uses;
2. The total number of parking spaces normally required for nighttime use
conforms to all requirements as to location and control as provided by
paragraph A. of Subd. 3 of Subsection 850.08; and
3. In the opinion of the Planner, the peak hours of operation of the
nighttime use will not coincide with the peak hours of other uses sharing the
joint parking facility so as to cause a parking shortage.
For the purposes hereof, nighttime uses are limited to theaters; facilities for
athletic, health and weight control including handball courts, racquet courts, tennis
courts, reducing salons and aerobic dance studios; bowling alleys; and club and
lodge assembly halls. Provided, however, that uses which are located within a
shopping center or Mixed Development District shall not be deemed nighttime uses
and shall not be eligible for reduction of parking requirements due to nighttime
uses.
F. Construction. Off-street parking spaces and circulation areas shall be surfaced
and maintained with a hard, all-weather, durable and dust-free surfacing material
composed of bituminous asphalt or concrete installed over 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:
850-55
i
I
City of Edina Land Use, Platting and Zoning 850.08
1. Directional signalization.
2. Channelization.
3. Turn lanes.
4. Increased street width.
5. Warning lights.
g
6. Stacking lanes.
7. Location, number and width of curb cuts.
C. Circulation Within Parking Areas.
1. Unobstructed access to each parking space from a drive aisle shall be
provided.
2. Traffic moving from one part of a parking area to another shall be
capable of doing so without using a street.
3. Dead end drive aisles shall not be permitted.
4. Parking spaces oriented at an angle of less than 90 degrees to the drive
aisle shall be served only by way of one-way drive aisles.
D. Driveway Design.
1. Driveway width (back of curb to back of curb):
Maximum Minimum
One-Way 20 feet 12 feet
Two-Way 30 feet 24 feet
2. Maximum driveway width at street curb: 30 feet exclusive of returns as
measured along the curb line of the street.
3. Minimum distance between driveways in all districts except R-1 and R-
2: 20 feet between ends or returns as measured along the curb line of the
street.
i
4. Minimum distance of driveway from street intersections: 50 feet j
between ends or returns of the driveway and the returns of the intersection
850-56
City of Edina Land Use, Platting and Zoning 850.09
as measured along the curb line of the street.
5. Minimum distance between end of the driveway return and side lot line
in all districts except R-1 and R-2: 10 feet.
6. A permit must be obtained for curb cuts pursuant to Section 1205 of this
Code.
850.09 Loading Facilities.
Subd. 1 Definition. A loading facility means and includes the dock to or from which
the transport vehicle is being loaded or unloaded, the berth for the vehicle while it is being
loaded or unloaded and the areas needed to maneuver the vehicle into or out of the berth.
Subd. 2 Location. Off-street loading facilities shall be easily accessible from
streets with a minimum of interference with other vehicle and pedestrian traffic. No
loading berths shall be located on the side of a building which faces a residential
district.
Subd. 3 Setbacks. No loading facility shall be located within the required front street
or side street setback for the principal building or within ten feet of an interior side lot line
or a rear lot line.
Subd. 4 Design.
A. Size.
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.
850-57
City of Edina Land Use, Platting and Zoning 850.10
B. All Office Buildings, Mixed Development District (Office Space Only) and
Regional Medical District.
Gross Floor Area (GFA) Number of Berths
0 - 20,000 sq. ft. 0 berths
20,001 - 100,000 sq. ft. 1 small berth
Over 100,000 sq. ft. 1 small berth and 1 large berth,
plus 1 additional small berth
for each 100,000 square feet GFA or
major fraction, over the
original 100,000 square feet GFA
C. Planned Commercial District (Except Office Buildings).
Gross Floor Area (GFA) Number of Berths
0 - 5,000 sq. ft 0 berths
5,001 - 20,000 sq. ft. 1 small berth
20,001 - 100,000 sq. ft. 1 small berth and 1 large berth
Over 100,000 sq. ft. 1 small berth for each additional j
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 j
courses shall comply.
B. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual acceptable to the Planner.
Landscape plans shall be drawn to a scale of not smaller than one inch equals 30
feet and shall include the following information:
1. Boundary lines of the property with accurate dimensions.
850-58
City of Edina Land Use, Platting and Zoning 850.10
2. Locations of existing and proposed buildings, parking lots, roads and
other improvements.
3. Proposed grading plan with two foot contour intervals.
4. Location, approximate size and common name of existing trees and
shrubs.
5. Planting schedule containing (i) symbols; (ii) quantities; (iii) common
names and botanical names; (iv) size of plant materials, (v) root condition,
and (vi) special planting instructions.
6. Planting details illustrating proposed locations of all new plant material.
7. Locations and details of other landscape features including berms,
fences and planter boxes.
8. Details of restoration of disturbed areas including areas to be sodded or
seeded.
9. Location and details of irrigation systems.
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
Building Height- Front
Tree Type Deciduous Coniferous Less than 24' 24' or Greater
Ornamental 2" or less 5' or less 5% 5%
Complimentary 2'/2 " or greater 6' or greater 60% 25%
Accent 3'/z " or greater 8 ` or greater 20% 25%
Primary 4'/z" or greater 10' or greater 10% 20%
Full 5'/2" or greater 12' or greater 5% 20%
850-59
i
City of Edina Land Use, Platting and Zoning 850.10
Calculations to determine minimum number of trees are always rounded up.
Tree size, as to deciduous, is the diameter of the tree measured 6 inches above
the ground. Tree size, as to coniferous, is measured in height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species which are
classified as overstory trees by the American Nurseryman's
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 Existing Trees. The total number of required new overstory
trees may be offset by the retention of existing overstory trees on the lot
provided that the trees satisfy the requirements of this Subdivision 850.10
as to size and species. The Planner shall determine the amount of the credit
for existing trees based upon their location and distribution on the lot.
6. Ground Cover. All unimproved portions of the lot or tract shall be
sodded. Provided, however:
a. areas reserved for future approved building expansions may be
seeded;
b. undisturbed areas containing existing viable natural vegetation
which can be maintained free of weeds may be left undisturbed; and
c. slopes steeper than 3:1 may be seeded.
D. Landscaping Inspection Fee. A landscaping inspection fee in the amount set out
in Section 185 of this Code shall be paid to the City at the time a building or other
permit is issued for work to be done on the same property as the landscaping work,
i
850-60
Land Use, Platting and Zoning 850.10
City of Edina
and as a condition to the issuance of the permit.
Subd. 2 Screening.
A. Screening Required. The following uses shall be screened in accordance with
the requirements of this Subdivision 850.10:
d any
di
1. Non-residential principal buildings or structures,Greened from lotsnin the R 11 Dnstro t
structure accessory thereto, shall be s
which are used for single dwelling unit builds an
halllch are be the shorter
within 200 feet of the non-residential use.
distance between the non-residential building buts all structure
extend across a
the nearest lot line of the R-1 District lot,
street;
2. Principal buildings or structures,cor Planned Coinmer�al
thereto, located in the Plannedndu trial District
District shall be screened from lots used S
r any
be the shortest
residential
tl se which
distance
are located within 200 feet. The distance
between the PID or PCD building or structure hall note to beacrre a drent the
nearest lot line of the residential lot, but s
3. Off-street parking facilities containing six or more located within feetand
and
all
loading facilities shall be screened from streets
from lots which are used for any residential shortest purpose
distance are betweenathe
within 50 feet. Said distance shall be t
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 accessorsyshalllbe gcreened from all
, except single
dwelling unit and double dwelling unit buildings,
lot lines and streets.
B. Responsibility. The owner of the principalscreeningssory required cost or tto the
re to
be screened shall install and maintain all g required
City.
C. Materials. Required screening may be achieved w walls and fences ith fences, walls,
ea th
berms, hedges and other landscape materials
be
architecturally harmonious with the principal building.
rthshabe ms shave a all not be
steeper than 3:1. All materials, including landscaping,
opacity of 90 percent year round.
850-61
City of Edina Land Use, Platting and Zoning 850.11
D. Location. All required screening shall be located on the lot occupied by the use,
building, facility or structure to be screened. No screening shall be located upon
any public road right-of-way, or within 20 feet of the traveled portion of a street.
E. Height. The minimum height for screening required by this Section is as
follows:
1. Screening required by subparagraphs 1 and 2 of paragraph A. of Subd.
2 of Subsection 850.10: ten feet above property line;
2. Screening required by subparagraph 3 of paragraph A. of Subd. 2 of
Subsection 850.10: four feet above level of parking lot and ten feet above
level of loading facility; and
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. Securityshall 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.
850-62
City of Edina Land Use, Platting and Zoning 850.11
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.
G. Day care facilities, pre-schools and nursery schools.
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, located within the single
dwelling unit building.
A. 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.
850-63
City of Edina Land Use, Platting and Zoning 850.11
B. Preschools, nurseries and day care within elementary, junior high and senior
high schools and religious institutions.
C. 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 reserve a substantial public investment, to prevent the deterioration of such
P
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.
i
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
i
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
850-64
City of Edina Land Use, Platting and Zoning 850.11
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.
2. Elementary schools. 5 acres
3. Junior high schools, senior high 10 acres, plus 1 acre
schools, seminaries, monasteries, for each 150 pupils of
nunneries and community centers. planned maximum enrollment.
4. Religious institutions 3 acres.
5. Day care facilities, pre-schools 2 acres
and nursery schools.
850-65
City of Edina Land Use, Platting and Zoning 850.11
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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.
i
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).
850-66
City of Edina Land Use, Platting and Zoning 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
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.
f. tennis courts, 30' 15 5' 5'
basketball courts, sports
courts, hockey and skating
rinks, and other similar
recreational accessory
uses including appurtenant
850-67
City of Edina Land Use, Platting and Zoning 850.11
fencing and lighting.
g. all other accessory 30' 15' S' S'
buildings and structures.
4. Other Uses.
a. all conditional use 50' 50' 50' 50'
buildings or structures
including accessory thereto
except parking lots, day care
facilities, pre-schools and
nursery schools.
b. driving ranges, 50' 50' 50' 50'
tennis, courts, main-
tenance buildings and
swimming, pools accessory
to a golf course.
c. Day care facilities, 30' 35' 35' 35'
pre-schools and nursery
schools
C. Height
1. Single dwelling unit 21/2 stories or 30 feet,
buildings and structures whichever is less.
accessory thereto.
2. Buildings and structures 11/2 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.
i
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
850-68
i
City of Edina Land Use, Platting and Zoning 850.11
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
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
850-69
i
City of Edina Land Use, Platting and Zoning 850.12
i
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.
i
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling
unit shall be erected, placed or used on any lot unless the lot is subdivided into two
or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 150 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet in
width as measured from the exterior of the exterior walls.
F. Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1
District.
850.12 Double Dwelling Unit District (R-2).
Subd. 1 Principal Uses. Buildings containing two dwelling units.
Subd. 2 Accessory uses.
A. Accessory garages.
B. Greenhouses, garden houses, decks, patios and gazebos.
850-70
City of Edina Land Use, Platting and Zoning 850.12
'C. Tool houses and sheds for storage of domestic supplies.
D. Private swimming pools, tennis courts and other recreational facilities for use
only by residents of the principal use and their guests.
E. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and clotheslines.
F. Customary home occupations.
Subd. 3 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area (per double 15,000 sq. ft.
dwelling unit building).
B. Minimum Lot Width. 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 25%
B. Setbacks (subject to the
provisions of paragraph D. of
Subd. 5 of this Subsection 850.12)
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory buildings and
structures shall be the same as those required by this Section for buildings
and structures accessory to single dwelling unit buildings in the R-1
District.
C. Height: 21/2 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,
850-71
City of Edina Land Use, Platting and Zoning 850.12
building coverage, setbacks and height shall be applied to the entire double
dwelling unit building and the entire lot, and shall ignore any subdivision of
building and lot which has been or may be made in order to convey each dwelling
unit separately.
B. Sewer and Water Connections. Each dwelling unit must be separately and
independently connected to public sanitary sewer and water mains.
C. Subdivided R-2 Lots. A double dwelling unit building and lot may be
subdivided pursuant to Section 810 of this Code along the common party walls
between the dwelling units, provided that:
1. A building permit has been issued and the building foundation is in
place;
2. Each parcel resulting from the subdivision must have frontage on a
public street of not less than 25 feet;
3. The parcels resulting from the subdivision shall each comprise
approximately the same number of square feet, and no an individual parcel
shall be less than 5,000 square feet; and
i
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.
850-72
City of Edina Land Use, Platting and Zoning 850.13
850.13 Planned Residence District (PRD, PSR).
Subd. 1 Subdistricts. The Planned Resident District shall be divided into the following
subdistricts:
Planned Residence District - 1 (PRD-1)
Planned Residence District - 2 (PRD-2)
Planned Residence District - 3 (PRD-3)
Planned Residence District - 4 (PRD-4)
Planned Residence District - 5 (PRD-5)
Planned Senior Residence - 3 (PSR-3)
Planned Senior Residence - 4 (PSR-4)
Subd. 2 Principal Uses.
A. PRD-1. Single dwelling unit buildings, double dwelling unit buildings and
residential townhouses.
B. PRD-2. Residential buildings containing six or fewer dwelling units.
C. PRD-3 and PRD-4. All residential buildings. Also day care facilities licensed
by the State.
D. PRD-5. Rest homes, convalescent homes and nursing homes.
E. PSR-3 and PSR-4. Buildings containing four or more dwelling units, all but one
of which are senior citizen dwelling units.
Subd. 3 Accessory Uses.
A. PRD-1. All accessory uses allowed in the R-1 District.
B. All Other Subdistricts. All accessory uses allowed in the R-2 District.
C. PRD-4, PRD-5 and PSR-4. Shops, restaurants and other services primarily
intended for the use and convenience of residents of the principal use, provided
that such accessory uses are accessible only from the interior of the principal
building, are located only on the ground floor of the principal 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
850-73
City of Edina Land Use, Platting and Zoning 850.13
imposed by this paragraph:
Lot Area Per Maximum Allowance
Dwelling Unit Per Dwelling Unit
I
PRD-1 10,500 sq. ft. 0 sq. ft.
PRD-2 7,200 sq. ft. 0 sq. ft.
PRD-3 4,400 sq. ft. 1,500 sq. ft.
PRD-4 2,900 sq. ft. 1,500 sq. ft.
PRD-5
PSR-3 3,500 sq. ft. 1,500 sq. ft.
PSR-4 2,500 sq. ft. 1,500 sq. ft.
I i
*The principal building in subdistrict PRD-5 shall not exceed an FAR of 1.2.
B. Schedule of Allowances.
1. PRD-3
I
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).
I
850-74
City of Edina Land Use, Platting and Zoning 850.13
2. PRD-4
a. all allowances permitted by paragraph B.1 of this Subd. 4 for
PRD-3.
b. subtract 250 square feet for each dwelling unit if the tract is three
acres or more in area.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than ten percent.
3. PSR-3 and PSR-4
a. all allowances permitted by paragraph B.2 of this Subd. 4 for
PRD-4.
b. subtract 1,000 square feet for each senior citizen dwelling unit.
Subd. 5 Requirements for Building Coverage, Setbacks, Height.
A. Maximum Building Coverage and FAR.
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.
850-75
City of Edina Land Use, Platting and Zoning 850.13
a. minimum setbacks are as follows:
Interior
Front Side Side Rear
Street Street Yard Yard
PRD-1 30' 30' 20' 25'
PRD-2 30' 30' 20' 35'
PRD-3 35' 35' 20' 35'
PRD-4, 5 35' 35' 35' 35'
PSR-3, 4 35' 35' 20' 35'
Accessory Same as 10' 10'
buildings principal
building
C. Maximum Building Height.
PRD-1, 2 21/z stories or 30 feet, whichever is less.
i
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.
850-76
City of Edina Land Use, Platting and Zoning 850.13
PRD-3, 4 400 sq. ft.
PSR-3 200 sq. ft.
PSR-4 100 sq. ft.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area - PRD-1. 10 acres
B. Minimum Floor Area per Dwelling Unit.
PSR PRD (except PRD-5)
Efficiency -- 500 sq. ft.
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.
850-77
City of Edina Land Use, Platting and Zoning 850.14
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 i
use and enjoyment of residents and guests. Such facilities shall comprise not less
than 1,250 square feet, or 15 square feet of floor area per senior citizen dwelling
unit, measured as provided for in paragraph B. of Subd. 7 of this Subsection
850.13, whichever is greater. Such facilities shall be indoor space and shall be
conditioned for year round occupancy. Outdoor areas, laundry facilities, storage
areas, mechanical rooms, hallways, foyers, offices or circulation space shall not be
included to satisfy this requirement.
H. Proximity to R-1 District (PRD-4, PRD-5, and PSR-4). The following
minimum distance shall be provided between the closest point of the principal
building in the PRD-4, PRD-5 and PSR-4 subdistricts and the nearest lot line of an
R-1 District used for residential purposes. This requirement shall only apply to
principal buildings four stories or more in 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.
I
A. MDD-3, MDD-4, and MDD-5:
i
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.
850-78
City of Edina Land Use, Platting and Zoning 850.14
6. Publicly-owned parking facilities.
7. Day care.
8. Suites Hotels.
B. MDD-6:
1. All principal uses in the MDD-3, MDD-4, and MDD-5 subdistricts.
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
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:
850-79
I
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.
Allowed Number of Dwelling A. o g Units.
1. Required Lot Area. The area of the tract shall not be less than the sum of
the required lot area for each dwelling unit thereon, less the allowances
permitted or imposed by this paragraph.
Required Lot Area Maximum Allowance
Per Dwelling Unit Per Dwelling Unit
MDD-3 4,400 sq. ft. 1,000 sq. ft.
MDD-4 3,600 sq. ft. 1,000 sq. ft.
MDD-5 3,300 sq. ft. 1,500 sq. ft.
MDD-6 3,300 sq. ft. 1,500 sq. ft.
2. Schedule of Allowances.
a. subtract 500 feet for each required residential parking space within
or under the principal building or otherwise completely underground.
b. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than 20 percent. (Buildings devoted to public or
private park, or an accessory recreational facility, shall be excluded
from building coverage for purposes of this allowance).
d. subtract 400 square feet for each dwelling unit if the Mixed
Development District includes a publicly owned park that is developed
or programmed to be developed with recreational facilities or other
I,
850-80
City of Edina Land Use, Platting and Zoning 850.14
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'
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
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City of Edina Land Use, Platting and Zoning 850.14
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.
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
850-82
City of Edina Land Use, Platting and Zoning 850.15
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.
F. Special Requirements for Retail Uses. Retail uses shall comply with the special
requirements provided by paragraphs, D, E, F, G, H, I, J, and K of Subd. 11 of
Subsection 850.16 of this Code.
850.15 Planned Office District (POD).
Subd. 1 Subdistricts. The Planned Office District shall be divided into the following
subdistricts:
Planned Office District - 1 (POD-1)
Planned Office District - 2 (POD-2)
Subd. 2 Principal Uses.
A. Business and professional offices.
B. Financial institutions including drive-through facilities, but excluding pawn
shops.
C. Post offices.
D. Clubs, lodge halls and non-profit organizations, excluding those providing food
or beverage services in the building or on the lot.
E. Facilities for athletic, health or weight control purposes, including, but not
limited to, handball, racquetball, tennis, reducing salons and aerobic dance studios,
provided that no seating or other facilities shall be allowed for spectator usage.
F. Medical and dental offices and clinics.
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City of Edina Land Use, Platting and Zoning 850.15
G. Employment agencies.
H. Travel bureaus.
I. Day care.
J. Public or private colleges, universities or schools.
Subd. 3 Conditional Uses.
A. Funeral Homes and Mortuaries
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Subd. 4 Accessory Uses.
I
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. 5 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:
I
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
i
* or the building height if greater.
D. Maximum Building Height.
POD-1 4 stories or 50 feet whichever is less.
POD-2 no maximum; height is determined by required setbacks.
Subd. 6 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
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City of Edina Land Use, Platting and Zoning 850.15
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;
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
850-85
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City of Edina Land Use, Platting and Zoning 850.16
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
I
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.
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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.
i
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.
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City of Edina Land Use, Platting and Zoning 850.16
Day care.
Drug stores.
Dry cleaning establishments and laundries.
Employment agencies.
Financial institutions, but excluding drive-through facilities and pawn shops.
Florist shops.
Food, grocery, meat, fish, bakery and delicatessen stores.
Garden supply, tool and seed stores.
Gift shops.
Handball courts, racquetball courts and exercise and reducing salons.
Hardware stores.
Hobby shops for the sale of goods to be assembled and used off the premises.
Household furnishings, fixtures and accessory stores not exceeding 2,500 square
feet of gross floor area.
Interior decorating establishments.
Jewelry stores.
Launderettes.
Leather goods stores.
Liquor stores, municipally owned, off-sale.
Locksmith shops.
Medical and dental clinics.
Music and video sales and rental stores.
Musical instruments stores and repair shops.
Newsstands.
Offices, including both business and professional.
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City of Edina Land Use, Platting and Zoning 850.16
Optical stores.
Paint and wallpaper stores not exceeding 2,500 square feet of gross floor area.
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Personal apparel stores not exceeding 2,500 square feet of gross floor area.
Picture framing and picture stores.
Repair stores and "fix-it" shops which provide services for the repair of home,
garden, yard and personal use appliances.
Restaurants, but excluding "drive-ins" and drive-through facilities.
Schools.
Second-hand stores not exceeding 2,500 square feet of gross floor area, but
excluding pawn shops.
Shoe sales or repair stores.
Sporting and camping goods stores not exceeding 2,500 square feet of gross floor
area.
Tailor shops.
Tobacco shops.
Toy shops.
Travel bureaus and transportation ticket offices.
Variety, gift, notion and soft goods stores.
Vending machines which are coin or card operated, but excluding amusement
devices.
Subd. 3 Principal Uses in PCD-2.
Any principal use permitted in PCD-1.
Amusement and recreation establishments such as amusement arcades, 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.
850-88
City of Edina Land Use, Platting and Zoning 850.16
Blueprinting, printing and Photostatting 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.
Commercial kennels as defined by Subsection 300.01 of the City Code.
Department stores not exceeding 40,000 square feet of gross floor area.
Dry goods stores.
Electrical and household appliance stores, including radio and television sales and
service.
Exterminating offices.
Fabric stores.
Frozen food stores including the rental of lockers in conjunction therewith.
Furniture stores including upholstering when conducted as an incidental part of the
principal use.
Fraternal, philanthropic and charitable institution offices and assembly halls.
Furrier shops including the storage and conditioning of furs when conducted as an
incidental part of the principal use.
Home repair, maintenance and remodeling stores and shops.
Hotels, motels and motor inns.
Household furnishings, fixtures and accessories stores.
Laboratories, medical and dental.
Office supplies stores.
Orthopedic and medical appliance stores, but excluding the manufacturing or
850-89
City of Edina Land Use, Platting and Zoning 850.16
assembly of appliances or goods.
Paint and wallpaper stores.
Personal apparel stores.
Pet shops.
Photography studios.
Post offices.
Public utility service stores.
Rental agencies for the rental only of clothing, appliances, automobiles, cartage
trailers, and household fixtures, furnishings and accessories, excluding pawn
shops.
Schools for teaching music, dance or business vocations.
Sporting and camping goods stores.
Taxidermist shops.
Telegraph offices.
Theaters, but excluding outdoor or "drive-in" facilities.
Ticket agencies.
Trading stamps redemption stores.
Undertaking and funeral home establishments.
Subd 4. Principal Uses in PCD-3.
Any principal use permitted in PCD-2.
Automobile agencies selling or displaying new, unused vehicles.
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.
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City of Edina Land Use, Platting and Zoning 850.16
Subd 5. Principal Uses in PCD-4.
Automobile service centers.
Car washes.
Gas stations.
Subd. 6 Accessory Uses in PCD-1.
Off-street parking facilities.
Buildings for the storage of merchandise to be retailed by the related principal use.
Not more than two amusement devices.
Subd. 7. Accessory Uses in PCD-2.
All accessory uses allowed in PCD-1.
Drive-through facilities.
Amusement devices.
Subd. 8. Accessory Uses in PCD-3.
All accessory uses permitted in PCD-1 and PCD-2.
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.
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.
Accessory car washes.
Retail sales of convenience goods.
Gasoline sales accessory to a car wash.
Subd. 10 Requirements for Building Coverage, Setbacks and Height.
850-91
City of Edina Land Use, Platting and Zoning 850.16
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: 35' 25' 25' 25'
Gas Stations
All other uses 45' 25' 45' 25'
* or the building height if greater.
C. Maximum Building Height.
PCD-1 Two stories.
PCD-2 Four stories or 50 feet whichever is less.
PCD-3 No maximum; height is determined by setbacks.
PCD-4 One story.
Subd. 11 Special Requirements. In addition to the general requirements described 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
850-92
City of Edina Land Use, Platting and Zoning 850.16
building need be no greater than that of the nearest adjoining principal building. If
a building is to be built or relocated where there is an established average setback
and there are existing buildings on both sides of the new or relocated building, the
front street setback need be no greater than that which would be established by
connecting a line parallel with the front line connecting the most forward portion of
the adjacent principal building on each side.
B. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear yard
setbacks including parking setbacks and loading facility setbacks apply only when
the side or rear lot line is a Planned Commercial District boundary.
C. Proximity to R-1 District. The following minimum distance shall exist between
buildings in the Planned Commercial District and the nearest lot line of an R-1
District lot used for residential purposes:
Building Height Distance to R-1 District
5 - 6 stories Twice the building height of the building in
the Planned Commercial District.
7 - 8 stories Four times the building height of the building
in the Planned Commercial District.
9 or more stories Six times the building height of the building in
the Planned Commercial District.
D. Storage. All materials, supplies, merchandise and other similar materials not on
display for direct sale, rental or lease to the ultimate consumer shall be stored
within a completely enclosed building or within the confines of a completely
opaque wall or fence capable of completely screening all the materials from
adjoining properties. The wall or fence under no 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
850-93
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City of Edina Land Use, Platting and Zoning 850.16
square feet of gross floor area within the first story.
G. Outdoor Sales, Tent Sales and Trailer Sales Prohibited. Except for the
dispensing of motor fuels and the use of drive-through facilities permitted by this
Section, all sales of products and merchandise, and dispensing of services, shall be
conducted from within the confines of a permanent building totally enclosed by
four walls and a roof. The sale of products and merchandise, and the dispensing of
services, from a motor vehicle, trailer, tent or other temporary structure or shelter,
or outside of a permanent building as above described, is prohibited.
H. Building Design and Construction. In addition to the other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Commercial District
shall meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction
if the panel materials are any of those noted 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 j
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
850-94
City of Edina Land Use, Platting and Zoning 850.16
gross floor area as is imposed on the use by Subd. 2 of this Subsection 850.16.
K. Drive-In Uses. Except for the dispensing of motor fuels, drive-in uses shall not
be permitted. Nothing herein contained, however, prohibits accessory
drive-through facilities where permitted by this Subsection 850.16.
L. Automobile Service Centers and Gas Station Standards.
1. Minimum lot area:
a. for an automobile service center, 20,000 square feet, plus 5,000
square feet for each service bay in excess of three.
b. for a gas station, 15,000 square feet.
2. Maximum lot area: 60,000 square feet.
3. Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic
equipment shall be used and stored within a building.
4. Interior curbs of not less than six inches in height shall be constructed to
separate driving surfaces from sidewalks, landscaped areas and streets.
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
850-95
City of Edina Land Use, Platting and Zoning 850.17
feet and an interior sideY
rear and and and setback of at least 25 feet.
Y
12. Notwithstanding the requirements of Subsection 850.08, driveways and
drive aisles need only provide a setback of not more than five feet from all
lot lines, subject to the requirements of subparagraph 10. of paragraph L. of
this Subd. 11.
M. Car Wash Standards.
1. A car wash shall be subject to the same standards as specified herein for
automobile service centers.
2. All waste water disposal facilities including sludge,p g s ge, 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.
850-96
City of Edina Land Use, Platting and Zoning 850.17
D. Warehousing of non-perishable products, if the products are owned by or
consigned to the owner of the principal use or its lessee, and further, if the owner
or lessee does not establish the principal use in the capacity of a carrier for the
purpose of a freight operation.
E. Businesses that provide a service to the consumer on the consumer's property
and not on the lot occupied by the principal use, including, but not limited to,
building contractors, plumbing contractors, swimming pool construction and
service companies and exterminating offices.
F. Blueprinting, Photostatting 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.
Subd. 3 Requirements for Building Coverage, Setback and Height.
850-97
City of Edina Land Use, Platting and Zoning 850.17
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.
i
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 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.
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850-98
City of Edina Land Use, Platting and Zoning 850.17
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 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
850-99
City of Edina Land Use, Platting and Zoning 850.17
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 appearance.
E. Restrictions, Controls and Design Standards. Uses which because of the nature
of their operation are accompanied by an excess of noise, vibration, dust, dirt,
smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual
features shall be considered as "excessive" when they either exceed or deviate from
the limitations set forth in the following performance specifications.
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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
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City of Edina Land Use, Platting and Zoning 850.17
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 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
850-101
City of Edina Land Use, Platting and Zoning 850.18
I
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
b. the permit shall be applied for only by the owner of the principal
building, the intention being that each lessee within the mini-storage
building shall not be eligible individually for a temporary retail sales
permit.
3. Only non-perishable and non-volatile products may be stored.
850.18 Regional Medical District (RMD)
I
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
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City of Edina Land Use, Platting and Zoning 850.18
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.
B. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
C. Building Height. No maximum; height is determined by required setbacks.
D. Minimum Tract Area. No tract of land shall be transferred to the Regional
Medical District unless the tract measures at least ten acres in area or is contiguous
to other land in the Regional Medical District.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. All uses shall conform to the same requirements as are established by this
Section for the Planned Office District (POD).
B. All uses shall comply with the same standards for residual features as are
established by this Section for the Planned Industrial District (PID).
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City of Edina Land Use, Platting and Zoning 850.19
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'
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:
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City of Edina Land Use, Platting and Zoning 850.20
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 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.
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City of Edina Land Use,
Platting and Zoning
850.20
I,
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.
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
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City of Edina Land Use, Platting and Zoning 850.20
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.
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
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City of Edina Land Use, Platting and Zoning 850.20
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;
2. Contain a brief statement of the conditions mentioned in the report of
the Building Official which show probable cause to believe that the building
violates Subd. 7 of this Subsection 850.20;
3. State the date, hour and place of the hearing; and
4. Order all interested parties who desire to be heard in the matter to
appear before the Council to show cause why the building should not be
ordered repaired.
E. Hearing. The Council, at the hearing, shall hear and consider any evidence
offered by any person who is to be heard. The Council, at the end of the hearing,
at the same meeting or at a specified future meeting, shall make its decision, giving
its reasons, as to whether or not the building in question violates Subd. 7 of this
Subsection 850.20.
F. Order to Repair. If the Council determines that the building involved violates
Subd. 7 of this Subsection 850.20, it shall issue an order that the building or
structure be repaired. The order shall set forth the street address of the building
and a legal description of the premises sufficient for identification. It shall contain
a statement of the particulars which render the building in violation of Subd. 7 of
this Subsection, and a statement of the work required to be done. The order shall
state a reasonable time within which the work required must be begun, and shall
further specify a reasonable time within which the work shall be completed. The
time for completion may, by Council resolution, be extended for just causes upon
written application of any interested party.
G. Penalty for Disregarding the Order. If Council's order is not followed within
the time provided in the order, as extended, the City may make the necessary
repairs through its 'agents, employees or contractors. The City shall have a lien
against the property as of the date of filing a certified copy of the Council order or
850-108
I I
City of Edina Land Use, Platting and Zoning 850.21
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.
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.
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City of Edina Land Use, Platting and Zoning 850.21
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C. Statement of Purpose. It is the purpose of this Subsection 850.21 to guide and
regulate the orderly development of such lands to ensure maintenance and
preservation, in their natural state, of needed and desirable natural water storage
areas, and watercourses and water bodies and their shorelines and adjacent
vegetation and topography and to minimize the possibility of, and pollution and
losses resulting from, runoff and flooding, all thereby to promote and protect the
public health, safety and general welfare.
Subd. 2 Definitions. The words and phrases used in this Subsection 850.21 shall be
subject to the rules of construction and definitions in Subsection 850.03 and, to the extent
defined below, shall have the following meanings for purposes of this Subsection:
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor or base
below ground level on all four sides, regardless of the depth of excavation below
ground level. This definition shall apply only to this Floodplain Overlay District
Subsection and, for purposes of this Subsection, this definition shall control over
the definition in Subsection 850.03.
Channel. A natural or artificial depression of perceptible extent, with definite
beds and banks to confine and conduct, either continuously or periodically, the
waters in the respective creeks of Nine Mile Creek and Minnehaha Creek.
Commissioner. The Commissioner of Natural Resources of the State of
Minnesota.
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are capable
of conveying a proportionate share of flood flows.
Flood or Flooding. A temporary increase in the flow or stage of a stream or in the
stage of a wetland or lake that results in the inundation of normally dry areas.
Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
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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
850-110
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 regulated
by this Subsection 850.21 are required to be elevated or floodproofed.
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City of Edina Land Use, Platting and Zoning 850.21
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 granted or created
by applicable ordinances or State Law.
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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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
I
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.
5. Garbage or waste disposal sites or systems are prohibited in the
Floodplain District.
6. Storage or processing of materials or equipment that are, in time of
flooding, flammable, explosive or potentially injurious to human, animal or
plant life is prohibited in the Floodplain District.
Subd. 5 Floodway District (FW).
A. Permitted Uses. The following uses are permitted in the Floodway District if
they comply with the standards set out in paragraph B. of this Subd. 5.
1. Horticulture, forestry, sod farming, and wild crop harvesting.
2. Industrial-commercial loading areas and parking areas.
3. Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, swimming areas, parks, wildlife and nature
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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 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.
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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 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.
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City of Edina Land Use, Platting and Zoning 850.21
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 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
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City of Edina Land Use, Platting and Zoning 850.21
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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.
(ii) that the enclosed area will be designed of flood
resistant materials in accordance with the FP-3 or
FP-4 classifications in the Building Code, and shall be
used solely for building access, parking of vehicles or
storage.
2. Basements shall be subject to the following:
a. residential basement construction shall not be allowed below the
regulatory flood protection elevation.
b. non-residential basements may be allowed below the regulatory
flood protection elevation, provided the basement is structurally dry
by being floodproofed in accordance with subparagraph 3. of
paragraph D. of this Subd. 6.
3. All areas of non-residential structures, including basements, to be placed
below the regulatory flood protection elevation shall be floodproofed in
accordance with the structurally dry floodproofing classifications in the
Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2
floodproofing classification in the Building Code, which shall require
making the structure watertight with the walls substantially impermeable to
the passage of water and with structural components having the capability of
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City of Edina Land Use, Platting and Zoning 850.21
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 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.
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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.
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 labeled 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,
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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 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
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City of Edina Land Use, Platting and Zoning 850.21
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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 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 floodproofmg
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:
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a. plans and survey as required for a variance, but to be submitted
in triplicate.
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City of Edina Land Use, Platting and Zoning 850.21
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.
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.
d. 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
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City of Edina Land Use, Platting and Zoning 850.21
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.
E. Issuance of Conditional Use Permit. Upon approval of the application therefor
by the Council, the Planner shall issue the conditional use permit. However, prior
to issuance of the permit, the Planner shall determine that the applicant has
obtained all necessary State and federal permits for the conditional use.
F. Issuance of Variance; Reports. Upon approval of the application therefor by the
Board, or the Council upon any appeal of a decision of the Board, the Planner shall
issue the variance. However, prior to issuance of the variance, the Planner shall
determine that the applicant has obtained all necessary State and federal permits for
the obstruction or use allowed by the variance.
G. Recommendation of, and Technical Assistance from, Watershed District. The
Planner, Board, Commission or Council shall, at any time and relative to each
application, use or obstruction, transmit the information received to the appropriate
watershed district for advice, recommendations or technical assistance as to the
hydrological effect or general impact of any such application, use or obstruction on
the floodplain, flood heights, flood velocities or as to the seriousness of flood
damage to the use, the adequacy of plans for protection, compliance with this
Subsection 850.21 or other technical matters. The Planner, Board, Commission or
Council shall withhold decision on granting or allowing any conditional use permit,
variance use or obstruction until such advice, recommendations or assistance are
received.
H. Certificate of Zoning Compliance. Upon completion of any work or project
pursuant to a conditional use permit or variance granted pursuant to this Subsection
850.21, and prior to the use or occupancy of the land or obstruction permitted by
the conditional use permit or variance, a certificate of zoning compliance shall be
issued therefor by the Planner stating that the use of the land or obstruction
conforms to the requirements of this Subsection 850.21. Prior to issuance of such
certificate, the applicant therefor shall submit a certification by a registered
professional engineer, architect or land surveyor, as appropriate, that the permitted
obstructions, including, but not limited to, finished fill and building floor
elevations, flood proofing or other flood protection measures, have been completed
in compliance with the provisions of this Subsection and in compliance with the
information given to the City in connection with the application for the conditional
use permit or variance.
I. Records of Elevation. The Building Official shall maintain a record of the
elevation of the basement floor, or first floor if there is no basement, of all
structures constructed or placed in the Floodplain District from and after 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
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City of Edina Land Use, Platting and Zoning 850.21
the elevations to which such structures or such additions to structures are
floodproofed.
J. Variance Records; Reports. The Planner shall maintain a record of all variance
actions, including justification for their issuance and including a copy of the notice
referred to at subparagraph Lb. of paragraph C. of this Subd. 10. A report of
variances issued shall be included in the City's annual or biennial report to the
Administrator of the National Flood Insurance Program.
Subd. 11 Powers and Duties of Zoning Board of Appeals, Procedures for Variances
and Appeals, Conditional Use Permits.
A. Zoning Board of Appeals.
1. Powers and Duties. The Board shall hear and decide all appeals in which
it is alleged there is an error in any order, requirement, decision or
determination made by an administrative officer in the enforcement of this
Subsection 850.21, and all requests for variances in connection with this
Subsection, in the same manner, including notices, as it hears and decides
appeals and requests for variances under Subsection 850.04, except as
otherwise herein provided.
2. Procedure for Variances. After receipt by the Board of the report of the
Planner, together with the application for a variance and initial information
requested by the Planner, the Board shall hear and decide upon such
application in the same manner, including notices, as it hears and decides
upon variances under Subsection 850.04, except:
a. no variance shall have the effect of permitting a residential
structure to be at a lower elevation than the regulatory flood
protection elevation for the individual property under consideration;
b. no variance shall have the effect of permitting a non-residential
structure to be at a lower elevation than the regulatory flood
protection elevation for the individual property under consideration
unless such structure is floodproofed to the FP-1 or FP-2
classification in the Building Code;
c. no variance shall allow standards or criteria lower than those
required by applicable State Law; and
d. in deciding upon any variance the Board shall also consider the
policies and purposes of this Subsection 850.21 and all of the
applicable standards and conditions set out in this Subsection, and
the degree of conformity with such standards and conditions as will
result if the variance is granted.
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City of Edina Land Use, Platting and Zoning 850.21
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.
f. the requirements of the use for a waterfront location.
g. the availability of alternative locations not subject to flooding for
the proposed use.
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City of Edina Land Use, Platting and Zoning 850.21
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 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
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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 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:
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City of Edina Land Use, Platting and Zoning 850.21
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.
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.
B. 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
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City of Edina Land Use, Platting and Zoning 850.21
i
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 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, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86, 825-A10 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-A27 10-30-
850-130
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City of Edina Land Use, Platting and Zoning 850.21
91; amended by 825-A28 5-03-89, 825-A29 5-03-89, 825-A30 12-13-89, 825-A31 10-25-89, 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-A37
reconsidered, 825-A3811-28-90. Amended by Ord. 850-AI 3-3-93; Ord 850-A2 6-30-93;Ord 850-
A3 8-2-93; Ord. 1993-10 8-16-93; Ord 850-A4 8-15-94; Ord 850-A5 9-19-94; Ord. 1995-6 8-7-
95; Ord. 1995-10 12-04-95; Ord 1995-9 2-5-96; Ord 850-7 5-20-96, Ord 1996-2 9-16-96, Ord
1997-2 2-18-97, Ord 1997-1111-5-97
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.
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City of Edina Liquor 900.12
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.
Subd. 13 Posting of License. A license issued under this Section shall be posted in a
conspicuous place in the licensed premises.
Subd. 14 Compact and Contiguous Premises. A license issued under this Section is
only effective for the compact and contiguous space specified in the approved license
application. No sales or consumption of wine or liquor shall be permitted beyond the
licensed premises. The licensed premises shall not be increased in size or seating
capacity during the then license period.
Subd. 15 Sobriety and Order. A licensee shall be responsible for the conduct of
business being operated and shall maintain conditions of sobriety and order.
Subd. 16 Adult Entertainment Prohibited. The Findings, Purpose and Objectives
of Section 1345 of the City Code are hereby incorporated by reference. No licensee
shall permit any specified sexual activities, the presentation or display of any specified
anatomical areas or the conduct of a sexually oriented business all as defined by Section
850 of this Code on the licensed premises or in areas adjoining the licensed premises
where such activities or the conduct of such a business can be seen by patrons of the
licensed premises.
Subd. 17 State Law. All applicable provisions of State Law shall be complied with in
connection with the sale of wine and liquor.
900.11 Special Requirements for the On-Sale of 3.2 Percent Malt Liquor. In addition to
the requirements imposed by Subsection 900.10, the following special requirements apply to
the on-sale of 3.2 percent malt liquor:
Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant
to a 3.2 percent malt liquor license 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 consumed or served at the following locations:
A. At counters where food is regularly served and consumed.
B. On decks, patios and other outdoor dining areas which are adjacent to the
licensed premises.
C. On grounds of a golf course.
Subd. 2 Temporary Licenses. The provisions of Subd. 1 of this Subsection do not
apply to 3.2 percent malt liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor
License.
900.12 Special Requirements for the On-Sale of Wine, Intoxicating Malt Liquor and
Intoxicating Liquor. In addition to the requirements of Subsection 900.10, the following
900 - 11
City of Edina Liquor 900.12
special requirements apply to the sale of wine, intoxicating malt liquor and intoxicating liquor
sold pursuant to a Wine License -or and On-Sale Intoxicating Liquor License issued in
accordance with this Section:
Subd. 1 Licensed Premises. The licensed premises must:
A. 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.
B. 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, wine, and liquor.
C. The premises shall not have more than 15 percent of its seating capacity
located at a bar or service counter.
Subd. 2 Licensed Manager. A manager licensed in accordance with this Section
must be present and in charge of the licensed premises at all times that the premises is
open for business.
Subd. 3 Alcohol Awareness Training.
A. Within 30 days following the issuance of a new Wine License or a new On-
Sale Intoxicating Liquor License, not less than 75% of the employees authorized
to serve or sell wine or liquor on the licensed premises shall have completed an
alcohol awareness program approved by the Police Chief.
B. Not less than 75% of the employees authorized to serve or sell wine or
liquor on the licensed premises must complete an alcohol awareness program
approved by the Police Chief within 90 days prior to an application for license
renewal for a Wine License or a On-Sale Intoxicating Liquor License.
C. An applicant for the issuance or renewal of a Manager's License must
complete an alcohol awareness program approved by the Police Chief not more
than 90 days prior to the date of application.
Subd. 4 Percentage of Food Sold. Not less than 60 percent of the restaurant's or
hotel's gross receipts from the combined sale of food, non-alcoholic beverages, wine
and liquor, on an annual basis, shall be attributable to the sale of food and non-
alcoholic beverages.
Subd. 5 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
may be sold or consumed on a premises holding a Wine License.
Subd. 6 Denied Sales or Consumption. No sales or consumption of wine or liquor
shall be permitted beyond the licensed premises.
900 - 12
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City of Edina Misdemeanors and Nuisances 1035.04
Subd. 7 Fences and Other Structures. Broken, rotted, and dilapidated fences,
play equipment and portable structures.
Subd. 8 Firewood Piles. Firewood piles except:
A. Piles which maintain a space of at least four inches between the ground and
pile;
B. Piles located in the side yard or rear yard, no closer than five feet from a
side or rear lot line; and
C. Piles that are not in violation of Subd. 2 of Subsection 1055.04 of this Code.
1035.04 Maintaining A Nuisance. No person shall, by act or failure to perform a legal
duty, intentionally cause, maintain, or permit a nuisance, as defined in this section, on any
private or public land.
History: Ord 1031 codified 1970; amended by Ord 1998-0611-2-98
Reference: M.S. 412.221, Subd. 23
Cross Reference: Section 410, Subsection 1055.04
1035 - 3