HomeMy WebLinkAbout1999-01 Supplement Old Pages Memorandum
Date: 4/5/99
To: Edina Code of Ordinance Users
From: Deb Mangen,City Clerk
RE: Code Supplement
I am sending you the newest update for your Edina City Code book.
This supplement contains all ordinances adopted by the City Council
through March 15, 1999. Please replace the following pages as noted:
Table of Contents-Replace Section 810-Remove your
entire Table of Contents entire Section and replace
with the attached.
Section 145 -Remove your
entire Section and replace Section 900-Remove your
with the attached. entire Section and replace
with the attached.
Section 185-Remove all of
Schedule"A"and replace with Section 905-Remove your
the attached. entire Section and replace
with the attached.
Section 445- Remove your
entire Section and replace Section 1035- Remove your
with the attached. entire Section and replace
with the attached.
Section 460-Remove your
entire Section and replace Section 1050- Remove your
with the attached. entire Section and replace
with the attached.
Section 705-Remove your
entire Section and replace Section 1100- Remove your
with the attached. entire Section and replace
with the attached.
Section 735- Remove your
entire Section and replace Section 1230-Remove your
with the attached. entire Section and replace
with the attached.
Feel free to contact me with any questions regarding this supplement
or Edina's Code.
CITY OF EDINA CODE
TABLE OF CONTENTS
Ordinance No. 1 - An Ordinance Codifying the General Ordinances of the City of Edina,
Minnesota; Adopting a New City Code; Retaining Certain Ordinances; and
Repealing Certain Ordinances
CHAPTER 1. GENERAL CODE PROVISIONS AND ADMINISTRATION
Section 100 - City Code; Penalties for Violation
Section 105 - Definitions
Section 110 - Incorporation of State Law
Section 115 - The Council, Officer and Surety Bonds
Section 120 - Salaries for Council Members
Section 125 - Registration of Voters
Section 126 - Absentee Ballot Board
Section 130 - Election of Council Members
Section 140 - Human Relations Commission
Section 145 - Recycling and Solid Waste Commission
Section 150 - Personnel Policy
Section 155 - Disposal of Unclaimed Property
Section 160 - General Licensing Procedure
Section 165 - License Registration and Bond for Building Trades
Section 175 - Notice of Violation
Section 180 - Removal of Members of Boards, Commissions, and Committees
Section 185 - Fees and Charges
CHAPTER 2. PUBLIC DANCES LAWFUL GAMBLING & AMUSEMENT DEVICES
Section 200 - Public Dances
Section 215 - Gambling
Section 220 - Mechanical Amusement Devices
CHAPTER 3. ANIMALS
Section 300 - Animal Control and Licensing
CHAPTER 4. BUILDINGS, CONSTRUCTION & SIGNS
Section 400 - Construction Board of Appeals
Section 405 - Landscaping, Screening and Erosion Control
Section 410 - Building Code
Section 415 - Moving of Buildings
Section 421 - Right-Of-Way Management
Section 425 - Littering in the Course of Construction Work
I
1
Section 430 - Regulating Installers of Gas Piping or Gas Burning Systems, Oil Burners,
Stokers, Steam or Hot Water Heating Systems, Mechanical Warm Air
Heating and Air Conditioning Systems, Refrigeration Systems, Plumbing
and Water Conditioning Equipment
Section 435 - Regulating Mechanical and Gas Piping Work
Section 440 - Regulating Plumbing and Installation of Water Cooling Equipment
Section 445 - Requiring Connections to Sanitary Sewer and Water Systems; Regulating
Discharges into Sanitary Sewer System
Section 450 - Swimming Pools
Section 455 - Public Bathrooms and Restrooms
Section 460 - Signs
Section 470 - Dangerous or Substandard Buildings
Section 475 - Parking Ramps
Section 480 - Exterior of Single Dwelling Unit and Double Dwelling Unit
CHAPTER 5. CIVIL DEFENSE AND EMERGENCIES
Section 505 - Civil Defense and Emergency Regulations
CHAPTER 6. FIRE PROTECTION
Section 600 - Fire Department
Section 605 - Fire Codes, Bureau of Fire Prevention and Fire Lanes
Section 615 - Fire Extinguishers
Section 620 - Commercial Cooking Ventilation Systems
Section 625 - Fire Protection Systems
Section 635 - False Fire Alarms
CHAPTER 7. HEALTH
Section 700 - Community Health Board, Department of Health and Sanitarian
Section 705 - Storage, Collection and Disposal of Refuse and Compostable Materials
Section 710 - Private Sewage Disposal Systems
Section 715 - Mandatory Separation, Storage and Disposal of Recyclables
Section 716 - Recycling Service Charges
Section 720 - Food Establishments and Food Vending Machines
Section 725 - Public Health, Housing and Housing Equipment
Section 735 - Hotels, Lodging and Boarding Houses
Section 740 - Ventilation of Parking Garages for Multiple Dwellings
CHAPTER 8. LAND USE, PLATS AND ZONING
Section 800 - Heritage Preservation Board
Section 805 - Planning Commission
Section 810 - Plats and Subdivisions
Section 815 - Radio and Television Antennas and Towers ..�
2
I
Section 820 - Vacation of Streets, Alleys, Public Ways and Utility Easements
Section 830 - Tree Removal, Grading and Excavation
Section 835 - Comprehensive Plan
Section 845 - Restricted Access Parking Lots
Section 850 - Zoning
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
Section 905 - Open House Parties
CHAPTER 10. MISDEMEANORS AND NUISANCES
Section 1000 - Crimes and Forbidden Conduct
Section 1005 - Certain Dangerous Weapons
Section 1010 - Prohibiting Certain Conduct In, On, or Near Schools
Section 1015 - Hoax, Obscene or Annoying Telephone Calls and Bomb Threats
Section 1020 - False Automatic Alarms
Section 1030 - Possession, Purchase or Delivery of Controlled Substances
Section 1035 - General Nuisances
Section 1040 - Noises Disturbing the Public Peace
Section 1046 - Parking and Storage of Vehicles and Equipment
Section 1050 - Maintenance of Vegetation
Section 1055 - Control and Prevention of Shade Tree Diseases
Section 1060 - Curfew for Minors; Responsibility
Section 1065 - Prohibiting and Regulating Picketing
Section 1070 - Abatement of Nuisances
Section 1075 - Steel Jawed Traps
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
Section 1105 - Sewer and Water Connection Charges
Section 1110 - Storm Water Drainage Utility; Charges
Section 1115 - Water Emergencies and Irrigation Bans
CHAPTER 12. STREETS AND PARKS
Section 1200 - Use and Maintenance of Streets, Alleys, Sidewalks, Easements, Parks, and
Other City Owned Property
Section 1205 - Curb Cuts
Section 1215 - Work Within the 50th & France Commercial Area
Section 1220 - Park Board
Section 1230 - Conduct in Parks and Public Places
Section 1235 - Municipal Parking Facilities
3
CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
Section 1305 - Scavengers
Section 1310 - Peddlers and Solicitors
Section 1315 - Advertising Material on Residential Property
Section 1326 - Sale of Tobacco; Licensing
Section 1330 - Taxicabs and Taxicab Drivers
Section 1340 - Physical Culture and Health Services and Clubs
Section 1345 - Sexually-Oriented Businesses
Section 1350 - Motion Pictures and Commercial Photography
CHAPTER 14. TRAFFIC CONTROL AND VEHICLES
Section 1400 - Pedestrian, Bicycle and Vehicular Traffic, Parking, Standing and Loading
Section 1405 - Clear View Zone
Section 1410 - Impounding of Unoccupied Vehicles Found to be in Violation
Section 1415 - Abandoned Motor Vehicles
Section 1425 - Registration of Bicycles
Section 1435 - Snowmobiles, Motorcycles, and All Terrain Vehicles
4
City of Edina General Code Provisions and Administration 145.05
Section 145 - Recycling and Solid Waste Commission
145.01 Policy and Establishment. The Council, recognizing the need to conserve natural
resources and discourage waste, and in order to improve thereby the overall welfare of the
citizens of the City, does hereby establish the Recycling and Solid Waste Commission (the
"Commission").
145.02 Duties. The Commission shall assist and advise the Council on matters relating
to the establishment and operation of recycling and solid waste programs and policies in
the City and shall make and furnish such studies, reports and recommendations as the
Council may request.
145.03 Membership. The Commission shall consist of six members appointed by the
Mayor with the consent of a majority of the Council. Members of the Commission shall
be residents of the City, shall be appointed for a term of two years and serve until a
successor shall have been appointed. Upon termination of a member's term, that member's
successor shall be appointed for the remainder of such term. Members of the Commission
shall serve without compensation and may resign voluntarily or be removed by majority
vote of the Council or pursuant to Section 180 of this Code. Commission members who
discontinue legal residency in the City may be removed from office by the Mayor with the
consent of a majority of the members of the Council.
145.04 Organization. The Commission shall:
A. Elect from its members a chair and a vice chair, each of whom shall serve for
a period of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City. If a secretary is assigned by the City, the secretary shall
perform only such clerical duties on behalf of the Commission as may be assigned
by the chair with the consent of the Manager. Additional advisory staff may be
assigned to the Commission by the Manager.
145.05 Meetings. All meetings of the Commission shall be open to the public, be
governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The
Commission shall hold its regular meetings on such fixed date and in such fixed place as
it from time to time shall determine. The minutes of all meetings shall be recorded and
a copy thereof transmitted to each member of the Council.
History: Ord 10710-24-74; amended by Ord 107 AI 11-21-74
Cross Reference: Section 180
145 - 1
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SECTION 185 - SCHEDULE A
FEES AND CHARGES
1998
SECTION 185-SCHEDULE A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
200 200.04 Public dance permit $35.00 1
215 215.04 Bingo occasion, gambling $10.00 per permit 5
device, raffle permit
220 220.04 Machine or amusement device $45.00 annually per establishment, 10
License plus $7.00 per machine 11
300 300.02, Redemption of impounded animals $15.00 per day for feeding and care, any veterinarian 15
Subd. 2 services and impounding fee of:
(a) If animal has not been impounded within one year 16
prior to the date of impounding $35.00.
(b) If animal has been impounded once within the year 17
prior to the date of impounding - $60.00.
(c) If animal has been impounded twice or more within 18
one year prior to the date of impounding $110.00.
300 300.02, Disposal of animal $15.00 per animal 19
Subd. 3
300 300.03, Dog license $25.00 per dog or $12.00 per neutered dog 20
Subd. 3
300 300.03, Dog license renewal $11.00 per dog or $8.00 per neutered dog 21
Subd. 3
300 300.03, Dog license renewal $25.00 per dog or $12.00 per neutered dog 21a
Subd. 3 (late charge after March 1)
300 300.03, Duplicate dog license tag $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, $100.00 25
or erosion control
site plan permit
185-1 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
410 410.02, Building permit If total valuation of work is: Then amount is: 30
Subd. 1 $1.00 to $500.00 * $21.00
$501.00 to $2,000.00 * $21.00 for first $500.00 plus 31
$2.75 for each additional
$100.00 or fraction thereof to
and including $2,000.00
$2,001.00 to $25,000.00 * $62.25 for first $2,000.00 32
plus $12.50 for each additional
$1,000.00 or fraction thereof to
and including $25,000.00
$25,001.00 to $50,000.00 * $349.75 for first $25,000.00 33
plus $9.00 for each additional i
$1,000.00 or fraction thereof to
and including $50,000.00
$50,001.00 to $100,000.00 * $574.75 for first $50,000.00 34
plus $6.25 for each additional
$1,000.00 or fraction thereof
to and including $100,000.00
$100,001.00 to $500,000.00 * $887.25 for the first 35
$100,000.00 plus $5.00 for each
additional $1,000.00 or fraction
thereof to and including
$500,000.00
$500,001.00 to $1,000,000.00 * $2887.25 for the first 36
$500,000.00 plus $4.25 for each
additional $1,000.00 or fraction
thereof to and including
$1,000,000.00
$1,000,001.00 and up * $5012.25 for the first 37
$1,000,000.00 plus $2.75 for
each additional $1,000.00 or
fraction thereof
* plus surcharge pursuant to M.S. 16B.70
Plan Review 65% of Permit Fee 37a
185-2 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
410 410.02, Reinspection fee assessed under $42.00 per hour or the total hourly cost to City, 38
Subd. 1 provisions of UBC, whichever is greatest. (Includes supervision, overhead,
Section 108.8 equipment, hourly wages and fringe benefits of
employees involved.)
410 410.02, Building Code compliance $150.00 Residential 39
Subd. 1 inspection $320.00 Commercial 40
410 410.02 Residential building $ 5.00 surcharge pursuant to M.S. 326.86 41
Subd. 3 contractor, remodeler, or
specialty contractor license
verification
415 415.02 Permit for moving of building $212.00 45
415 415.02, indemnity deposit for damages $530.00, unless licensed by Commissioner of Transportation 46 i
Subd. 3 sustained by moving of
building
421 421.03 Annual registration $200.00 50
421 421.04 Minimum permit fee $ 70.00 50a
421.04 Per additional excavation $ 30.00 50b
(paved area)
421.04 Per additional excavation $ 15.00 50c
(unpaved area)
421.04 Underground utility/telecom $ 40.00/100 L.F. 50d
installation - directional
boring or tunneling (in
addition to minimum permit fee)
421.04 Underground utility/telecom $ 55.00 per 100 L.F. 50e
installation - open trenching
(in addition to minimum
permit fee)
421.04 Overhead utility/telecom $ 5.00 per 100 L.F. 50f
installation(in addition to
minimum permit fee)
53
430 430.03, oil burner installer's license, $ 55.00 55
Subd. 8 stoker installer's license,
steam or hot water heating
installer's license, mechanical
warm air heating and air condition-
ing installer's license, refrigeration
installer's license
185-3 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
430 430.03, Gas piping installer's $ 55.00 56
Subd. 8 license
435 435.07 Gas piping permit Minimum Fee:
Residential - $22.00 plus surcharge pursuant to M.S. 16B.70 60
Commercial - $27.00 plus surcharge pursuant to M.S. 168.70 61
Installation or testing $25.00 61a
of RPZ backflow preventers
Fee Calculations:
8 0 - $ 1,000 * $ 16.00 plus 3.10% > $ 500.00 62
S 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. 168.70
435 435.07 Oil burner, stoker, steam or Minimum Fee:
hot water heating, mechanical
warm air heating and air Single Family $22.00 plus surcharge pursuant to M.S. 168.70 68
conditioning or refrigeration Commercial $27.00 plus surcharge pursuant to M.S. 168.70 69
permit
All fees for above permits based on contract price as follows:
0 - 1,000.00 * $ 16.00 + 3.10% of anything over $ 500.00 70
1001.00 - 5,000.00 * 31.50 + 2.60% of anything over 1,000.00 71
,001.00 - 10,000.00 * 135.50 + 2.15% of anything over 5,000.00 72
0,001.00 25,000.00 * 243.00 + 1.85% of anything over 10,000.00 73
5,001.00 - 50,000.00 * 520.50 + 1.65% of anything over 25,000.00 74
0,001.00 - and over * 933.00 + 1.30% of anything over 50,000.00 75
* plus surcharge pursuant to M.S. 168.70
440 440.04 Plumbing or water
conditioning permit Fees same as for gas piping permit 75a
440 440.04 Water conditioning equipment $25.00 plus surcharge pursuant to M.S. 168.70 76
installation permit
185 4 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
450 450.05 Swimming pool construction Same as the amount of the fee for a building permit 80
(see Subsection 410.02, Subd. 1, fees)
450 450.27, Public or semi-public swimming $370.00 per annum for each pool enclosed part or all of the 81
Subd. 4 pool license year
$200.00 per annum for each outdoor pool 82
450 450.27, Public or semi-public whirlpool $ 100.00 per annum for each bath or pool 83
Subd. 4 bath or therapeutic swimming
pool license
460 460.06, Sign permit $ 60.00 85
Subd. 1
Bench courtesy sign permit $ 12.00 per annum 86
460 460.06, Sign variance fee $125.00 for residential property 87
Subd. 6 $250.00 for commercial property 88
475 475.03, Parking ramp license $100.00 per annum 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 $ 75.00 96
requiring a special hazard permit
Class it: Special hazard inspection involving various $125.00 97
hazardous materials and/or processes in occupancies
of buildings less than 3000 sq ft in area
Class III: Special hazard inspection primarily $175.00 98
directed at, but not limited to, buildings or
occupancies 3000 sq ft or larger where any of the
following are present:
A. Multiple hazards
B. Storage handling, and/or processes involving
dangerous or toxic materials, substances and/or
processes
C. Occupancies in which evaluation or high
valuation presents unique circumstances
185-5 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
615 615.03 License to service fire $30.00 per annum per person to be licensed 100
extinguishers
620 620.04 Permit fee for cleaning of $75.00 for each permit 105
commercial cooking ventilation
system
625 625.04 Sprinkler permit fees: 110
Number of Heads
1 - 5 * $ 50.00 (minimum fee)
6 - 25 * E 75.00
26 - 50 * $145.00
51 - 75 * $190.00
76 - 100 * $225.00
101 - 125 * $255.00 ++
126 - 150 * $270.00 I
151 - 175 * $290.00
176 - 200 * $310.00
201 Plus * $330.00 for first 200 plus $1.00 for each additional head
* plus surcharge pursuant to M.S. 16B.70
625 625.03 Fire pump installation and $90.00 118
associated hardware
Standpipe installation $90.00 119
Each additional standpipe $10.00 120
625 625.03 Fire alarm system permit Same as for a building permit (see Subs. 410.02, Subd 1 fees) 121
635 635.02 False fire alarm $300.00 for the third and each subsequent response within one
calendar year 125
710 710.04, Private sewage disposal system $30.00 130
Subd. 3 permit
185-6 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
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 $545.00 per annum, $495.00 if certified pursuant to 135
Subd. 3 Subsection 720.04, Subd. 3 C of this Code,
plus $140.00 per annum for each additional facility
Day care, limited food $170.00 per annum 136
establishment license
Take-out food facility $365.00 per annum, $315.00 if certified pursuant to 137
license Subsection 720.04, Subd. 3 C of this Code
Packaged food sales license $160.00 per annum 138
Food warehouse license $90.00 per annum 139
Catering food establishment $545.00 per annum, $495.00 if certified pursuant to 140
license Subsection 720.04, Subd. 3 C of this Code,
plus $140.00 per annum for each additional facility
Itinerant food establishment $90.00 per event 141
license
Retail candy shop license $70.00 per annum, plus $10.00 per annum for each additional 142
facility
Potentially hazardous food $110.00 per annum 143
vehicle license
Fleet of 5 or more potentially $550.00 per annum 144
hazardous food vehicles
license
Catering food vehicle license $200.00 per annum, plus $45.00 per annum for each additional 145
vehicle
Food vehicle license $110.00 per annum 146
Fleet of 5 or more $550.00 per annum 147
food vehicles license
Pushcart License $160.00 per annum 147a
185-7 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
720 720.04, Food vending machine license $15.00 per annum 148
Subd. 3
720 720.06, Food establishment plan review 1. Minimum fee - $25.00 149
Subd. 5 2. New construction - 100% of food establishment license fee 150
based upon ultimate food establishment category.
3. Addition to, remodeling, repair or renovation of existing 151
food facility - 50% of food establishment license based upon
ultimate food establishment license category.
735 735.03 Hotel, lodging or boarding Hotels - $270.00 for 1-50 rooms and $2.00 per each room 155
house license over 50
Lodging and boarding houses - $70.00 per location 156
740 740.04 Parking Garage License $35.00 157
Parking Garage Inspection Fee $65.00 158
810 810.09, Neighborhood property owner $1.00 per owner name 160
Subd. 3 C. list
810 810.09 Plat and subdivision filing fee For division of one or more lots where no new buildable
lots are created: $100.00 per lot 161
For all other plats and subdivisions:
$400.00 plus $50.00 per lot 162
810 810.09, Developer's agreement fee for 6.5% of the total construction cost of such public
Subd. 2 City services rendered in improvements 163
connection with required street,
water and sewer improvements
185-8 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
815 815.03 Permit fee for antennas, dish Same fee as for a building permit 165
antennas and towers (see Subsection 410.02, Subd. 1 fees)
820 820.01 Filing of application for $200.00 170
vacation of street, alley or
easement
830 830.05, Permit fee for tree removal Same fee as for a building permit 175
Subd. 1 or grading (see Subsection 410.02, Subd. 1 fees)
830 830.05, Permit fee for open pit or Same fee as for a building permit 176
Subd. 1 excavation of 100 cubic (see Subsection 410.02, Subd. 1 fees)
feet or more
845 845.04 Restricted access parking lot $500.00 180
License
Renewals:
0-50 spaces $100.00 181
51-100 spaces $150.00 182
100-200 spaces $250.00 183
Over 200 spaces $400.00 184
850 850.04, Variance fee Residential $150.00. 190
Subd. 1 C. Commercial $250.00 191
850.04, Fee for transfer of land to $400.00 for (one) R-2 lot 192
Subd. 2 A.2 another zoning district $500.00 for (two) R-2 lots 193
$750.00 for alt other transfers 194
850 850.173, Temporary retail sales in PID $300.00 for first permit, $200.00 for subsequent permits 195
Subd. 4 C.1a permit
850 850.04, Conditional use permit Fee shall be equal to City staff time expended and 196
Subd. 4 A.2 City's direct costs incurred in processing application.
$500.00 deposit with application submission.
Additional deposits of $500.00 shall continue to be
made as prior deposits are expended. Deposits not
expended shall be refunded to applicant.
850 850.04, Temporary conditional use $ 75.00 197
Subd. 5 C.1 permit
850 850.10, Landscaping inspection $100.00 198
Subd. 1 D.
850 850.04, Application fee for final $500.00 199
Subd. 6 development plan
185-9 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
900 900.06, Club Sunday sale liquor $200.00 per annum 205
Subd. 1 license
900 900.06, Club on-sale liquor license $675.00 per annum 206
Subd. 1
900 900.06, Non-intoxicating malt liquor
Subd. 1 license:
On-sale $245.00 per annum (renewal) 207
$310.00 per annum (new) 208
900 900.04, Off-sale $245.00 per annum (renewal) 209
Subd. 2 $310.00 per annum (new) 210
900 900.16, Temporary on-sale non- $55.00 211
Subd. 3 intoxicating malt liquor license
900 900.16, On-sale wine license Per year - Restaurants with 50 or fewer seats - $805.00 212
Subd. 1 51 - 100 seats, inclusive - $875.00 213
101 - 150 seats, inclusive - $950.00 214
Over 150 seats - $1015.00 215
900 900.17, Manager's license $75.00 per year 216
Subd. 6.A
1020 1020.02 False automatic alarm $100.00 for the third and each subsequent response 220
1040 1040.08 Loudspeaker permit $11.00 per permit 225
1045 1045.05 Variance fee for storage of $50.00 230
RV's, boats, etc.
1100 1100.03, Sewer service charge:
Subd. 2 Single family dwellings, town Based upon water usage during winter quarter.
houses, two-family dwellings, (Three month period falling between
apartment buildings November 1 and March 1)
containing four or less
dwelling units:
To and including 1600 $28.00 quarter 235
cubic feet
From 1601 cubic feet and $1.75 per 100 cubic feet 236
over
Apartment buildings with more $25.00 for each unit over four, or $1.75 per 237
than four dwelling units hundred cubic feet of water used during the quarter,
whichever is greater
185-10 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
1100 1100.03, Sewer service charge: $34.00 per water meter or approved sewage metering device 238
Subd. 2 Commercial and industrial on premises, or $1.75 per hundred cubic feet of water
buildings, including schools used during the quarter, whichever is greater
and churches
1100 1100.03, Industrial user extra strength As allocated to City by Metropolitan Waste Control Commission. 239
Subd. 3 charges
1100 1100.03, Shutting off or turning $12.50 for each turn on and for each shut off 240
Subd. 4.A on curb water stops at
customers request or
due to non-payment of bill
1
1100 1100.04, Issuance of water meter Cost for model of meter issued, plus handling charges. 241
Subd. 1.0
1100 1100.03, Water service: 1. $0.62 per 100 cubic feet for areas of City, 242
Subd. 2 except areas described below in 2.
2. $1.52 per 100 cubic feet for Morningside area 243
and for east side of Beard Av. from West 54th St.
to Fuller St. and both sides of Abbott Pl.
from West 54th St. to Beard Av.
3. Excessive use charge $.20/100 cubic feet 244
Meter charge: Up to 3/4 inch meter $ 7.48/quarter 245
1 inch meter 10.15/quarter
1 1/4 inch meter 11.60/quarter
1 1/2 inch meter 13.05/quarter
2 inch meter 21.00/quarter
3 inch meter 79.71/quarter
4 inch meter 101.45/quarter
Flat annual charges as follows:
$2,500.00 - Park Dept for water used for sprinkling 246
and skating rinks
$1,000.00 - Street Dept for water used in flushing streets 247
1105 1105.01, Service Availability Charge $1,000.00 per SAC unit x number of SAC units computed as 250
Subd. 1 (SAC) pursuant to Subsection 1105.01, Subd. 1 of this Code.
1105 1105.02, Charge for connection to City $1,000 minimum or assessment cost of like abutting properties. 251
Subd. 1 water or sewer system
1110 1110.03, Storm water drainage charge $5.00 per quarter pursuant to formula in Subsection 1110.03 255
Subd. 1
185-11 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO,
1205 1205.01 Curb cut permit $35.00 260
1230 1230.07 Sidewalk cafe permit $515.00 261
1235 1235.03, Parking permit $3.50 per month, pro-rated 265
Subd. 2
1235 1235.03, Refund upon return of parking $3.50 per month, pro-rated 266
Subd. 2 permit sticker
1300 1300.02, Refuse or recycling $240.00 per annum for first vehicle, $70.00 for each 270
Subd. 1 hauler license additional vehicle
1325 1325.03 Tobacco sale license $265.00 per location 280
1340 1340.06, License for physical culture $200.00 for business license 285
Subd. 1 and health service or club,
reducing club or salon, sauna
parlor, massage parlor or
escort service
1340 1340.06, License for individual $65.00 for individual license 286
Subd. 1 performing massage or escort
services
1340 1340.06, Individual massage license $25.00 286a
Subd. 1 (additional location)
1340 1340.06, Investigation fee at time of $65.00 287
Subd. 2 original application for an
individual license
1340 1340.06, Investigation fee for a $1,500.00 288
Subd. 2 business license
1345 1345.05 License for sexually-oriented $200.00 per annum 289
Subd. 1 businesses
1345 1345.05 Investigation fee at time of $1,500.00 289a
Subd. 2 original application for license
1400 1400.12 Truck restrictive road permit $10.00 290
185-12 EFF. 1/98
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1350 1350.06, Manager Permit - $25.00 290a
Subd. 1 Still Photography
1350 1350.06, Manager Permit - $100.00 290b
Subd. 1 Motion Photography
1350 1350.06 Council Permit $ 300.00 290c
1410 1410.01 Redemption of impounded vehicle Fee in the amount as posted in Police Department. 291
I
_ 3 — E 58 -
City of Edina Buildings,Construction and Signs 445.03
Section 445 - Requiring Connections to Sanitary Sewer and
Water Systems; Regulating Discharges into Sanitary Sewer System
445.01 Sanitary Sewer Connection Required.
Subd. 1 New Construction. Whenever property abuts any public street or alley
in which sanitary sewer mains have been constructed, the owner of every residential
or non-residential principal use building hereafter constructed, reconstructed, or
placed on such property, and as a part of such construction, reconstruction, or
placing, shall connect the sewage disposal lines in such building with such mains in
such street or alley.
Subd. 2 Existing Buildings. The owner of every existing residential or non-
residential principal use building which abuts any public street or alley in which
sanitary sewer mains have been constructed, within two years after the date such
sanitary sewer mains did or will become usable, shall connect the sewage disposal
lines in such building with such mains. Such connection shall be made immediately
if such mains are usable and if the private sewage disposal lines for the building on
such property overflow, back up or otherwise fail.
445.02 Separate Sewer and Water Connections for Double Dwelling Unit Buildings or
Townhouses. In addition to the requirements of Subsection 445.01, any principal use
building in the Double Dwelling Unit District (R-2) or any townhouse, as defined by
Section 850 of this Code, that is (i) hereafter constructed, reconstructed, or placed on a
lot, or (ii) now existing but is on a lot hereafter subdivided pursuant to Section 810 of this
Code and or hereafter submitted to M.S. 515A(the Minnesota Uniform Condominium Act),
or (iii) now existing but non-conforming (as defined in Section 850 of this Code) but is
hereafter destroyed or damaged to such an extent that it is required to conform to all
restrictions of Section 850 of this Code, or (iv) now existing and conforming but is
hereafter destroyed or damaged to such an extent that, if it were a non-conforming
building as defined in Section 850 of this Code, it would have to conform to all restrictions
of Section 850 of this Code, and that abuts any public street or alley in which sanitary
sewer or water mains have been constructed, shall have the sewage disposal lines and
water services in each dwelling unit or townhouse unit connected with the sanitary sewer
mains or water mains and that there shall be one separate and independent sewer and
water connection for each such dwelling unit or townhouse unit.
445.03 Failure to Comply; Notice. The Manager may cause written notice of sewer and
water connection requirements to be given to any person required by Subsections 445.01
or 445.02 to make such connections. Such notice shall be mailed by certified mail or
delivered by the Sanitarian, Building Official or Planner by order of the Manager. In the
event that (i) any person, required by Subsection 445.01 to connect an existing building
445 - 1
City of Edina Buildings, Construction and Signs 445.05
to sanitary sewer mains where there has been no overflow, backup or other failure of such
building's private sewage disposal system, fails to complete the making of such
connection(s) within six months after such written notice is given, or (ii) any person,
required by Subsection 445.01 to connect an existing building to sanitary sewer mains
where there has been an overflow, backup or other failure of such building's private
sewage disposal system fails to complete the making of such connection within 15 days
after the written notice is given, the Council may by resolution direct that the required
connection be made and the cost assessed against the benefitted property as set forth in
Subsection 445.06.
445.04 Withholding Approval of Plat or Subdivision. If connections are required because
of the subdivision or submittal to the Minnesota Uniform Condominium Act of a lot in the
Double Dwelling Unit District (R-2), or because of platting or subdivision or submittal to
the Minnesota Uniform Condominium Act of property to permit sale of individual
townhouses or individual lots or individual dwelling units, the connections shall be made
in connection with such platting or subdivision or submittal, and approval of the platting
or subdivision or submittal by the Council may be conditioned upon and withheld until
completion of the required connections.
445.05 Waiver by Construction Board of Appeals. Notwithstanding anything herein to
the contrary, any connection requirement may be waived by the Construction Board of
Appeals upon request of the owner of the property for which the waiver is requested and
upon a finding being made by the Board that a hardship exists that is not a mere
inconvenience and that is caused by the physical character of, and cost of compliance with,
the connection requirement and not by the owner or any person having an interest in the
property, and that the waiver will not be substantially detrimental to the public welfare or
to other lands or improvements in the neighborhood of the property. If the waiver is from
the requirements of Subsection 445.01, such waiver shall be granted upon the condition
that the owner of such property or properties shall comply with Section 710 of this Code.
If the waiver is from the requirements of Subsection 445.02, such waiver shall be granted j
upon the further condition that the owner or owners of the property or properties shall
execute and deliver to the City a recordable agreement, in form and substance acceptable
to the Manager, providing:
A. That the City shall not be liable to any owners or occupiers of the property or
properties for any damage or injury to persons or property resulting from a lack of
the required separate and independent connections;
B. That all owners of the property or properties served by less than the required
separate and independent connections shall share equally in any costs incurred as
a result of not having the required separate and independent connections and shall
pay equally all sewer and water charges made for services to such property or
properties;
C. That the City may determine the charges for water and sewer usage by
445 - 2
City of Edina Buildings, Construction and Signs 445.08
allocating consumption equally among all properties using the common connection
and totaling the separate charges based upon such allocation;
D. That the City may discontinue water and sewer services to such property or
properties pursuant to Section 1100 of this Code even though such discontinuance
will affect property in addition to that of the persons causing the delinquency; and
E. That, if the property or properties are thereafter platted or subdivided or
submitted to the Minnesota Uniform Condominium Act, to permit the sale of
individual townhouses or individual lots or individual dwelling units, the City may
require that, in connection with such platting or subdivision or submittal, each such
individual townhouse, lot or dwelling unit shall have sewage disposal lines and
water lines connected directly and separately from all other townhouses or lots to
the sanitary sewer mains and water mains serving such townhouse, lot or dwelling
unit.
445.06 Assessment and Collection. After installation and connection is completed in
accordance with Council's resolution pursuant to Subsection 445.03, the Clerk shall serve
a written notice of the assessment upon the owner or owner's representative directing the
owner to pay said assessment to the City within ten days after the service of said notice.
If such assessment is not paid within ten days, the Clerk shall certify the amount of the
assessment to the county auditor for collection with interest in the same manner as other
special assessments and the same shall become a lien upon the property until paid;
provided, the Council may by resolution provide that the assessment be spread over a term
of up to ten years upon request of the owner of the property or the owner's representative.
Interest shall be charged on such assessment in the manner and at the rate then charged
by the City in connection with special assessments.
445.07 Certain Connection Prohibited. No person, owner, lessee or occupant of any
parcel of land, building or premises shall discharge, or permit to be discharged, directly or
indirectly, into the sanitary sewer system,water from roofs, yards, lawns, streets, or alleys;
water or other fluid used for the operation of air cooling and air conditioning equipment,
plants or units; nor discharge or permit to be discharged, directly or indirectly, into the
sanitary sewer system, any surface or subsurface waters, any gravel, sand, dirt, or any
other heavy material or any substance causing any extraordinary obnoxious odors or gases.
445.08 Removal of Prohibited Connections. Any person, owner, lessee or occupant, and
any plumber or building contractor who has presently made or permitted to be made, or
shall make or permit to be made, any connection to the sanitary sewer system for the
purpose of discharging into the system any of the substances described in Subsection
445.07 shall immediately remove such connection. If such connection is not removed
within 15 days after notice of the violation delivered personally to such person, owner,
lessee or occupant, or posted in the premises where such violation has occurred, the
Council may order the Manager to remove the connection. The expense of the removal
shall be assessed, with interest, against the premises and certified to the county auditor for
445 - 3
City of Edina Buildings,Construction and Signs 445.08
collection in the same manner as other special assessments and with interest at the same
rate then charged on other special assessments, and the same shall become a lien on the
property until paid. Any such person, owner, lessee, occupant, plumber or building
contractor, in addition, shall be subject to the provisions of Subsection 100.09.
History. Ord 431 codified 1970; amended by Ord 431 Al 2-18-76, Ord 431-A2 11-3-76,
Ord 431-A3 5-13-81, Ord 431-A4 12-2-81
Reference. M.S. 444.075, 445.01, 515A
Cross Reference. Sections 710, 810, 850, 1100, Subsection 100.09
445 - 4
City of Edina Buildings, Construction and Signs 460.02
Section 460 - Signs
460.01 Purpose and Intent. The purpose of this Section is to protect and promote the
general welfare, health, safety and order within the City through the establishment of a
comprehensive and impartial series of standards, regulations and procedures governing the
erection,use and display of devices, signs or symbols serving as visual communicative media to
persons situated within or upon public rights-of-way or properties.
The provisions of this Section are intended to encourage creativity, a reasonable degree of
freedom of choice, an opportunity for effective communication, and a sense of concern for the
visual amenities on the part of those designing, displaying or otherwise utilizing needed
communicative media of the types regulated by this Section; while at the same time, assuring that
the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or
unnecessary use of such communicative facilities.
460.02 Terms and Definitions.
Subd. 1 Terms.The following terms have the meanings provided by Section 850 of
this Code:
A. Accessory Use.
B. Building.
C. District. (References in this Section to a District, shall mean that district as
established by Section 850.)
D. Frontage.
E. Lot.
F. Principal Building.
G. Shopping Center.
H. Structure.
I. Through Lot.
J. Tract.
Subd. 2 Definitions. Unless the context clearly indicates otherwise, the following
words and phrases have the meanings given in this Section:
460-1
City of Edina Buildings, Construction and Signs 460.02
Abandoned Sign. A sign which no longer identifies or advertises a bona-fide
business, lessor,lessee, service, owner,building occupant or activity, or a sign for
which no legal owner can be found.
Accessory Sign. A sign relating in its subject matter to the lot or tract on which
it is located, or to products, accommodations, services or activities on the
premises on which it is located.
Address Sign. Postal identification numbers only, whether written or in numeric
form, having a sign area of six square feet or less.
Area Identification Sign. A sign which identifies the name of a neighborhood,
a residential subdivision, a multiple residential complex consisting of two or more
principal buildings, a shopping center or area, an office complex consisting of two
or more principal buildings or any combination of the above that could be termed
an area.
Awning or Marquee. A roof-like structure of rigid or semi-rigid materials
attached to and extending from the facade of a principal building.
Banners and Pennants. Devices which resemble flags and are of cloth or
plastic-like consistency, and may be square, rectangular or triangular in shape.
Bench Sign. A sign which is affixed to a bench.
Building Identification Sign. A freestanding sign or wall sign bearing the name
of a building or occupant in a residential building or the name of a tenant or
business in a non-residential building. Address signs exceeding six square feet are
deemed building identification signs.
Canopy. A roof-like structure, located on the same lot as the principal building,
that is either freestanding or attached to the principal building.
Church Directional Sign. A sign which bears the address and name of a church
and directional arrows pointing to a church location.
Clear View Zone. The triangular portion of a corner lot formed by connecting
the following three points: the point of intersection of the extensions of the curb
lines or edge of the travelled portion of each street, and a point on each curb line
30 feet from the aforementioned point of intersection.
Flag. The official flag of any country, state or municipality.
Freestanding Sign. A self-supported sign which is placed in the ground and not
460-2
City of Edina Buildings, Construction and Signs 460.02
affixed to any part of any structure. Freestanding signs include monuments and
area identification signs.
Governmental Sign. A sign which is erected by a governmental unit for the
purpose of directing or guiding traffic, or providing public information.
Governmental signs include community bulletin boards, area identification sign
directions, or banners erected by the City of Edina.
Height. The distance measured from the average ground elevation adjoining a
freestanding sign to the highest point of a freestanding sign.
]Illuminated Sign. Any sign which is illuminated by an artificial light source.
Monument. A structure built on grade,not supported by poles, posts or a pylon,
which is constructed of brick, stone or stucco and to which a sign is affixed.
Motion Sign. Any sign which revolves, rotates or has any moving parts.
Nameplate Sign. A sign which bears the name or address of the occupants of the
building.
Non-Accessory Sign. A sign other than an accessory sign.
Non-Commercial Opinion Sign. Any sign which is not a commercial sign and
which expresses an opinion which is deemed by the State or federal courts to have
greater protection under the constitution of the United States or the State than a
commercial sign. For purposes of this definition a commercial sign is any sign
which advertises or identifies a product, business, building, place, service, event
or any other matter or thing of a commercial nature, even though the matter or
thing may be related to or involve a non-profit organization.
Non-Conforming Sign. A sign which lawfully existed prior to the adoption of
this Section but does not conform to the requirements of this Section.
Permanent Sign. Any sign which is not a temporary sign.
Portable Sign. A sign so designed as to be movable from one location to another
which is not permanently attached to the ground or any structure.
Projecting Sign. Any sign or any part thereof which extends by more than 12
inches over public property, a street right-of-way, or public sidewalk. Signs
integral to awnings, canopies, or marquees are not projecting signs.
Roof Sign. Any sign erected upon a roof or projecting above the eave line or a
460-3
City of Edina Buildings, Construction and Signs 460.03
parapet of a building to which it is affixed.
Sign. Any letter, word or symbol, logo, device, banner, pennant, beacon,
searchlight, poster, picture, statuary, reading matter or representation in the
nature of an advertisement, announcement, message, or visual communication
whether painted, posted, printed, affixed or constructed, which is displayed
outdoors for informational or communicative purposes.
Sign Area. Sign area shall mean (i) the smallest single rectangle which can be
made to circumscribe the letters, message, symbol, logo, or figure inscribed into
or directly onto a building or a monument and not affixed to a sign panel, or(ii)
the smallest single rectangle which can be made to circumscribe a sign panel
which bears the letters, message, symbol, logo, or figure.
Sign Panel. The display surface upon which the message is painted or inscribed
and which is attached to a building or structure.
Temporary Sign. A sign which is erected or displayed for a limited period of
time. Such temporary signs shall include those listed in Subsection 460.03.
Traffic Directional Sign. A sign which is erected on private property by the
owner of such property for the purpose of guiding vehicular and pedestrian traffic.
Such sign bears no advertising information.
Wall Sign. A sign affixed to the wall of any building including projecting signs
and signs affixed to marquees, awnings, or canopies.
460.03 General Provisions Applicable to all Zoning Districts.
Subd. 1 Construction,Maintenance and Repair. All signs shall be constructed in
such a manner and of such material that they shall be safe and substantial, and in full
compliance with all requirements of this Code. All signs shall be maintained in a safe,
presentable condition and shall be structurally sound. Defective parts shall be promptly
replaced.
Subd. 2 Illuminated Signs. Illuminated signs shall comply with the following
requirements:
A. No sign shall change in either color or in intensity of light more frequently
than once per hour, except signs giving time, date, temperature or weather
information.
B. All incandescent bulbs or fluorescent tubes, except neon or fiber optic light
sources, shall be shielded with an opaque or translucent material.
460 -4
City of Edina Buildings, Construction and Signs 460.03
C. No sign which is visible from a residential district located within 200 feet of
the sign shall be illuminated between 10:00 P.M. and 7:00 A.M.; provided,
however such signs may be illuminated at any time when the use identified by the
sign is open for business.
D. The Planner may specify additional restrictions regarding the hours of
illumination as a condition to the issuance of a permit.
Subd. 3 Placement. All signs shall comply with the following requirements:
A. No sign, other than governmental signs which are official traffic regulatory
signs, shall be placed within any street right-of-way.
B. No freestanding sign or any portion thereof other than governmental signs
shall be erected or placed within 20 feet of the travelled portion of any public
street.
C. No sign shall be erected or placed within 50 feet of any regulatory sign,
warning sign, traffic sign, or signal, or crosswalk unless the Planner concludes it
will not interfere with or confuse drivers or pedestrians.
D. No sign shall be erected or placed in the clear view zone as described in
Section 1405 of this Code. Provided, however, that a freestanding sign may be
erected if:
1. At least ten feet of clearance is maintained between the ground and the
bottom of the sign and the sign is supported by a single pylon of 12 inches
or less in diameter, or
2. The sign and all supporting materials do not exceed three feet in height
as measured from the highest point on the curb to the highest point on the
sign.
Subd. 4 Campaign Signs. Subject to the applicable provisions of M.S. 21113.045,
signs may be posted from August 1 in a state general election year until ten days following
the state general election. Campaign signs erected in connection with elections held at
times other than a state general election are subject to the following restrictions:
A. Maximum Size- six square feet.
B. Maximum Number- one sign for each candidate per frontage.
C. Maximum Duration- 60 days prior to the election until seven days following
the election.
460-5
City of Edina Buildings, Construction and Signs 460.03
Subd. 5 Non-Commercial Opinion Signs. Subject to the provision of Subsections
460.03 and 460.04, non-commercial opinion signs are permitted as follows:
A. In all residential districts subject to the following restrictions:
All other
R-1 and R-2 Districts
1. Maximum size 6 sq. ft. 15 sq. ft.
2. Maximum number 1 per lot 1 per lot
3. Maximum height 6 ft. 6 ft.
B. All non-residential districts subject to the following restrictions:
1. Maximum size 15 sq. ft.
2. Maximum number 1 per tract
3. Maximum height 6 ft.
Subd. 6 Orientation of Signs on Corner Lots or Through Lots. When more than
one sign is permitted due to multiple frontages, each permitted sign must be oriented
toward its respective frontage. It is the intent herewith to prohibit lots with multiple
frontages from combining sign rights so as to erect larger signs or additional signs that are
oriented to only one frontage.
Subd. 7 Temporary Construction Signs - New Buildings. One temporary
construction sign may be installed upon a construction site of a new building with ten or
more dwelling units or any new non-residential principal use building denoting the name
of the owner, architect, engineer, contractor and lender, provided such sign does not
exceed 32 square feet in area. Temporary construction signs measuring six square feet
or less in sign area are permitted for new residential buildings of less than ten dwelling
units. Temporary construction signs shall be removed upon issuance of a certificate of
occupancy for any part of the building. Freestanding signs shall not exceed ten feet in
height.
Subd. 8 Temporary For Sale Signs - Existing Buildings and Vacant Land. A
temporary sign may be erected for the purpose of selling or leasing a residential or non-
residential building or selling vacant land provided:
A. Such signs shall not exceed 16 square feet for non-residential buildings,
residential buildings of ten or more dwelling units, or vacant land. Provided,
460-6
City of Edina Buildings, Construction and Signs 460.03
however, such signs may be increased to not more than 32 square feet if the lot
or tract abuts a highway with a speed limit of 50 miles per hour or more and the
sign is oriented to such highway. Temporary signs for the purpose of selling or
leasing one vacant lot in the R-1 or R-2 Districts or a residential building of less
than ten dwelling units shall not exceed six square feet.
B. Only one such sign shall be permitted per building or vacant lot or tract. If the
building is one of two or more buildings which together comprise a tract, then
only one sign per tract shall be permitted.
C. Signs for non-residential projects shall be located no closer than 100 feet to
any pre-existing residence.
D. Freestanding signs shall not exceed ten feet in height.
E. All sign surfaces including legs and support members shall be painted and
maintained in a crack free and blister free condition.
Subd. 9 Building Leasing or Rental Signs. The maximum allowed sign area of a
building identification sign or an area identification sign may be increased by 20 percent
or 16 square feet, whichever is less, for the purpose of displaying information regarding
the rental or leasing of space or dwelling units. Such rental or leasing information shall:
A. Be integral to the building identification or area identification sign.
B. Be constructed of the same materials and colors as the building
identification or area identification sign.
If the building identification sign or area identification sign area is increased in accordance
with this Subdivision,then no temporary sign as permitted by Subd. 8 of this Subsection
shall be placed on the property.
Subd. 10 Multi-Faced Signs. The total sign area of any multi-faced sign shall not
exceed twice the permitted area of a single-faced sign. The angle of incidence between
any two faces of a multi-faced sign shall not exceed 60 degrees.
Subd. 11 Traffic Directional Signs. Traffic directional signs shall not exceed six
square feet in area.
Subd. 12 Projecting Signs. Projecting signs shall be permitted only in the Planned
Commercial District, subject to the following restrictions:
A. The maximum sign area shall be 20 square feet per facing.
460 -7
City of Edina Buildings, Construction and Signs 460.03
B. Not less than eight feet of clearance shall be provided between the sidewalk
elevation and the lowest point of the projecting sign.
C. Signs shall project from the face of the building no more than the lesser of(i)
one-third of the sidewalk width, or(ii)six feet. Sidewalk width shall be measured
perpendicular to the face of the building at the proposed sign location.
D. The maximum sign area of wall signs located on the same building of the
projecting sign shall not exceed five percent of the wall area.
E. Proof of insurance and indemnification shall be provided in accordance with
Subd. 5 of Subsection 460.06.
Subd. 13 Awnings, Canopies, or Marquees.
A. Awnings, canopies or marquees shall be considered as part of the wall area
and thus shall not warrant additional sign area.
B. Awnings, canopies or marquees constructed of transparent or translucent
material shall be deemed to be a sign panel for purposes of determining sign area.
Subd. 14 Address Signs. One address sign shall be required per building in all
districts.
Subd. 15 Bench Signs. Bench signs shall be permitted only at bus stops and shall not
be permitted in residential districts.
Subd. 16 Church Directional Signs. Church directional signs shall be permitted in all
districts provided the total area of such signs shall not exceed four square feet per facing.
Subd. 17 Signs Located on Interiors of Buildings. Signs which are located on the
interior of a building and are not visible from outside of said building shall be exempt from
the provisions of this Section and shall not require permits or payment of fees.
Subd. 18 Temporary Subdivision and Rezoning Signs. Temporary subdivision and
rezoning signs, as required by Sections 810 and 850 of this Code, shall be exempt from
the provisions of this Section and shall not require permits or payment of fees.
Subd. 19 Temporary Garage and Estate Sale Signs. Signs promoting occasional
sales in residential areas, as permitted in Subsection 850.07, Subd. 12 of this Code, may
be placed on the lot where the sale is taking place provided:
A. Such signs shall not exceed six square feet.
g q
460 -8
I
City of Edina Buildings, Construction and Signs 460.04
B. One sign is permitted per frontage.
C. Such signs shall be removed at the end of the sale.
Subd. 20 Home Security Signs. Signs which advise of home security systems may be
erected provided:
A. Such sign shall not exceed one square foot.
B. One sign is permitted per frontage.
Subd. 21 Monuments. Monuments shall not exceed eight feet in height.
Subd. 22 Banners and Pennants. Banners and pennants are permitted only as
follows:
A. During a one week period of time on the occasion of the initial opening of a
new business.
B. As an integral part of the design of a building. In such cases, the banner must
be made of a durable material and designed to be permanently affixed to the
building.
Subd. 23 Flags. Not more than three flags may be displayed on each lot or tract.
460.04 Prohibited Signs. The following signs are prohibited in all districts:
A. Non-Accessory Signs.
B. Indecent Signs. Signs containing offensive or indecent symbols, pictures, or written
material.
C. Roof Signs.
D. Motion Signs.
E. Portable Signs.
F. Signs, other than Governmental Signs,which are attached to utility poles, street lights
or trees.
G. Searchlights or Beacons.
H. Vehicles with Signs. It is the intent of this Subdivision to prohibit the use of a vehicle
460 -9 1
City of Edina Buildings, Construction and Signs 460.05
for the purpose of providing signage. In addition to the requirements imposed by
Sections 850 and 1045 of this Code, vehicles bearing signs exceeding two square feet in
area must comply with the following restrictions:
1. Such vehicles may not be parked within 50 feet of a public road right-of-way.
2. Such vehicles may not bear a sign constructed of paper, cloth, canvas, wood
or other material not integral to the body of the vehicle.
3. Such vehicles may not be parked in a location visible from public streets for
periods longer than four hours during any 24 hour period.
I. Neon or fiberoptic light sources which are not within the permitted sign area.
J. Abandoned Signs.
460.05 District Regulations. Subject to provisions of Subsections 460.03 and 460.04, the
following building identification signs and area identification signs are permitted in each specific
zoning district:
Subd. 1 R-1,R-2, and PRD-1 Districts:
Type Maximum Number Maximum Area Maximum Height
Nameplate or One per 2 sq. ft. 6 ft.
Address dwelling unit
Building One per frontage 24 sq. ft. 6 ft.
Identification
(churches, schools,
golf courses, public
facilities only)
Area One per 24 sq.ft. 6 ft.
Identification development
Subd. 2 All Residential Districts Except R-1, R-2, PRD-1 and the Mixed
Development District.
Type Maximum Number Maximum Area Maximum Height
Building One per building 12 sq. ft. 6 ft.
Identification
Area One per 24 sq. ft. 6 ft.
Identification development
460-10
City of Edina Buildings, Construction and Signs 460.05
Building One per 24 sq. ft. 6 ft.
Identification building
(convalescent,
nursing, or
rest homes only)
Subd. 3 Automobile Parking District.
Type Maximum Number Maximum Area Maximum Height
Identification One per frontage 6 sq. ft. 6 ft.
Subd. 4. PCD-1, PCD-2,PCD-3, and PCD-4 Districts.
Maximum
Maximum Number Area for
Maximum Wall Freestanding Freestanding Maximum
District Sign Area Signs Sims Hecht
PCD-1 15% of wall One per 80 sq. ft. 8 ft.
area building
PCD-2 15% of wall One per 80 sq. ft. 8 ft.
area building
PCD-3 15% of wall One per 100 sq. ft. 20 ft.
area building for first
per frontage sign, 50 sq.
ft. for each
additional
sign
PCD-4 20% of wall One per 80 sq. ft. 20 ft.
area building for first
per frontage sign, 50 sq.
ft. for each
additional
sign
A. Special Provisions
1. Area identification signs shall be included as part of the maximum
allowable number of freestanding signs.
460 -11
City of Edina Buildings, Construction and Signs 460.05
2. Signs which are integral to the design of a gasoline pump are
permitted.
3. Signs indicating the location of restrooms are permitted.
4. Permanent window signs shall be included as part of the maximum
allowable sign area.
Subd. 5 Regional Medical and Planned Office District.
Use Maximum Number Maximum Area Maximum Height
Buildings four One building 50 sq. ft. for 8 ft.
stories or identification sign first sign,
less per building per 36 sq. ft. for
frontage each additional
sign.
Buildings more One building 80 sq. ft. for 8 ft.
than four identification first sign,
stories sign per building 40 sq. ft. for
per frontage each additional
sign.
Area One per 50 sq. ft. 8 ft.
Identification development
A. Special Provisions. In the Regional Medical District only, one wall sign for
each accessory retail use is permitted. Each permitted sign must be attached to
the ground floor level and may not exceed 15 percent of the ground floor wall
area of the accessory use.
Subd. 6 Planned Industrial District.
Type Maximum Number Maximum Area Maximum Height
Building One per 80 sq. ft. 8 ft.
Identification building
A Special Provisions. In multi-tenant buildings only, one wall sign is permitted
for each tenant having a private entry. The maximum sign area of each sign is 24
square feet.
Subd. 7 Mixed Development District. It is the intention of this Subdivision to
require that all elements of a mixed development be integrated and linked by signs that
express a consistent and uniform design theme.
460 -12
I
City of Edina Buildings, Construction and Signs 460.05
A. Area Identification Signs.
1. MDD-3 and MDD-4. One sign per development not to exceed 50 square
feet.
2. MDD-5 and MDD-6. One sign per development for each frontage.
a. Sign Area-MDD-5
Maximum area of first sign 70 sq. ft.
Maximum area of additional signs 40 sq. ft.
b. Sign Area-MDD-6
Maximum area of first sign 100 sq. ft.
Maximum area of additional signs 70 sq. ft.
3. Maximum Height - eight feet.
B. Building Identification Signs - Residential. One freestanding sign not to
exceed 24 square feet for each building with ten or more dwelling units. One wall
sign not to exceed six square feet for each building. Maximum height - eight feet.
C. Intra-Area Directories. One directory per major entry from a public street to
a development not to exceed ten square feet. Maximum height - six feet.
D. Accessory Retail Signs. One wall sign for each accessory retail use provided
each sign must be attached to the ground floor level and may not exceed 15
percent of the ground floor wall area of the accessory use. All signs shall be
individual letters of uniform size, design and materials.
E. Building Identification Signs- Office.
1. MDD-6. One wall sign per building per frontage and one freestanding
sign per building per frontage. The maximum area of the first wall sign or
freestanding sign shall not exceed 50 square feet and the maximum area of
each additional sign shall not exceed 36 square feet. Maximum height - eight
feet.
2. MDD-3, MDD-4, and MDD-5. One building identification sign per
frontage. The first sign shall not exceed 50 square feet and each additional
sign shall not exceed 36 square feet. Maximum height - eight feet.
460 -13
City of Edina Buildings, Construction and Signs 460.06
F. Retail and Publicly Owned Facilities Signs-NIDD-6. Signs for retail buildings
and publicly owned facilities are permitted in accordance with the PCD-3 District
requirements provided in Subsection 460.05, Subd. 4, provided the maximum area
of freestanding signs shall not exceed 50 square feet.
G. Publicly Owned Facilities-NIDD-3,NIDD-4, and NIDD-5. Signs for publicly
owned facilities in the NIDD-3, NIDD-4, and NIDD-5 Districts are permitted in
accordance with Subsection 460.05, Subd. 1.
H. Suites Hotels and Theatres. Signs for suites hotels and theatres are permitted
in accordance with the PCD-3 District requirements provided in Subsection
460.05, Subd. 4.
I. Special Requirements -Wall Signs. No wall signs shall be placed on walls of
non-residential buildings which directly face, abut or adjoin a public park or
residential uses.
J. Special Requirements-Freestanding Signs. All freestanding signs shall be of
uniform design and scale.
460.06 Administration and Enforcement.
Subd. 1 Permits. Except as provided in Subd. 3 of this Subsection, the owner or
occupant of the lot or tract on which a sign is to be displayed, or the owner or installer
of such sign, shall file an application for a permit with the Planner upon forms provided
by the Planner. Permits must be acquired for all existing, new, relocated, modified or
redesigned signs except those specifically exempted below. The applicant shall submit
with the application a complete description of the sign and a scaled drawing showing its
size, placement, manner of construction, illumination, and such other information as
deemed necessary by the Planner. At the time of application the applicant shall also
submit a fee in the amount required by Section 185 of this Code. If a sign is erected
without a permit,the applicant shall submit an application for a permit and pay a fee that
is two times the fee set out in Section 185. If a sign has not been installed within three
months after the date of issuance of said permit, the permit shall become null and void.
Subd. 2 Sign Identification Decal. Upon issuance of a permit, the Planner shall also
issue a sign identification decal. The permit holder shall attach the decal to the lower left
front surface of the sign. Such decal shall indicate the number of the sign permit.
Subd. 3 Exemptions. The following signs may be erected or displayed without
obtaining a permit therefore; provided, however, such signs must comply with all other
requirements of this Section:
A. A temporary window sign placed within a building and not exceeding 25
460-14 1
City of Edina Buildings, Construction and Signs 460.06
percent of the window area.
B. Signs having a total area of six square feet or less.
C. Governmental signs and signs erected by the Edina Public Schools.
D. Temporary signs as listed in Subsection 460.03, Subd. 4, 5, 7, and 8.
E. Memorial signs or tablets less than six square feet in area containing the name
of the building,its use and date of erection when cut or built into the walls of the
building and constructed of bronze, brass, stone or marble.
F. Signs which are completely within a building and are not visible from the
outside of said building.
G. Temporary subdivision and rezoning signs, as required by Sections 810 and
850 of this Code.
Subd. 4 Violations and Fines. If the Planner finds that any sign or signs regulated
by this Section is or are prohibited as to size, location, content, type, number, height or
method of construction, or are unsafe, insecure or a menace to the public, or if any sign
has been constructed or erected without a permit first being issued, or is improperly
maintained, or is in violation of any other provisions of this Section, the Planner shall give
written notice of such violation to the owner or lessee of the sign. If the owner or lessee
fails to remove or alter the sign so as to comply with the provisions set forth in this
Section within 24 hours following receipt of said notice:
A Such sign may be deemed to be a nuisance and may be abated by the City by
proceedings taken under M.S. Chapter 429, or any other nuisance abatement
procedures allowed by this Code or State Law and the cost of abatement,
including administration expenses, may be levied as a special assessment against
the property upon which the sign is located; or
B. Such owner or lessee may be prosecuted under Subsection 100.09 of this
Code; and
C. The City may exercise any and all other remedies provided by Subsection
100.09 of this Code.
If the owner or lessee shall have been given notice of a violation hereunder and shall have
removed or altered the sign, and shall then re-erect or install a sign which is the same as
or similar to the sign as to which notice of violation was given, such re-erection or
installation shall be deemed a violation of this Section, and no notice of such violation
shall be required.
460-15
City of Edina Buildings, Construction and Signs 460.07
Subd. 5 Insurance. The owner of any projecting sign shall furnish, with a permit
application, proof of self-insurance or that public liability insurance has been procured for
any death or personal injury caused by such sign, in amounts not less than $100,000 for
injury to or death of one person, or$300,000 for any one incident, and of not less than
$50,000 for damage to property arising from any one incident. The owner shall maintain
such insurance in effect at all times that the sign remains in place. The owner shall also
indemnify and hold the City and the City's officials and employees harmless from any loss,
cost, damage and expenses caused by the projecting sign.
Subd. 6 Variances and Appeals. A permit applicant or permit holder may request
a variance from the literal provisions of this Section by filing a petition for a variance with
the Planner. The petition shall be accompanied by a fee in the amount set forth in Section
185 of this Code. A permit applicant or permit holder also may appeal any alleged error
in any order, requirement, decision, or determination made by the Planner in the
enforcement of this Section. Appeals shall be filed in the same manner as provided in
Subsection 850.04 of this Code. Variances and appeals shall be heard by the Zoning
Board of Appeals and decisions of the Board may be appealed to the Council, as provided
in said Subsection 850.04 of this Code. The Board shall grant a variance from the
provisions of this Section only upon finding that:
A. There are exceptional or extraordinary circumstances applicable to the
property or to the intended use that do not apply generally to other property in the
same vicinity and zoning district;
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zoning district,
but which is denied to the property in question;
C. That the strict application of this Section would constitute undue hardship as
defined in Section 850 of this Code, and
D. That the granting of the variance would not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity or
zoning district in which the property is located.
460.07 Non-Conforming Signs.
Subd. 1 Non-Conforming Temporary Signs. Any non-conforming temporary sign
lawfully existing at the time of adoption of this Section shall be made to comply with the
requirements set forth herein or shall be removed within 90 days after the adoption of this
Section.
Subd. 2 Non-Conforming Permanent Signs. Non-conforming permanent signs shall
be allowed to continue in use, but shall not be rebuilt, altered other than to change the
460-16
City of Edina Buildings, Construction and Signs 460.07
message, or relocated without being brought into compliance with the requirements of
this Section. After a non-conforming sign has been removed, it shall not be replaced by
another non-conforming sign.
Subd. 3 Non-Conforming Temporary Signs - South Edina Development
Addition. Temporary construction and real estate signs located on Outlot E and Lot 1,
Block 4, South Edina Development Addition, may continue to exist subject to the
following:
A. The signs may not be increased in sign area or number of signs.
B. The signs may not be relocated.
C. The signs must be removed or brought into conformance with this Section
when either of the following occur:
1. A building is constructed on the lot or outlot occupied by the sign; or
2. A building is constructed on the lot or outlot adjacent to the lot or outlot
occupied by the sign.
Subd. 4 Discontinued Non-Conforming Signs. Whenever use of a non-conforming
sign has been discontinued for a period of 90 days, such use shall not thereafter be
resumed unless in conformance with the provisions of this Section.
History: Ord 451 codified 1970;amended by Ord 451 A16-10-71, Ord 451 A210-24-74, Ord
451-A3 9-11-75, Ord 451-A4 9-8-76, Ord 451-A5 12-10-86, Ord 451-A 6 10-25-89, Ord 451-A 7
3-28-90, Ord 1993-8 6-7-93, Ord 1994-7 7-27-94, Ord 1995-6 8-17-95
Reference:M.S. Chapter 429, M.S. 211B.045
Cross Reference: Sections 185, 810, 850, 1045, Subsections 100.09, 850.04, 850.07
460 -17
City of Edina Health 705.04
Section 705 - Storage, Collection and Disposal of Refuse
and Compostable Materials
705.01 Definitions. Unless the context clearly indicates otherwise, the following terms
shall have the meanings given them in this Subsection:
Subd. 1 Refuse. All solid waste products which are composed wholly or partly
of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial
solid wastes or domestic solid wastes including organic wastes or residues of
animals, meat, fruit, vegetables, grains or fish; animal excreta or carcasses of
animals; rubbish including wood, leaves, vegetation, tree trimmings, dead trees and
shrubs,branches, sawdust, shavings,grass,paper products, straw,rags, clothing and
all other combustibles; waste matter composed of soil, clay, sand, earth, gravel, fill,
stones, bricks, plaster, glass, glassware, crockery, ashes, cinders, shells, metal and
other non-combustibles; waste debris resulting from the construction, demolition,
repair, or alteration of structures or buildings; accumulated waste materials
composed of cans, containers, tires, junk, vehicle parts or other substances which
may become a nuisance.
Subd. 2 Compostable Materials. Leaves, grass clippings, garden plants, wood
ashes, fresh fruit, vegetable scraps, coffee grounds, and commercially available
compost ingredients. Compostable materials do not include meat scraps, bones,
grease, oil, eggs, dairy products, branches, human or pet excreta, plastics or other
materials which may adversely affect public health.
705.02 Refuse Containers. The owner or occupant of any premises where refuse may be
present, shall provide and keep on such premises sufficient containers for the storage of all
refuse accumulating on the premises between collections. Each container shall have a
close-fitting top. Containers shall be constructed of non-combustible materials and have
non-combustible covers. Dumpsters shall be constructed of metal.
705.03 Refuse Storage. All refuse on any premise shall be stored in the fully covered
containers required by Subsection 705.02, except as provided in Subsections 705.04 and
715.03 of this Code.
705.04 Location of Containers.
Subd. 1 Refuse Containers. Containers on residential properties shall be placed
in such a manner as to be out of view from the street in front of the premises or in
a garage located on the premises. Containers on non-residential properties shall be
fully screened from all lot lines as provided by Section 850 of this Code. In no
event shall containers be placed next to the street or curb or be placed or
maintained in such a way as to unreasonably interfere with the use of adjoining
705 - 1
City of Edina Health 705.08
property. Containers kept outside shall be placed and kept in such a manner as not
to permit entry of or harborage for animals, insects or other vermin.
Subd. 2 Grass Clippings and Leaves. Grass clippings and leaves may be placed
next to the street or curb adjoining residential properties for pick-up provided that
such grass clippings and leaves so placed shall be (i) stored within a bag designed
for such purpose, and (ii) placed at the curb no more than 12 hours prior to the
scheduled pickup.
705.05 Frequency and Manner of Collection. The contents of the containers shall be
collected once every week, by a collector duly licensed by the City, or more frequently if
required by the provisions of any other section of this Code. Provided, however, occupants
of a dwelling unit in the R-1 District or R-2 District, as established by Section 850 of this
Code, who generate 30 gallons or less of refuse weekly may arrange for collection not less
often than once every 14 days. The collector shall transfer the contents of the containers
to the collector's vehicle without spilling, or if any spilling occurs, the collector shall clean
it up completely. Upon each collection, the containers shall be completely emptied and
returned to the location where kept, and the lids of the containers shall be replaced.
705.06 Defective Containers. Whenever a container is in poor repair, is corroded or
otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet
any other requirement of this Section, the collector shall notify the owner or manager of
the premises of the deficiency. The notice shall describe the deficiency and shall require
repair or replacement. Upon the next collection, if the deficiency has not been corrected,
the collector shall notify the Sanitarian. The Sanitarian shall then inspect said container
and, if found deficient, condemn the same. The collector shall not collect the contents of j
any container marked as condemned.
i
705.07 Abatement of Nuisance. Any accumulation of refuse not placed in containers is
declared to be a nuisance. Any accumulation of refuse placed in containers but not
removed from the premises within the time period provided in Subsection 705.05 is
declared to be a nuisance. Nuisances shall be abated by order of the Sanitarian as provided
by M.S. 145A.04, Subd. 8 and the cost of abatement may be charged and assessed against
2
the property where the nuisance was found pursuant to Section 1200 of this Code.
705.08 Composting. Notwithstanding other provisions of this Section, compostable
materials may be stored on a residential lot subject to the following requirements:
Subd. 1 Containers. Compostable materials shall be placed within a container of
durable material including but not limited to wire fencing, rot resistant wood,
concrete block or brick, or a commercially manufactured container designed for
composting. Containers shall be maintained in sound condition and shall be capable
of securing all compostable material.
Subd. 2 Location of Containers. Compost containers shall not be located within
705 - 2
City of Edina Health 705.10
the front yard as defined in Section 850 of this Code and shall not be located within
five feet of a side or rear lot line. Compost containers shall not be located within
20 feet of a principal use building other than the principal use building owned by
the owner of the compost container.
Subd. 3 Maximum Size. A compost container shall not exceed 30 square feet in
area on lots with a lot area less than 9000 square feet and shall not exceed 50
square feet in area on lots with a lot area of 9000 square feet or more. The height
of the container and the compostable material stored in the container shall not
exceed four feet.
Subd. 4 Maintenance. Compost containers and compostable materials shall be
maintained so as not to create odors, rodent harborage or a fire hazard.
Subd. 5 Abatement of Nuisance. Compost containers or compostable materials
which are not in compliance with this Subsection are declared to be a nuisance
which shall be abated as provided in Subsection 705.07.
705.09 Organized Collection. The City may organize the collection of refuse pursuant
to the procedures established by M.S. 115A.94.
705.10 Collection of Recyclables; Districts. The Council, by resolution, may establish the
entire City as a district for the collection of recyclables as defined in Section 715 of this
Code, or may establish more than one such district within the City. The Council also, by
resolution, may designate one or more collectors in each such district for collection of
recyclables in that district on terms and conditions to be agreed upon by each such
collector and to be approved by resolution of the Council.
History: Ord 711 codified 1970; amended by Ord 711 A1, Ord 711-A2, 7-28-76, Ord 711-A3,
3-7-84, Ord 711-A4 9-2-87, Ord 711-A5 5-25-88, Ord 711-A6 6-14-89
Reference. M.S. 115A.94, 145A.04
Cross Reference: Sections 715, 850
705 - 3
City of Edina Health 735.04
Section 735 - Hotels, Lodging and Boarding Houses
735.01 Definitions.
Commissioner. As used in Minnesota Rules 1991, Chapter 4625, "Commissioner"
shall mean the City.
Hotel, Lodging House, and Boarding House. Whenever used in this Section, the
terms for hotel, lodging house, and boarding house shall be as defined in M.S.
157.01.
735.02 License Required. No person shall operate or engage in the business of operating
a hotel, lodging house, or boarding house within the City unless a license has been
obtained from the City. The applicant for a license shall make application on forms
provided by the Sanitarian. The provisions of Section 160 of this Code shall apply to all
licenses required by this Section and to the holders of such licenses.
735.03 License Fee. The annual license fee shall be in the amount set forth in Section
185 of this Code.
735.04 Minnesota Rules, 1991, Adopted. There is hereby adopted and incorporated by
reference as a section of this Code, Minnesota Rules, 1991, Sections 4625.0100 through
4625.2355 - Requirements for Lodging Establishments. One copy marked "Official Copy'
is on file in the office of the Clerk and shall remain on file for use and examination by the
public.
History. Ord 761 adopted 12-14-77
Reference. M.S. 157.01, Minnesota Rules, 1991, Sections 4625.0100 through 4625.2355 :
Cross Reference: Section 185
735 - 1
I
I
I
City of Edina Land Use, Platting and Zoning 810.02
Section 810 - Plats and Subdivisions
810.01 Purpose and Objectives. The purpose and objectives of this Section are to provide
for the orderly, economic and safe development of land and urban services and facilities;
to facilitate adequate provision for transportation, water, sewage, storm drainage, schools,
parks, playgrounds and other public services and facilities; to promote the public health,
safety and general welfare by establishing physical standards, design requirements and
procedures for plats and subdivisions of land; to allow flexibility in design of plats and
subdivisions; to develop a consistency with and to help implement the zoning, building and
other applicable sections and provisions of this Code; to support and further the City's
Comprehensive Plan by establishing uniform procedures and regulations for plats and
subdivisions to preserve and enhance the value and viable economic use of property; to
protect the character and symmetry of neighborhoods in the City; and to protect and
further, and not frustrate, legitimate investment backed expectations of property owners.
810.02 Definitions; Zoning Ordinance; Construction Rules; Severability.
Subd. 1 Definitions. Unless the context clearly indicates otherwise, the
following words, terms and phrases, shall have the stated meanings:
Applicant. All persons, whether one or more, who request approval by the
City of a plat, subdivision or lot division pursuant to this Section.
Commission. The Planning Commission of the City.
Comprehensive Plan. The Comprehensive Plan of the City containing the
elements set within M.S. 462.352, Subd. 5, adopted by the City in 1980,
pursuant to applicable Minnesota Statutes, as now or hereafter amended or
modified, and including any similar plan or plans as may supersede or be
substituted for the Comprehensive Plan. The Comprehensive Plan is
incorporated into this Section by this reference as completely as if fully set
out.
Median. The value (being, in this Section, lot area, lot depth or lot width,
as the case may be) in an ordered set of such values below which and above
which there is an equal number of such values, or which is the arithmetic
mean of the two middle values if there is no one such middle value.
Neighborhood. All lots in the Single Dwelling Unit District as established by
Section 850 of this Code which are wholly or partially within 500 feet of the
perimeter of the proposed plat or subdivision, except however, those lots
used for publicly owned parks, playgrounds, athletic facilities and golf
courses, and except those lots used for conditional uses as established by
Section 850 of this Code. If the neighborhood includes only a part of a lot,
810 - 1
City of Edina Land Use, Platting and Zoning 810.02
then the whole of that lot shall be included in the neighborhood. As to
streets on the perimeter of the proposed plat or subdivision, the 500 feet
shall be measured from the common line of the street and the proposed plat
or subdivision.
Of Record. Recorded in the office of the County Recorder, Hennepin County,
Minnesota, or filed in the Office of the Registrar of Titles, Hennepin County,
Minnesota, whichever is the appropriate office to give constructive notice of
the document of record.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision
as an outlot.
Parcel, Tract or Lot. The definitions in Section 850 of this Code for parcel,
tract, and lot are incorporated into this Section by reference.
Plat. The map of one or more subdivisions prepared for filing of record
pursuant to, and containing all elements and requirements in M.S. 505 and
containing all of the elements and requirements for a subdivision set forth in
this Section, to the extent such requirements and elements were not waived
pursuant to such statute or this Section, or containing all of the elements and
requirements imposed by, and not waived pursuant to, the Statutes and
Sections of this Code which were applicable when such map was prepared
for filing of record.
Subdivision. The separation of an area of land, of a parcel, tract or lot into
two or more parcels, tracts or lots, or long-term leasehold interests where the
creation of the leasehold interest necessitates the creation of streets, roads
or alleys, for residential, commercial, industrial or other use, or any i
combination, except the following separations:
A. Where all the resulting parcels, tracts, lots or interests will be 20
acres or larger in size and 500 feet or wider in width for residential
uses and five acres or larger in size and 300 feet or wider in width for
commercial and industrial uses;
B. Creating cemetery lots; or
C. Resulting from court orders, or the adjustment of a lot line by the
relocation of a common boundary.
For the purposes of this Section, a subdivision shall include Registered Land
Surveys and Auditor's Subdivisions.
Subd. 2 Zoning Ordinance Incorporated. Section 850 of this Code, (the Zoning
810 - 2
City of Edina Land Use, Platting and Zoning 810.04
Ordinance) and all amendments, modifications and supplements made to, and all
Sections hereafter adopted by the Council as successors to said Section 850 are
incorporated into this Section by this reference as completely as if fully set out and
the provisions of this Section and Section 850 shall be read and interpreted so as
to result in a uniform and consistent application to all property. However, the
provisions of Subsection 810.05 relating to variances from the provisions of this
Section shall apply over any similar provisions in Section 850 of this Code.
Subd. 3 Construction Rules. The rules of construction set out in Subsection
850.03 of this Code are incorporated into this Section by reference.
810.03 Plat Required.
Subd 1. Compliance in Platting. Every subdivision, except as provided in
Subsection 810.04 shall be platted in full compliance with M.S. 505, this Section,
Section 850 of this Code and the Comprehensive Plan.
Subd. 2 Platting for Transferring Land. Any land transferred from one zoning
district to another zoning district, excluding, however, transfers to or from the
Heritage Preservation Overlay District or the Flood Plain Overlay District, as defined
in Section 850 of this Code, shall be platted in full compliance with M.S. 505, this
Section, Section 850 of this Code and the Comprehensive Plan, in connection with,
at the time of, and as a condition to, such transfer.
Subd. 3 Parcels. The provisions of this Section shall apply also to parcels taken
from a parcel, tract or lot then existing of record by use of a metes and bounds
description, and such subdivisions shall be platted in full compliance with M.S. 505,
this Section, Section 850 of this Code and the Comprehensive Plan.
810.04 Plat Not Required.
Subd. 1 Double Dwelling Units. As provided in Subd. 1 of this Subsection
810.08, no plat shall be required for subdivisions of lots in Double Dwelling Unit
Districts but only a lot division pursuant to Subd. 2 of this Subsection 810.04 shall
be required.
Subd. 2 Lot Divisions. No plat shall be required for any lot division which adjusts
or relocates a common lot line separating two lots and which does not create a new
undeveloped parcel, tract or lot that complies, alone or in combination with one or
more other parcels, tracts or lots, with the applicable minimum lot area and other
requirements of this Section and Section 850 of this Code. However, before any lot
division shall be made or any conveyance resulting from the lot division is placed
of record, the Council shall adopt a resolution approving the same, and the
procedure shall be the same as for preliminary plat approval as set out in Subsection
810.10 except that (i) notice of the hearing before the Council need not be
810 - 3
City of Edina Land Use, Platting and Zoning 810.06
published, (ii) no sign need be erected, and (iii) only a survey prepared and signed
by a Minnesota registered land surveyor showing the proposed lot division need be
filed with the Planner together with the required fee and such additional
information that, in the opinion of the Planner, is necessary for evaluation of the
lot division and determination that it is consistent with the requirements of this
Section.
810.05 Variances.
Subd. 1 Grant by Council. In connection with the preliminary or final approval
of a plat or subdivision the Council may grant variances from the provisions of this
Section. The Council shall grant variances only upon finding that an unusual
hardship exists as to the land within the plat or subdivision, and specifically that:
A. The hardship is not a mere inconvenience;
B. The hardship is due to the particular physical surroundings, shape or
topographical condition of the land;
C. The condition or conditions upon which the request for a variance is
based are unique to the property being platted or subdivided and not
generally applicable to other property;
D. The hardship is caused by this Section and not by the applicant;
E. The variance will result in an improved plat or subdivision; and
The variance if anted will not alter the essential character of the land
F. T granted,
within the plat or subdivision or in the neighborhood.
A grant of a variance by the Council shall be deemed to include a favorable finding
on each of the variance grounds set out above even if not specifically set out in the
approval resolution or the minutes of the Council meeting.
Subd. 2 Conditions. In granting a variance the Council may impose conditions
to ensure compliance with the purpose and objectives of this Section and other
applicable provisions of this Code and to protect adjacent properties. The conditions
may be made a part of any Development Contract required by Subsection 810.12.
810.06 Denial of Permits. A building permit or other permit for the development or
improvement of any parcel, tract, or lot may be denied for any of the reasons set out in
this Subsection:
Subd. 1 Violations of M.S. 462. If the parcel, tract or lot is conveyed in violation
of the provisions of M.S. 462.
810 - 4
City of Edina Land Use, Platting and Zoning 810.09
Subd. 2 Non-Compliance. If the parcel, tract or lot is within any plat or
subdivision made after adoption of this Section which does not comply with the
requirements of this Section and was not approved by the Council pursuant to this
Section.
Subd. 3 Filing. If the parcel, tract or lot is in any plat made after adoption of this
Section which has not been filed and a certified copy delivered to the Planner as
required by Subd. 4 of Subsection 810.10.
Subd. 4 Outlot. If the parcel, tract or lot is an outlot.
810.07 Outlots. It is the policy of the City to allow outlots on plats and subdivisions
presented to the City for approval pursuant to this Section, but only for the purpose of
simplifying the descriptions of parcels of land (i) that would otherwise be excepted from
the platted area, or (ii) that are to be conveyed or dedicated to the City or other public
body. Therefore, any outlots shown on a plat or subdivision approved by the Council shall
not be, nor be deemed to be, lots or parcels as defined in Section 850 of this Code, nor
shall any outlots be developed by the erection or placing of improvements on the outlots,
unless first replatted into lots and blocks pursuant to this Section and the applicable
provisions of State Law. Except, however, improvements may be erected or placed by the
City or other public body upon outlots conveyed or dedicated to it.
810.08 Double Dwelling Unit District (R-2) and Townhouse Plats.
Subd. 1 Double Dwelling Units. Any lot in the Double Dwelling Unit District as
then determined by Section 850 of this Code may be subdivided into two lots
notwithstanding the regulations stated in Section 850 of this Code which apply to
the Single Dwelling Unit District. Provided, that as a condition to the approval of
the subdivision the owner or owners of the lot to be subdivided shall make a
separate and independent connection of each dwelling unit on the lot to be
subdivided with the public sanitary sewer and water mains, as required by Section
445 of this Code.
Subd. 2 Townhouse Plats. As conditions to the approval of any townhouse plat,
as defined in the Section 850 of this Code, of previously built and then existing
townhouses, as defined in Section 850 of this Code, each townhouse shall be
separately and independently connected to the sanitary sewer and water mains as
required by Section 445 of this Code.
810.09 Application; Fees; Charges; Application Requirements.
Subd. 1 Filing with the Planner. All applications for plats and subdivisions and
all lot divisions pursuant to Subd. 2 of Subsection 810.04 presented for approval by
the Commission and Council shall be filed with the Planner on forms prescribed by
the Planner and shall be accompanied by a fee in the amount set forth in Section
810 - 5
City of Edina Land Use, Platting and Zoning 810.09
185 of this Code. The fee shall not be refunded for any reason including without
limitation, rejection of the plat, subdivision or lot division by the Council, or
abandonment or withdrawal of the proposed plat, subdivision or lot division by the
applicant. The City shall have no duty to process or act on any plat, subdivision or
lot division unless and until the applicable fee has been paid to the City. Also, no
application shall be complete until all information and documents required by this
Subsection have been filed with the Planner.
Subd. 2 Additional Fees. Each person, by filing or submitting an application for
approval by the City of a proposed plat, subdivision or lot division, shall have
agreed to pay all administrative expenses and attorneys'fees, with interest and costs
as provided in this Subd. 2, incurred by the City in connection with or as a result
of reviewing and acting on such application. If more than one person signs an
application, all signers shall be jointly and severally liable for such expenses and
fees, with interest and costs as provided. The expenses and fees to be paid to the
City pursuant to this Subd. 2 shall be payable upon demand made by the City, and
if not paid within five days after the demand is made, shall bear interest from the
date of demand until paid at a rate equal to the lesser of the highest interest rate
allowed by law or two percentage points in excess of the reference rate. The
applicants shall also pay all costs, including attorneys' fees, incurred by the City in
collecting the expenses, fees and interest, with interest on such costs of collection
from the dates incurred until paid, at the same interest rate as is payable on the
expenses and fees. For purposes of this Section, reference rate shall mean the rate
publicly announced from time to time by First Edina National Bank, or any
successor, as its reference rate, and if the bank, or its successor, ceases publicly
announcing its reference rate, reference rate shall mean the interest rate charged
from time to time by such bank or its successor on 90-day unsecured business loans
to its most creditworthy customers.
Subd. 3 Additional Requirements.
A. There shall be delivered with each application a written instrument from
each utility company showing that arrangements acceptable to the Planner
have been made with the utility company for the installation of utilities in
the manner required by this Section and other applicable sections of this
i
Code.
B. The applicant shall erect, or cause to be erected, a sign or signs as
required by paragraph B. of Subd. 2 of Subsection 850.04 of this Code,
except that the information contained shall be as follows:
"This property proposed for subdivision by:
(Names of Applicants)
(Telephone Numbers of Applicants)
810 - 6
City of Edina Land Use, Platting and Zoning 810.09
For information contact Edina Planning Department,
Telephone No. 927-8861".
C. The applicant shall also give mailed notice to the owners of all lots in the
neighborhood of the proposed plat or subdivision, as such owners and their
addresses shall be shown on a list prepared by the City, and for a fee
established pursuant to Section 185 of this Code. The notice shall be on a
form prescribed by the Planner, but, at a minimum, shall advise of the
proposed plat or subdivision, the number of lots to be created, and the
address and phone number of the applicant.
D. The sign or signs required by paragraph B. of this Subd. 3 at all times
shall be kept in good repair and shall be maintained in place until a final
decision on the application has been made by the Council, and shall be
removed by the applicant within five days after the final decision. If the
signs are not kept in good repair or removed as required, then such signs
shall be deemed a nuisance and may be abated by the City by proceedings
under M.S. 429, and the cost of abatement, including administrative
expenses, may be levied as a special assessment against the property upon
which the sign is located, or the applicant may be prosecuted for violation
of this Section, and if convicted shall be guilty of a misdemeanor and subject
to penalties pursuant to Section 100 of this Code. If there is more than one
applicant, they shall be jointly and severally liable.
E. The applicant shall also deliver to the Planner such other information as
is necessary, in the Planner's opinion, for evaluation of the application and
determining consistency and compliance with the requirements of this
Section and this Code.
Subd. 4 Application Data. The applicant shall file with the application the
following information which is required for all proposed plats and subdivisions, and
which shall be shown on the proposed plat or subdivision or other accompanying
document:
A. The proposed name of the proposed plat or subdivision.
B. The name, address and telephone number of each owner, each agent of
any owner, each applicant, the surveyor and the designer of the proposed
plat or subdivision.
C. A graphic scale (no smaller than 1" = 50% the north point and the date
of preparation of the proposed plat or subdivision.
D. The plat or subdivision, and the perimeter lines of each lot,with bearings
and distances.
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City of Edina Land Use, Platting and Zoning 810.09
E. The lot and block numbers.
F. The lot width, lot depth, and lot area, as defined by Section 850 of this
Code, of each proposed lot and outlot.
G. The total area, area in lots, area in streets and other public uses, by
square footage.
H. The legal description of the tract to be platted, together with its PIN
numbers(s).
I. The existing zoning classification(s) of the property.
J. Location and size of any proposed outlots, and a conceptual plan
(graphically and in writing) for future development.
K. All existing public roads and rights-of-way serving the property, including
the grade, width, legally established centerline elevation, and the location
and elevation of sidewalks.
L. All proposed public roads and rights-of-way.
M. Existing easement locations, widths and purposes, and showing invert
elevation of sewers.
N. Proposed easement locations, widths and purposes.
O. Location of existing and proposed utilities, including distance to nearest
utilities not on or adjoining the property, and showing the invert elevation
of sewers.
P. Existing elevations and contours at two foot intervals and a preliminary
grading plan showing resulting elevations and contours at two foot intervals.
i
Q. Minimum front, rear and side setbacks for the proposed improvements on
the proposed lots.
R. Location of all wetlands, streams, ponds" or lakes within or flowing
through the property proposed to be platted or subdivided with normal high
water and 100 year frequency flood elevation.
S. Location of all proposed parks, drainage facilities and area proposed to
be dedicated for public use.
T. Ground elevation of land within 100 feet of the perimeter property lines
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City of Edina Land Use, Platting and Zoning 810.09
of the area proposed to be platted or subdivided, showing contour lines at
two foot intervals.
U. If the land proposed to be platted or subdivided is within the floodplain
in whole or in part as determined by Section 850 of this Code, then there
shall be shown the location and elevation of the floodplain, the elevation of
each building site on each lot within the floodplain, the elevations of the
road access to the plat or subdivision and to each building site within the
flood plain, and such other information as is required to evidence compliance
with Subsection 850.21 of this Code.
W. The land area, by total square footage and as a percentage of all land in
the proposed plat or subdivision, to be disturbed in the subdivision by public
and private improvements, and the location of such disturbed areas.
X. The location and elevation of all existing improvements on the land in the
proposed plat or subdivision and a statement as to whether they will remain
or be removed.
Y. A graphic illustrating the then existing topography for all lots in the
proposed plat or subdivision and showing the location of all areas with
slopes of greater than 18 percent, and the percentage of such areas relative
to the total area in the proposed plat or subdivision, and the percentage of
each lot having slopes of 18 percent or greater.
Z. The number and location of overstory trees then existing on the property
proposed to be disturbed by public or private improvements, having a
diameter of six inches or more as to deciduous trees, and having a height of
six feet or more as to coniferous trees.
Subd. 5 Additional Requirements for Platting or Subdivision of Property in the
Single Dwelling Unit District. In addition to the requirements of Subd. 4 of this
Subsection, the applicant for a proposed plat or subdivision of land wholly or
partially within the Single Dwelling Unit District as then determined by Section 850
of this Code, shall also deliver to the Planner the following information from a
source acceptable to the Planner:
A. A complete list of all lots which are within the neighborhood of the
property proposed to be platted or subdivided with the following
information:
1. The lot area for each lot;
2. The mean and median lot area (in square feet) of all lots;
810 - 9
City of Edina Land Use, Platting and Zoning 810.10
3. The lot width, as defined by Section 850 of this Code, for each lot;
4. The mean and median lot width, as defined by Section 850 of this
Code, of all lots;
5. The lot depth, as defined by the Section 850 of this Code, for each
lot;
6. The mean and median lot depth, as defined by Section 850 of this
Code, of all lots; and
7. The name and address of the owner of each lot.
B. The location of the proposed building pad for each lot in the proposed
plat or subdivision.
C. The lot width to perimeter ratio (as defined in Section 850 of this Code)
for each lot in the proposed plat or subdivision.
810.10 Review and Approval Process.
Subd. 1 Hearing and Decision by Commission.
A. Upon receipt by the Planner of the application and all other documents
and information required pursuant to Subsection 810.09 and determination
by the Planner that the required mailed notice has been given and the
required signs have been erected for not less than ten days prior to the
Commission hearing, the Planner shall review the application, prepare a
report and forward the report to the Commission.
B. Upon receipt of the report of the Planner, the Commission shall conduct
a hearing which shall be not less than ten days after said required notice has
been given and said required signs have been erected. After hearing the oral
and written views of all persons, the Commission shall make its
recommendation at the same or at a specified future meeting. In making its
recommendation, the Commission shall be guided by and subject to the
provisions of Subsection 810.11. Also, if the provisions of Subd. 2 of
Subsection 810.13 apply, the Commission shall recommend the dedication
or easement option as provided in said subdivision.
Subd. 2 Public Hearing by Council - Preliminary Approval.
A. Upon request of the Planner or applicant, and after the Commission has
examined and considered the proposed plat, subdivision or lot division (and
even if the Commission has failed to make a recommendation to the
810 - 10
City of Edina Land Use, Platting and Zoning 810.10
Council), the Council shall set a date for hearing, which shall be not later
than 60 days after the meeting at which the hearing date is set. A notice of
the date, time, place and purpose of the hearing shall be published once in
the official newspaper not less than ten days before the date of the hearing;
provided, however, that no published notice need be made for lot divisions
pursuant to Subd. 2 of Subsection 810.04. After hearing the oral or written
views of all interested persons, the Council shall make its decision at the
same meeting or at a specified future meeting. In making its decision, the
Council shall be guided by and subject to the provisions of Subsection
810.11. Also, if the provisions of Subd. 2 of Subsection 810.13 apply, the
Council shall select its option as provided in said subdivision. The Council
may by resolution:
1. Grant preliminary approval, with or without modification, and
without conditions, or with such conditions reasonably related to the
purpose and objectives of this Section as the Council may deem
necessary or desirable; or
2. Grant preliminary and final approval at the same time, with or
without modification, and without conditions, or with such conditions
reasonably related to the purpose and objectives of this Section as the
Council may deem necessary or desirable; or
3. Refer the plat, subdivision or lot division to the Commission or
other appropriate City commissions, officers or departments for
further investigation and report to the Council at a specified future
meeting; or
4. Reject the plat, subdivision or lot division.
B. The Council shall either grant preliminary approval or reject the proposed
plat or subdivision within 120 days of the receipt by the Planner of an
application completed in compliance with this Subsection 810.09 unless
applicant agrees to an extension of the review period.
C. The grant of preliminary and final approval by the Council shall be
deemed to include a favorable finding on all required matters as set out in
this Section even if not specifically set out in the approval resolution or the
minutes of the Council meeting.
Subd. 3 Final Approval.
A. When a plat or subdivision has been given preliminary approval, the
Planner shall submit a supplementary report to the Council recommending
final approval upon receipt by the Planner of the following:
810 - 11
City of Edina Land Use, Platting and Zoning 810.10
1. A written request from the applicant for final approval;
2. Evidence and documents satisfactory to the Planner meeting and
complying with the conditions and modifications imposed by the
Council at the time of granting preliminary approval;
3. Two mylar or linen reproducible tracings and copies of the final
plat complying with the requirements of this Section, the preliminary
approval granted by the Council, and M.S. 505, together with
evidence that the final plat has been received and approved by the
County surveyor's office;
4. The Developer's Agreement and Development Contract fully
executed by the applicant and the City, and the security, as required
by Subsection 810.12;
S. A letter or other signed document from each utility company
agreeing to comply with Subsection 810.14 of this Section;
6. Evidence acceptable to the Planner evidencing ownership of, and
encumbrances on, the property proposed to be platted or subdivided,
including, without limitation, a written opinion from the applicant's
counsel addressed to the City opining that all documents executed by
the applicant and delivered to the City have been duly executed and
delivered, have been duly authorized by all necessary corporate,
partnership or other entity action, are binding on the signing parties
and enforceable in accordance with their terms, and containing such
additional statements as the Planner may request; and
7. All fees and expenses to be paid by the applicant pursuant to
Subsection 810.09, including attorney's fees incurred by the City.
Provided, however, if any one or more of the foregoing items is not received
by the Planner, the Planner may yet submit a supplemental report to the
tion its final approval upon the receipt by
Council and the Council may condi pp p P
Y
the Planner of those items not then so received, as well as other matters
reasonably related to the purpose and objectives of this Section.
B. Upon receipt of the supplementary report of the Planner, the Council
shall act thereon, which action shall be by resolution. Such resolution shall
be passed within 60 days of receipt of such supplemental report of the
Planner. Final approval may be conditioned as provided in paragraph A. of
this Subd. 3 and may also be conditioned upon receipt of the land dedication
or cash contribution required pursuant to Subsection 810.13 and upon
compliance with any conditions and modifications imposed at the time of
810 - 12
City of Edina Land Use, Platting and Zoning 810.10
preliminary approval and not yet met or fulfilled. If the Council imposes
conditions in any grant of final approval, then the officers of the City shall
not sign such plat, nor shall the Clerk issue any certified copy of the
resolution of the Council giving such final approval, until such conditions are
met and complied with. The Clerk is authorized, once such conditions have
been met and complied with, to issue a certified copy of the resolution of the
Council giving such final approval, without reference to such conditions.
C. If the supplementary report of the Planner is not submitted to the Council
by the first anniversary date of the Council resolution granting preliminary
approval, the plat or subdivision shall be deemed abandoned and withdrawn
and of no effect, and a new application shall be filed and the plat or
subdivision again submitted for review and action pursuant to this Section.
Subd. 4 Filing of Plat; Certified Copy of Approving Resolution.
A. The applicant shall file of record the final plat, at applicant's expense, as
soon as possible after receipt by applicant of a certified copy of the Council
resolution giving final approval of the plat. Said plat shall not be filed of
record, nor accepted of record, unless said certified copy of the Council
resolution giving such final approval accompanies such plat when presented
for filing of record. A certified copy of such filed plat with the recording
data shall be filed with the Planner.
B. If the plat is not filed of record and a certified copy filed with the Planner
by the first anniversary date of the Council resolution giving such final
approval (even if such final approval is conditional on performance of further
acts by applicant or others), the plat or subdivision shall be deemed
abandoned and withdrawn and of no effect, and a new application shall be
filed and the plat or subdivision again submitted for review and action
pursuant to this Section.
C. If the approved plat is of land contiguous to another municipality, the
Clerk shall also file a copy of such resolution with the governing body of
such municipality.
D. The Clerk shall not give a certified copy of the resolution approving the
plat or subdivision for a double dwelling unit or a townhouse development
until the requirements of Subsection 810.08 have been fulfilled.
E. The Clerk shall not give a certified copy of the resolution approving any
plat or subdivision or lot division until all fees, interest and costs are paid to
the City pursuant to Subsection 810.09.
810 - 13
City of Edina Land Use, Platting and Zoning 810.11
810.11 Guidelines and Criteria for Evaluating Plats and Subdivisions.
Subd. 1 Considerations. The Commission in reviewing proposed plats and
subdivisions and in determining its recommendation to the Council, and the Council
in determining whether to approve or disapprove of any plat or subdivision, may
consider, among other matters, the following:
A. The impact of the proposed plat or subdivision, and proposed
development, on the character and symmetry of the neighborhood as
evidenced and indicated by, but not limited to, the following matters:
1. The suitability of the size and shape of the lots in the proposed
plat or subdivision relative to the size and shape of lots in the
neighborhood; and
2. The compatibility of the size, shape, location and arrangement of
the lots in the proposed plat or subdivision with the proposed density
and intended use of the site and the density and use of lots in the
neighborhood.
B. The impact of the proposed plat or subdivision, and proposed
development, on the environment, including but not limited to, topography,
steep slopes, vegetation, naturally occurring lakes, ponds and streams,
susceptibility of the site to erosion and sedimentation, susceptibility of the
site to flooding and water storage needs on and from the site.
C. The consistency of the proposed plat or subdivision, and proposed
development, and compliance by the proposed plat or subdivision, and the
proposed development, with the policies, objectives, and goals of the
Comprehensive Plan.
D. The compliance of the proposed plat or subdivision, and the proposed
development with the policies, objectives, goals and requirements of Section
850 of this Code including, without limitation, the lot size provisions and the
Floodplain Overlay District provisions of Section 850 of this Code.
E. The impact of the proposed plat or subdivision, and proposed
development on the health, safety and general welfare of the public.
F. The relationship of the design of the site, or the improvements proposed
and the conflict of such design or improvements, with any easements of
record or on the ground.
G. The relationship of lots in the proposed plat or subdivision to existing
streets and the adequacy and safety of ingress to and egress from such lots
810 - 14
City of Edina Land Use, Platting and Zoning 810.11
from and to existing streets.
H. The adequacy of streets in the proposed plat or subdivision, and the
conformity with existing and planned streets and highways in surrounding
areas. Streets in the proposed plat or subdivision shall be deemed
inadequate if designed or located so as to prevent or deny public street access
to adjoining properties, it being the policy of the City to avoid landlocked
tracts, parcels or lots.
I. The suitability of street grades in relation to the grades of lots and
existing or future extension of the City's water, storm and sanitary sewer
systems.
I The adequacy and availability of access by police, fire, ambulance and
other life safety vehicles to all proposed improvements to be developed on
the proposed plat or subdivision.
K. Whether the physical characteristics of the property, including, without
limitation, topography, vegetation, susceptibility to erosion or siltation,
susceptibility to flooding, use as a natural recovery and ponding area for
storm water, and potential disturbance of slopes with a grade of 18 percent
or more, are such that the property is not suitable for the type of
development or use proposed.
L. Whether development within the proposed plat or subdivision will cause
the disturbance of more than 25 percent of the total area in such plat or
subdivision containing slopes exceeding 18 percent.
M. Whether the proposed plat or subdivision, or the improvements proposed
to be placed thereon are likely to cause substantial environmental damage.
Subd. 2 Lot Dimensions. If the proposed plat is wholly or partially within the
Single Dwelling Unit District, then the minimum lot area, lot width, lot depth and
lot width to perimeter ratio shall be as follows:
A. The minimum lot area, as defined in Section 850 of this Code, shall be
the greater of 9,000 square feet, or the median lot area of lots in the
neighborhood.
B. The minimum lot width, as defined in Section 850 of this Code, shall be
the greater of 75 feet, or the median lot width of lots in the neighborhood.
C. The minimum lot depth, as defined in Section 850 of this Code, shall be
the greater of 120 feet, or the median lot depth of lots in the neighborhood.
810 - 15
City of Edina Land Use, Platting and Zoning 810.12
D. The lot width to perimeter ratio, as defined in Section 850 of this Code,
for any lot in the proposed plat or subdivision shall not be less than 0.1.
Subd. 3 Additional Considerations. In addition to the foregoing matters, the
Commission, in connection with its recommendation to the Council, and the Council
in determining whether to approve or disapprove a proposed plat or subdivision,
shall specifically and especially consider the following matters:
A. Whether the proposed plat or subdivision complies with the policies,
objectives and goals of the Comprehensive Plan.
B. Whether the proposed plat or subdivision complies with the policies,
objectives, goals and requirements of Section 850 of this Code, including,
without limitation, the lot size and dimension requirements of Section 850
of this Code, and the Flood Plain Overlay District and Heritage Preservation
Overlay District of Section 850 of this Code, as varied by variances
therefrom, if any, granted pursuant to this Section or Section 850 of this
Code.
C. Whether the design of the proposed plat or subdivision, or the design or
type of improvements proposed to be placed thereon, may be detrimental to
the health, safety or general welfare of the public.
D. Whether the proposed plat or subdivision conforms to, and complies with
the requirements of, applicable State Law.
E. Whether the proposed plat or subdivision complies with the policies,
objectives, goals and requirements of this Section, as varied by variances
therefrom, if any.
810.12 Responsibility for Improvements; Subdivision Financing; Security; Development
i
Contracts.
Subd. 1 Developer's Agreement. After preliminary approval has been given to a
plat or subdivision, the applicant shall enter into a Developer's Agreement (herein
called the "Agreement") with the City, on terms and conditions determined by the
City, and shall cause all street, water, and sewer improvements required by the
Planner or Engineer, or by the resolution granting preliminary or final approval, to
be completed, pursuant to the Agreement and to the City's then standards and
specifications for such improvements. Such Agreement (a) as to improvements to
be installed by the applicant shall obligate the applicant to install and complete all
such improvements, at applicant's own expense and under the supervision and
inspection of the Engineer, and shall obligate the applicant to pay to the City a fee
in compensation for such services in an amount equal to 6.5 percent of the total
construction cost of all such improvements within 30 days after receipt of a
810 - 16
City of Edina Land Use, Platting and Zoning 810.12
statement, (b) as to improvements petitioned for by the applicant to be installed by
the City,which City installations shall be done only in plats then situated within the
Single Dwelling Unit District, the Double Dwelling Unit District and the Planned
Residence District, as determined by Section 850 of this Code, shall obligate the City
to provide engineering services and construct the improvements and obligate the
applicant to pay to the City the cost of such services and construction through
payment of special assessments, which shall be payable in not more than three
annual installments, and (c) as to improvements petitioned for by the applicant to
be installed and assessed in accordance with the regular policies of the City, shall
provide for installation, if ordered by the Council, and assessment in accordance
with the then policies of the City; provided, however, that the City shall not be
obligated to enter into such agreement (i) if the improvements required by the
Planner or Engineer or by such resolution are not allocated among the methods at
(a), (b) and (c) above in a manner satisfactory to the Engineer, or (ii) if the
applicant as to the improvements at (a) and (b) above does not give one or more
of a bond, cash in escrow or an irrevocable letter of credit, all as may be required
by the Planner or Engineer, or (iii) as to any improvements, if the Council
determines that the City must borrow money to pay its costs of construction under
such Agreement and such borrowing will jeopardize the City's credit rating. The
Agreement shall also provide, as to improvements at (b) above, that if the applicant
transfers any lot or parcel in the platted or subdivided area while special
assessments then levied or to be levied for the improvements made pursuant to said
Agreement remain unpaid, they will be paid or prepaid in full as to such transferred
lot or parcel, to the City Treasurer or the County Treasurer, at the time of such
transfer.
Subd. 2 Security for Improvements.
A. Any bond required by the City shall be given by the applicant with a
corporate surety authorized to do business in Minnesota and approved by the
City and, as to improvements referred to at (a) of Subd. 1 of this Subsection,
shall be a performance and payment bond in at least the full amount of all
contracts for the installation of such improvements, and as to improvements
referred to at (b) of Subd. 1 of this Subsection, shall be in the full amount
of all costs of making the improvements specified in the Agreement not paid
in cash by the applicant before or at the time of entering into the Agreement
and shall be given for the securing to the City of the payment of the special
assessments.
B. Any cash deposit required by the City shall be deposited by the applicant,
in escrow, in a national or state bank having an office in the City, in the full
amount of the unpaid improvement costs, together with a written agreement
signed by the applicant and the bank whereby the funds in escrow will be
paid to the City from time to time solely upon the written demand of the
City, to the extent of any default by the applicant as to the terms of the
810 - 17
City of Edina Land Use, Platting and Zoning 810.13
Agreement then alleged by the City.
C. Any letter of credit required by the City shall be from a national or state
bank approved by the City, shall be unconditional and irrevocable, shall be
for the full amount of the unpaid improvement costs, and shall provide that
funds will be paid to the City solely upon written demand from time to time
of the City to the extent of any default by the applicant as to the terms of
the Agreement then alleged by the City.
D. If there is more than one applicant, all shall join in the Agreement, and
shall be jointly and severally obligated to perform the obligations of applicant
under the Agreement.
Subd. 3 Development Contracts. When preliminary or final approval has been
given to a plat or subdivision, and if modifications or conditions have been imposed
in connection with such approval, the applicant shall enter into a Development
Contract (herein called the "Development Contract") embodying the modifications
and conditions of approval, and containing such other terms and conditions as the
City may require to impose, enforce and make effective such modifications and
conditions. The Development Contract shall be placed of record if requested by the
City, at the expense of applicant.
810.13 Land Dedication or Cash Contribution.
Subd. 1 Dedicating a Portion of Plat or Subdivision. A reasonable portion of any
proposed plat or,subdivision shall be dedicated to the City for public use for streets,
roads, sewer lines, electric lines, gas lines, water lines and facilities, storm water
drainage and holding areas or ponds and similar utilities and improvements. The
Planner and Engineer shall recommend to the Council what portion is reasonable,
the location, the need and the use.
Subd. 2 Land Adjoining Lakes, Ponds or Streams. Where any plat or subdivision
adjoins a natural lake, pond or stream, including streams which flow only
intermittently, a strip of land running along all sides which are contiguous to such
lake, pond or stream, which strip shall extend from a line 100 feet upland from the
lake or pond, as measured from the high water mark, and 100 feet from the
centerline of the stream, shall be either (i) dedicated to the City for public use, or
(ii) subjected to a perpetual easement in favor of the City over and in said land and
the bed and water body of such lake, pond or stream, for the purpose of protecting
the hydraulic efficiency and the natural character and beauty of such lake pond or
stream. The Commission shall determine which of these options is more appropriate
and shall recommend to the Council one of said options. In either case there shall
also then be granted to the City the right of ingress to and egress from the said strip
of land with workers, equipment and material. Also, where the easement is
determined to be in the best interest of the City, said easement shall also provide
i
810 - 18
City of Edina Land Use, Platting and Zoning 810.13
that the owners of the areas as to which such easement is granted shall not make,
do or place any fill, grading, improvement or development of any kind on or to such
easement area, or raise the level of the easement area in any way, but all such right
to fill, grade, improve and develop, and to raise the level of the easement area, shall
be granted by said easement to the City.
Subd. 3 Land for Public Use. In addition to the dedication to be made pursuant
to Subd. 1 and 2 of this Subsection, and if the Council reasonably determines that
it will need to acquire a portion of land within the plat or subdivision for the
purposes stated in this Subd. 3 as a result of approval of the plat or subdivision,
then, as to such plat or subdivision, a reasonable portion of the land therein shall
be dedicated to the public or preserved for conservation purposes or for public use
as parks, playgrounds, trails, wetlands or open space, provided that, at the option
of the City, the owner or owners shall contribute to the City an amount of cash
equal to the fair market value of the land otherwise required to be so dedicated or
preserved, or dedicate and preserve a part of such land and contribute the balance
of such land value in cash. Land then set aside and dedicated for public recreation
purposes pursuant to Subsection 850.13 (Planned Residential District) of this Code
may be considered as set aside and dedicated under this Section to the extent
required hereunder in connection with such plat or subdivision, but then only to the
extent that such land is in excess of the open space then required by Section 850
of this Code. Any money so paid to the City shall be placed in a special fund and
used only for the acquisition or development of land for conservation purposes,
parks, playgrounds, trails, wetlands, and open space. For purposes of this Section,
"fair market value of the land" is defined as the fair market value of the land within
such plat or subdivision, as determined by the City Assessor, as of the date the plat
or subdivision is granted final approval by the Council. It is the policy of the City,
as a general rule, to require dedication of land in the following instances:
A. If the property to be dedicated is adjacent to an existing public park or
playground and the additional property will beneficially expand the park or
playground;
B. If the property to be dedicated is six acres or more in size, or is expected
to be combined with future acquisitions by the City so that a public park
with a minimum of six acres will result;
C. If the property to be dedicated abuts or adjoins a natural lake, pond or
stream, or a wetland then protected by then applicable state or federal laws
or statutes;
D. If the property to be dedicated is necessary or desirable for a storm water
holding or ponding area, or is an area which the City intends to have
dredged or otherwise improved for storm water holding areas or ponds; or
810 - 19
City of Edina Land Use, Platting and Zoning 810.16
E. If the property to be dedicated is a place of significant natural, scenic or
historic value.
810.14 Utilities.
Subd. 1 Underground Installation of Utilities. All new utilities (excluding main
line electric feeders and high voltage transmission lines) constructed within the
confines of and providing service to customers in the plat shall be installed
underground.
Subd. 2 In Public Easements. All electric and gas distribution lines and piping,
roadways, curbs, walks and other similar improvements shall be constructed only
on a street, alley or other public way or easement which is designated on a plat or
subdivision approved by the Council or which has otherwise been approved by the
Council.
810.15 Street Maintenance. Until a street in a plat or subdivision has been completed
in accordance with the plans and specifications approved by the City, and the Engineer has
certified as to such completion, the owner shall keep such street, if used for public travel,
in safe condition for such use, at owner's own expense. The City shall not be chargeable
with the cost of or the responsibility for the maintenance of such street until the
completion of such street has been so certified.
810.16 Penalty.
Subd. 1 Violation of M.S. 462.358, Subd. 4b. In addition to the provisions of
Subsection 100.09 of this Code, any person who conveys a lot, tract or parcel in
violation of M.S. 462.358, Subd. 4b, (which is hereby incorporated herein by
reference and made a part of this Code) shall forfeit and pay to the City a penalty
of not less than $100.00 for each lot, tract or parcel so conveyed. Also, the city
may enjoin such conveyance, or recover such penalty, by a civil action in a court of
competent jurisdiction.
History: Ord 804 adopted 12-13-89
Reference: M.S. 462, SOS
Cross Reference: Sections 445, 850; Subsections 100.09, 850.21
810 - 20
City of Edina Liquor 900.01
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
900.01 Definitions PERCENT MALT LIQUOR LICENSES
PART A. SALE OF LIQUOR AND WINE AT OFF- 900.13 Special Licensing Requirements
SALE 900.14 Place of Service and Consumption
900.02 Sales Limited to Municipal Liquor Stores 900.15 Temporary On-Sale License
900.03 Dispensary Established PART E. SPECIAL REQUIREMENTS FOR ON-
900.04 Sale of 3.2 Percent Malt Liquor at Off-Sale SALE WINE LICENSES
PART B. GENERAL REQUIREMENTS FOR SALE 900.16 Special Licensing Requirements; Fees, Wine
OF LIQUOR AND WINE AT ON-SALE 900.17 Conditions of Sale; Wine
900.05 License Required PART F. SPECIAL REQUIREMENTS FOR ON-
900.06 Requirements for On-Sale Licenses SALE OF INTOXICATING MALT LIQUOR
900.09 Bottle Clubs Prohibited 900.18 License Requirements; On-Sale Intoxicating
PART C. SPECIAL REQUIREMENTS FOR CLUB Malt Liquor
AND TEMPORARY ON-SALE LIQUOR LICENSES 900.19 Conditions of Sale; Intoxicating Malt Liquor
900.10 Special Licensing Requirements PART G. MISCELLANEOUS
900.11 Sunday Sale License 900.20 Headings
900.12 Temporary License 900.21 License Revocation or Suspension
PART D. SPECIAL REQUIREMENTS FOR 3.2 900.22 Incorporation by Reference
900.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the stated meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is served.
Commissioner. The State Commissioner of Public Safety.
Cafe. See definition of "restaurant" in this Subsection.
Club. Any corporation duly organized under the laws of the State for civic, fraternal,
social or business purposes, or for intellectual improvement, or for the promotion of
sports, which shall have more than 50 members, and which for more than one year
shall have owned, hired or leased a building or space in a building of such extent and
character as may be suitable and adequate for the reasonable and comfortable
accommodation of its members, and whose affairs and management are conducted by a
board of directors, executive committee, or other similar body chosen by the members
at a meeting held for the purpose, none of whose members, officers, agents or
employees are paid, directly or indirectly, any compensation by way of profit from the
distribution or sale of beverages to the members of the club or to its guests, beyond the
amount of such reasonable salary or wages as may be fixed and voted each year by the
directors or other governing body.
Food Establishment License. A license issued by the City under the provisions of
Section 720 of this Code.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight.
900 - 1
City of Edina Liquor 900.02
Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by
fermentation and containing more than 3.2 percent of alcohol by weight.
Licensed Premises. The area shown in the license application as the place where wine
.or liquor will be served or consumed.
Liquor. 3.2 percent malt liquor, intoxicating liquor, and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
Off-Sale. Retail sale in the original package for consumption away from the premises
only.
On-Sale. Sale for consumption on the premises only.
On-Sale License. A license for the on-sale of intoxicating liquor issued by the City
pursuant to any law other than Minnesota Laws 1973, Chapter 441.
Original Package. Any container or receptacle holding liquor, in which the liquor is
corked or sealed at the place of manufacture.
Restaurant. An establishment, under control of a single proprietor or manager,
having appropriate facilities for serving meals and where in consideration of payment,
meals are regularly served at tables to the general public, and which employs an
adequate staff to provide the usual and suitable service to its guests, and which has a
seating capacity for not fewer than 30 guests at one time.
Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly,
as part of a commercial transaction, in violation or evasion of the provisions of this
Section, but does not include sales by State licensed liquor wholesalers selling to
licensed retailers.
State Established Legal Drinking Age. For purposes of this Section, the State
established legal age for consumption of liquor and wine is 21 years of age.
Sunday Sale License. A license for the on-sale of intoxicating liquor issued by the
City pursuant to Minnesota Laws 1973, Chapter 441.
3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more
than one-half of one percent by volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
PART A - SALE OF LIQUOR AND WINE AT OFF-SALE
900.02 Sales Limited to Municipal Liquor Stores. No intoxicating liquor, intoxicating
malt liquor or wine shall be sold, or caused to be sold at off-sale within the City by any
900 - 2
City of Edina Liquor 900.04
person, or by any store or establishment, or by any agent or employee of such person, store or
establishment, except by the City and on the premises in the City occupied by the municipal
liquor dispensary.
900.03 Dispensary Established. There is hereby established a municipal liquor dispensary
for the off-sale of liquor and wine. The dispensary shall be located at such suitable places in
the City as the Council determines by resolution.
Subd. 1 Management and Control. The dispensary shall be under the control of
the Manager. The Manager may appoint employees as deemed necessary to operate the
dispensary in full compliance with this Section and State Law. No person under the
State established legal drinking age shall be employed in the dispensary.
Subd. 2 Surety Bond. The Manager may require persons employed in the
dispensary to furnish a surety bond to the City in the same manner as prescribed by
Subsection 115.12 of this Code.
Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the
hours of operation of the dispensary shall be established by resolution of the Council.
Subd. 4 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the municipal liquor
dispensary.
900.04 Sale of 3.2 Percent Malt Liquor at Off-Sale.
Subd. 1 License Required. No person, directly or indirectly, upon any pretense or
by any device, shall sell at off-sale any 3.2 percent malt liquor without first having
obtained a license.
Subd. 2 License Procedure and Control; Fee. The provisions of Section 160 of
this Code, shall apply to all licenses required by this Subsection, and to the holders of
such licenses, except that licenses and renewals shall be granted or denied by the
Council. The application shall also describe the type of business transacted on the
licensed premises. Every person licensed, or applying for a license under this Section,
in addition to other requirements imposed by this Section for the obtaining or renewal
of a license, shall demonstrate proof of financial responsibility to the Clerk with regard
to liability imposed by M.S. 340A.801, as a condition to the issuance or renewal of
such license, in the manner and to the extent required by M.S. 340A.409; provided, if
any licensee or applicant claims exemption from the requirements of said Statute, proof
of exemption shall be established by affidavit given by the licensee or applicant. The
affidavit shall be in form and substance acceptable to the Clerk. The application shall
be accompanied by the fee in the amount set forth in Section 185 of this Code. The fee
shall be non-refundable.
Subd. 3 Prohibited Premises. No license shall be granted to any theater,
recreational hall or center, dance hall or place where dancing is permitted, or other
900 - 3
City of Edina Liquor 900.05
place of public gathering for the purpose of entertainment, amusement, or playing of
games, or any other place not eligible under M.S. 340A and the regulations of the
Commissioner. No license shall be granted for any premises where a license has been
revoked for cause for at least one year after such revocation, except that on unanimous
vote of the Council such license may be granted at any time after such revocation.
Subd. 4 Prohibited Persons. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or
any manufacturer of 3.2 percent malt liquor, or to any person who has a
financial interest, directly or indirectly, in such manufacturer, brewer or
wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United
States or any provision of State Law or this Code with regard to the
manufacture, sale or distribution of liquor.
D. Any person not eligible under M.S. 340A.402 and the regulations of the
Commissioner.
Subd. 5 Location. No license shall be granted to premises within 250 feet of any
public school.
Subd. 6 License Term. Every license, issued under this Section shall expire at
12:01 A.M. on April 1, following its date of issuance.
Subd. 7 Licenses Not Transferable. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license was
granted, by any means whatsoever, including, without limitation, devise or descent or
involuntarily by the operation of law, without the person and premises to whom and to
which the license is to be transferred having first submitted an application containing
all of the information required in an original application, and complying with all
requirements for an original license, and receiving the approval of the Council, and
where required, the Commissioner.
Subd. 8 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the sale of 3.2 percent
malt liquor.
PART B - GENERAL REQUIREMENTS FOR SALE OF LIQUOR
AND WINE AT ON-SALE
900.05 License Required. No person, directly or indirectly, upon any pretense or by any
device, shall sell at on-sale any wine or liquor without first obtaining a license of the
applicable type herein described:
900 - 4
City of Edina Liquor 900.06
A. Club On-Sale Liquor License - permits the sale of liquor and wine at on-sale.
B. 3.2 Percent Malt Liquor License - permits the sale of 3.2 percent malt liquor at on-
sale.
C. Wine License - permits the sale of wine at on-sale. (Intoxicating malt liquor may
be sold on premises holding both a 3.2 percent malt liquor license and a wine license.)
D. Temporary On-Sale Intoxicating Liquor License - permits the sale of intoxicating
liquor at the Edina Foundation Ball.
E. Temporary On-Sale 3.2 Percent Malt Liquor License - permits the sale of 3.2
percent malt liquor at events sponsored by certain organizations.
900.06 Requirements for On-Sale Licenses.
Subd. 1 License Procedure and Control; Fee. The provisions of Section 160 of
this Code, shall apply to all licenses required by Subsection 900.05 and to the holders
of such licenses, except that licenses and renewals shall be granted or denied by the
Council and the Commissioner if required by State Law. The application shall also
describe the type of business transacted on the licensed premises. Every person
licensed, or applying for a license, under this Section, in addition to other requirements
imposed by this Section for the obtaining or renewal of a license, shall demonstrate
proof of financial responsibility to the Clerk with regard to liability imposed by M.S.
340A.801, as a condition to the issuance or renewal of such license, in the manner and
to the extent required by M.S. 340A.409; provided, if any licensee or applicant claims
exemption from the requirements of said statute, proof of exemption shall be
established by affidavit given by the licensee or applicant. The affidavit shall be in
form and substance acceptable to the Clerk. The application shall be accompanied by
the fee in the amount set forth in Section 185 of this Code. The fee shall be non-
refundable.
Subd. 2 Prohibited Premises. No license shall be issued for any premises where a
license has been revoked for cause for at least one year after such revocation, except
that on unanimous vote of all members of the Council such license may be granted at
any time after such revocation.
Subd. 3 Prohibited Persons. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or
any manufacturer of 3.2 percent malt liquor, or to any person who has a
financial interest, directly or indirectly, in such manufacturer, brewer or
wholesaler.
B. Any person under the State established legal drinking age.
900 - 5
City of Edina Liquor 900.07
C. Any person convicted of any willful violation of any law of the United
States or any provision of State Law or this Code with regard to the
manufacture, sale or distribution of liquor.
D. Any person not eligible under M.S. 340A.402 and the regulations of the
Commissioner.
Subd. 4 Location. No license shall be granted to premises within 250 feet of any
public school.
Subd. 5 License Term. Every license, issued under this Section shall expire at
12:01 A.M. on April 1, following its date of issuance. Temporary licenses issued
pursuant to this Section shall expire on the date specified in the license.
Subd. 6 Licenses Not Transferable. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license was
granted, by any means whatsoever, including, without limitation, devise or descent or
involuntarily by the operation of law, without the person and premises to whom and to
which the license is to be transferred having first submitted an application containing
all of the information required in an original application, and complying with all
requirements for an original license, and receiving the approval of the Council, and
where required, the Commissioner. Any change in the persons named in the original
application or any change in the information in such original application shall be
deemed a transfer for the purposes of this Section. Provided, however, the following
changes shall not be deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10% or less
cumulatively of the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10% or less
cumulatively of the stock owners during the then license period; or
C. A change in one of the corporation's officers during the term of the then
license. Provided, however, the corporation shall give notice of a change in
officer to the Clerk and the new officer shall comply with all requirements of
this Section and Section 160 of this Code.
900.07 Manner of Conducting Sales.
Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the
licensee's place of business and shall maintain conditions of sobriety and order.
Subd. 2 Age. No wine or liquor shall be sold to any person under the State
established legal drinking age, or to an intoxicated person, directly or indirectly.
Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell
liquor or wine.
I
900 - 6
City of Edina Liquor 900.08
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or
permit the keeping, possession or operation on the licensed premises, or in any room
adjoining the licensed premises controlled by the licensee, any slot machines, dice or
other gambling equipment as defined in M.S. 349.30, nor permit any gambling therein,
nor permit the licensed premises or any room in the same or in any adjoining building,
directly or indirectly under licensee's control, to be used as a resort for prostitutes or
other disorderly persons; provided, however, that lawful gambling may be carried on if
allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or
this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in
any licensed place shall be owned in whole or in part by any manufacturer or brewer,
as defined in M.S. 340A, of wine or liquor.
Subd. 6 Delinquent Taxes. No .license shall be granted for operation on any
premises upon which taxes or assessments or other financial claims of the City are
delinquent and unpaid.
Subd. 7 Open to Inspection. All licensed premises shall be open to inspection by
any police officer or other designated officer or employee of the City at any time
during which the place so licensed is open for business.
Subd. 8 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504. Except, however, restaurants, hotels, and bowling centers holding a license
under Part E or Part F of this Section, or clubs holding a Sunday Sale License under
Part C of this Section, may sell intoxicating liquor or wine in conjunction with the sale
of food between the hours of 10:00 A.M. on Sundays and 1:00 A.M. on Mondays,
provided that the licensee is in conformance with the Minnesota Clean Air Act.
Subd. 9 Hours of Consumption. No liquor or wine shall be consumed by any
person on, in or about the premises of any place licensed for the on-sale of liquor or
wine after 1:30 A.M. of any day and prior to the time of that same day when such
place, pursuant to this Section, may again begin to sell liquor or wine.
900.08 Anti-Spiking.
Subd. 1 No Liquor or Wine in Non-Licensed Food Establishments. Except as
permitted by a license issued pursuant to this Section, no person shall take or carry any
wine or liquor into any food establishment as defined in Section 720 of this Code.
Subd. 2 Mixing or Sale for Mixing Prohibited. Except as permitted by a license
issued pursuant to this Section, no person shall mix with liquor or wine or sell for the
purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any
food establishment as defined in Section 720 of this Code.
Subd. 3 Illegal to Permit Mixing. Except as permitted by a license issued pursuant
to this Section, no person shall consume, or permit the consumption, mixing or spiking
900 - 7
City of Edina Liquor 900.12
of any beverage by adding to the same any liquor, in any building or place operated as
a food establishment as defined in Section 720 of this Code.
Subd. 4 Presumption. The fact that any person in any food establishment, as
defined in Section 720 of this Code, sold any liquid or beverage to a person who
thereupon and therein added to such liquid or beverage any liquor or wine shall be
prima facie evidence that such liquid or beverage was sold by such person for the
purpose of adding liquor or wine and shall be prima facie evidence that such person
and the person's employer permitted the mixing or spiking of such liquid by adding
wine or liquor.
900.09 Bottle Clubs.Prohibited. Except as permitted by a license issued pursuant to this
Section, establishments or clubs that directly or indirectly allow the consumption or display of
wine or liquor, or knowingly serve any liquid for the purpose of mixing with liquor or wine,
shall be prohibited. Permits for bottle clubs issued by the Commissioner under M.S.
340A.414 shall not be approved by the Council.
PART C - SPECIAL REQUIREMENTS FOR CLUB AND TEMPORARY
ON-SALE LIQUOR LICENSES
900.10 Special Licensing Requirements. In addition to the requirements imposed by
Subsection 900.06, a club on-sale liquor license may be issued only to a club which held a
license prior to January 1, 1940, for the sale of intoxicating liquor. No license shall be issued
to any club which after January 29, 1934, has been convicted of any willful violation of any
law of the United States or any provision of State Law, or any local ordinance, with regard to
the manufacture, sale, or distribution of intoxicating liquor, nor to any club which has any
license issued under this Section revoked after said date for any willful violation of this Code
or such laws.
No person, directly or indirectly, upon any pretense or by
(� ting liquor on Sunday without first having obtained a Sunday
ense a person must have a club on-sale liquor license and
��}` I ►section 900.06, Subd. 1.
\ 1"Ai temporary on-sale intoxicating liquor license may be issued
'.ons:
VX,,-} jl� ;sued only to the holder of a then current club on-sale liquor
k.s
license shall be issued during each calendar year.
rut the licensee to sell intoxicating liquor only in connection
Ball.
D. Such license shall allow the on-sale of liquor and wine only, and only on the
premises described in the license.
900 - 8
City of Edina Liquor 900.15
E. Such license shall be issued for one period of time, the length of which does not
exceed 24 consecutive hours.
PART D - SPECIAL REQUIREMENTS FOR ON SALE 3.2 PERCENT
MALT LIQUOR LICENSES
900.13 Special Licensing Requirements. In addition to the requirements imposed by
Subsection 900.06, 3.2 percent malt liquor licenses shall be issued only to (i) private clubs
which have been incorporated for more than ten years and which own and operate club houses
for their members in which the serving of such liquor is incidental to and not the major
purpose of such club, (ii) restaurants, (iii) golf courses, (iv) the Edina Golf Dome, (v) bowling
centers and (vi) hotels as defined in M.S.340A.
900.14 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.
900.15 Temporary On-Sale License. Temporary on-sale 3.2 percent malt liquor licenses
may be issued on the following terms and conditions:
Subd. 1 Applicant Requirements. Such licenses shall be issued only to applicants
which are:
A. A corporation or organization organized for service to the community,
state, or nation, for social purposes, for the promotion of sports or for the
promotion of persons to elective office, where the serving of 3.2 percent malt
liquor is incidental to and not the main purpose of the organization; or
charitable or religious corporations for and to which gifts are deductible from
the income of the donor under the Internal Revenue Code of 1986, as now
enacted or as supplemental or amended; and
B. Which meet all the following requirements by presentation of evidence
satisfactory to the Manager:
1. Applicant must have been in existence and actively engaged in programs
intended to further and promote the purposes for which organized for a
period of at least 18 consecutive months prior to the date application is
made for such license.
900 - 9
City of Edina Liquor 900.16
2. Applicant must be organized for one or more of the purposes set out in
paragraph A. of this Subd. 1 and not for the sole or main purpose of
obtaining such license.
Subd. 2 License Restrictions.
A. Not more than two such licenses shall be issued to any one corporation or
organization in a calendar year, and there shall be at least 30 days between the
license issue dates.
B. Not more than four such licenses shall be issued to any one location in a
calendar year.
C. Only one such license shall be issued for any date.
D. Each such license shall allow the on-sale of 3.2 percent malt liquor only,
and only on the premises described in, and for the days specified in, the license.
E. Each such license shall be issued for three consecutive days only.
Subd. 3 Application for Temporary License. An application for a temporary
license shall be submitted and processed pursuant to Subsection 900.06, including
payment of the fee in the amount as set forth in Section 185 of this Code. The fee shall
be non-refundable.
Subd. 4 Applicants to Which License Requirements Apply. The provisions of
Subsection 900.13 shall not apply to licenses issued pursuant to this Subsection.
Subd. 5 Transfer of License. Once granted, and upon application made at least
five days in advance of the dates for which the license is issued; an applicant may
request a transfer of the license to another period of three consecutive days. The
Manager may grant such transfer if no temporary on-sale 3.2 percent malt liquor
license has been issued for that same time period.
PART E - SPECIAL REQUIREMENTS FOR ON-SALE WINE LICENSES
900.16 Special Licensing Requirements; Fees. In addition to the requirements imposed by
Subsection 900.06, the following special requirements shall apply to on-sale wine licenses.
Subd. 1 Licensed Premises. On-sale wine licenses shall be issued only to premises
that meet the following requirements:
A. The premises must be a restaurant having seating capacity for not fewer than
30 guests at one time which is located in the R-1 District, or the PCD-1,
PCD-2, PCD-3 Subdistricts, or the Mixed Development District as
established by Section 850 of this Code.
900 - 10
City of Edina Liquor 900.16
B. The premises must have an exclusive entrance from and exit to the exterior
of the building in which the license premises is located or to a public concourse
or public lobby, and have a physical barrier separating the licensed premises
from other areas so as to prevent the passing of patrons other than through the
required entrances and exits.
C. Have a valid food establishment license issued pursuant to Section 720 of
this Code and have adequate space, as determined by the Sanitarian, for the
storage, preparation and handling or service of food and wine.
D. The premises must be under the control of the licensee.
E. The premises must have been approved by the Commissioner.
F. The premises shall not be increased in size or changed in seating capacity
during the then license period.
G. The premises shall have not more than 15% of its seating capacity located at
a bar or service counter during the license period.
Subd. 2 Licensed Person. The on-sale wine licensee must:
A. Be an individual owner, a partnership or a corporation.
B. If an individual, not have (i) been convicted, within the five years prior to
the application for a license, of any violation of any law of the United States,
the State, or any other state or territory, or of any local ordinance with regard
to: (a) the manufacture, sale, distribution or possession for sale or distribution
of intoxicating liquor or other controlled substances as defined by State Statute,
(b) gambling, (c) theft, or (d) vice; or (ii) had an intoxicating liquor license,
including a wine on-sale license, revoked for any violation of any statutes,
ordinances or regulations relating to the manufacture, sale, distribution or
possession of liquor or wine.
C. Have a manager, licensed under Subd. 6 of this Subsection in charge of and
on the licensed premises at all times during which the licensed premises are
open for business.
D. Sign a statement indicating that the licensee has reviewed and understands
the pertinent provisions of this Section and applicable State laws.
E. Not have applied for nor hold a federal wholesale or retail liquor dealer's
special stamp or a federal or State gambling or gaming stamp or license.
F. Not be an employee or elected official of the City.
G. Not have falsified any information given either in the application or in the
process of investigation.
900 - 11
City of Edina Liquor 900.16
H. On renewal, not have been found in violation of any provision of this
Section or applicable State Law.
I. If an individual, be a U.S. citizen or resident alien.
J. Not be financially indebted to a person who is disqualified under paragraphs
B., E., or F. of this Subd. 2.
I
Subd. 3 Additional Information on Application. In addition to the requirements
set forth in Subsection 900.06, the applicant, in the application form, shall provide all
information required by the State Department of Public Safety and other information as
deemed necessary by the City during the application process to determine compliance
with the provisions of this Section and applicable State Law.
Subd. 4 Renewal Applications. On-sale wine license renewal applications shall be
made at least 60 days before and not earlier than 150 days before the expiration date of
the license. A manager's license renewal application shall be made at least 30 days
before and not earlier than 150 days before the expiration date of the license. If, in the
judgment of the Council as to on-sale wine licenses, and in the judgment of the
Manager as to manager's licenses, good and sufficient cause for the applicant's failure
to apply for a renewal within the time provided is shown, the Council, or Manager, as
the case may be, may, if the other provisions of this Section are complied with, grant
the license.
Subd. 5 Investigation Fees and Deposit. Upon application, the applicant shall
deposit $500.00 with the City for the investigation fee. If the investigation requires
out-of-state investigation, an additional $2,000.00 shall be deposited before further
processing of the application by the City. The cost of the investigation shall be based
on the expense involved, but in no event shall it exceed $500.00 if the investigation is
limited to the State or $10,000.00 if outside the State. All deposit monies not expended
on the investigation shall be refunded to the applicant. All investigative expenses
incurred in excess of the deposit shall be paid prior to consideration of the license
application by the Council. Investigation fees for license renewal shall not exceed
$100.00 unless there is a change of ownership of more than 10% cumulatively over the
then existing license period.
Subd. 6 Manager's License. The individual or individuals in charge of the licensed
premises pursuant to paragraph C. of Subd. 2 of this Subsection shall be licensed
pursuant to this Subd. 6.
A. Each individual manager shall apply for a manager's license on application
forms provided by the Clerk. The application shall be accompanied by the fee
in the amount set forth in Section 185 of this Code. The application shall be
processed in a manner similar to that for an on-sale wine license except a
manager's license shall be granted or denied by the Manager. Each application
shall describe the licensed premises to be managed by the applicant. The
900 - 12
City of Edina Liquor 900.17
manager's license shall be restricted to the licensed premises described in the
application and shall not be transferable to any other individual.
B. No investigative fee shall be required for a manager's license application,
but if investigated with an application for an on-sale wine license and if
investigation of the proposed manager for the licensed premises results in
additional expense, or out-of-state investigation, additional deposits may be
required to be made under Subd. 5 of this Subsection.
C. The applicant for a manager's license, in order to be issued a manager's
license hereunder, shall and must comply with all requirements of this Section
and State Law which are applicable to an applicant for a manager's license
including, without limitation, Subd. 2 of this Subsection and Subsection 900.17.
Subd. 7 Training Requirement. No on-sale wine license or a manager's license
shall be issued unless the applicant therefore shall have complied with the training
requirements imposed by this Subd. 7.
A. On-Sale Wine License. Within 30 days following the issuance of a new on-
sale wine license, the licensee shall submit evidence satisfactory to the Clerk
that not less than 75% of the employees authorized to serve or sell wine or
liquor on the licensed premises have completed an alcohol awareness program
approved by the Police Chief. An applicant for the renewal of an on-sale wine
license shall submit evidence satisfactory to the Clerk that not less than 75% of
the employees authorized to serve or sell wine or liquor on the licensed
premises have, not more than 90 days prior to the date of the application,
completed an alcohol awareness program approved by the Police Chief.
B. Manager's License. An applicant for the issuance or renewal of a
manager's license shall submit evidence satisfactory to the clerk that the
manager has, not more than 90 days prior to the date of application, completed
an alcohol awareness program approved by the Police Chief.
900.17 Conditions of Sale. In addition to the requirements of Subsection 900.07, the
following special requirements shall apply to the on-sale of wine.
Subd. : Percentage of Food Sold. No person, directly or indirectly, upon any
pretense or by any device, shall sell any wine unless at least 60 percent of the gross
receipts of the licensed premises on an annual basis are attributable to the sale of food.
This requirement shall be established by an affidavit of the licensee on a form provided
by the Clerk. The affidavit shall be given with each application for issuance or renewal
on an on-sale wine license, or at other time as the clerk may request. If the application
is for the renewal of an on-sale wine license, the affidavit shall also include the actual
percentage of gross receipts attributable to the sale of food during the immediately
preceding 12 month period. The Clerk, at any time and from time to time, may
require that any such affidavit be verified and confirmed, on a form provided by the
Clerk, by a Certified Public Accountant who is a member of the Minnesota Society of
900 - 13
City of Edina Liquor 900.19
Certified Public Accountants. Failure or refusal of a licensee to give such affidavit
with such application, or on request of the Clerk, or any false statement in any such
affidavit, shall be grounds for denial, suspension or revocation of all licenses held by
such licensee for the on-sale of wine.
Subd. 2 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
may be sold or consumed.
Subd. 3 Denied Sales or Consumption. No sales or consumption of wine shall be
permitted beyond the licensed premises.
Subd. 4 Container Volume Restrictions. Wine may not be sold, served or
consumed in containers larger in volume than one liter.
Subd. 5 Sale Prices for Wine. No licensee shall promote the consumption of wine
on the licensed premises by any means or methods which result in wine prices which
are less than those normally charged on the then regularly used menu, including, but
not limited to, two-for-one or similar offers, prizes, coupons, games or barters.
Subd. 6 Diluting, Changing, or Tampering with Wine Prohibited. No licensee
shall sell, offer for sale or keep for sale, wine in any original package that has been
refilled or partly refilled. No licensee shall directly or through any other person,
dilute, or in any manner tamper with, the contents of any original package so as to
change its composition or alcoholic content while in the original package. Possession
on the premises by the licensee of any wine in the original package differing in
composition, alcoholic content or type from the wine received from the manufacturer
or wholesaler from whom it was purchased shall be prima facie evidence that the
contents of the original package have been diluted, changed or tampered with.
Subd. 7 Sunday Sales. Holders of wine licenses may sell wine during the same
hours on Sunday as holders of Sunday sale licenses may sell intoxicating liquor.
Subd. 8 State Law. All applicable provisions of State Law shall be complied with
in connection with the on-sale of wine.
PART F - SPECIAL REQUIREMENTS FOR ON-SALE
OF INTOXICATING MALT LIQUOR
900.18 License Requirements. No person, directly or indirectly, upon any pretense or by
any device, shall sell at on-sale any intoxicating malt liquor unless such person, and the
premises where such sale is to be made, then has in force and effect (i) a license validly issued
by the City for the on-sale of wine, and (ii) a license validly issued by the City for the on-sale
of 3.2 percent malt liquor.
900.19 Conditions of Sale. No person, directly or indirectly, upon any pretense or by any
device, shall sell any intoxicating malt liquor unless in full compliance with the requirements
imposed by Subsection 900.07 and Subsection 900.17 of this Code.
900 - 14
City of Edina Liquor 900.22
PART G - MISCELLANEOUS
900.20 Headings. For purposes of this Section, the Parts A through G and the language
with each Part, shall be a part of this Section and used in interpreting this Section.
900.21 License Revocation or Suspension. The penalty and remedy provisions of M.S.
340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to
enforce this Section in addition to the provisions of Sections 100 and 160 of this Code.
Provided, however, the hearing required by said Statute before a license can be suspended or
revoked shall be before the Council and shall be held pursuant to the procedures set forth in
Section 160 of this Code.
900.22 Incorporation by Reference. The provisions of M.S. 340A. which are referenced
in this Section are hereby adopted and incorporated by reference and made a part of this
Section, including all regulations of the Commissioner which relate to such incorporated
provisions of M.S. 340A.
History: Ord 902 adopted 1-11-84; amended by Ord 902 Al 4-24-85; Ord 902-A2 12-11-85;
Ord 902-A3 4-23-86; Ord 902-A4 6-25-86; Ord 902-A6 12-19-89; Ord 902-A7 5-23-90; Ord
902-A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9, Ord 902-A10 4-10-91; Subsection 900.22
repealed by Ord 1993-1 1-20-93; Ord 1993-11 10-27-93; Subsection 900.26 repealed by Ord
1994-1010-12-94; amended by Ord 1995-1112-19-95; amended by Ord 1997-1412-1-97
Reference: Minnesota Laws 1973, Chapter 441 (Sunday sale licenses for clubs); Minnesota
Laws, 1980, Chapter 410 (Sales at Edina Foundation Ball), M.S. 340A, 349
Cross Reference: Sections 100, 160, 185, 720, 850; Subsection 115.12
900 - 15
City of Edina Liquor 905.02
Section 905 - Open House Parties
905.01 Definitions. For the purpose of this Section, the following terms shall have the
stated meanings:
Alcoholic Beverage. Any beverage containing more than one-half of one percent of
alcohol by weight.
Control. The right of possession of a residence or premises.
Controlled Substance. Any drug, substance or immediate precursor so defined in
M.S. 152.01.
Minor. A person not legally permitted by reason of age to possess alcoholic
beverages pursuant to the provisions of this Code and State law.
Residence or Premises. A home, apartment, condominium, hotel room, premises,
or other dwelling unit or meeting room or hall, whether occupied on a temporary
basis or permanent basis, whether occupied as a dwelling or for a social function,
owned, rented, leased or under the control of any person or persons including the
curtilage of such residence or premises.
Open House Parry. A social gathering of persons at a residence or premises. A
social gathering attended only by the owners, or those with rights of possession of
the residence or premises, or their immediate family members, shall not be
considered an open house party for purposes of this Section.
905.02 Acts Prohibited. No person having control of any residence or premises shall
allow an open house party to take place at the residence or premises if any alcoholic
beverage or controlled substance is possessed or consumed at the open house party by any
minor.
History: Ord 905 adopted 5-I1-88
Reference: M.S. 340A.801; 152
905 - 1
City of Edina Misdemeanors and Nuisances 1035.02
Section 1035 - General Nuisances
1035.01 Authority and Definition.
Subd. 1 Authority. By M.S. 412.221, Subd. 23, the Council shall have the power
by ordinance to define nuisances and provide for their prevention and abatement.
Therefore, this Section is adopted.
Subd. 2 Definition. A nuisance is a thing, act, occupation or use of property
which:
A. Annoys, injures, or endangers the safety, health, comfort, or repose of the
public;
B. Offends public decency;
C. Unlawfully interferes with, obstructs, or tends to obstruct or render
dangerous for passage, a lake, stream, canal, or basin or a public park,
square, street, alley or highway; or
D. In any way renders the public insecure in life or in use or property.
1035.02 Nuisances Affecting Public Health. The following are declared to be nuisances
affecting public health:
Subd. 1 Stagnant Water. All ponds, pools and accumulation of stagnant water.
Subd. 2 Pollution of Public Water. The pollution or contamination of any well
or cistern, stream, lake, canal, or body of water by sewage, creamery, or industrial
waste or other substance.
Subd. 3 Smoke, Fumes, Gas and Soot or Cinders. Smoke, fumes, gas and soot,
or cinders in such quantities as to render the occupancy of property uncomfortable
to a person of ordinary sensibilities.
Subd. 4 Discarded or Disused Equipment or Material and Refuse. Accumulations
of discarded or disused machinery, household appliances and furnishings, or other
material, or storage in the open of machinery, equipment, or materials not in
normal use on the premises where stored, in a manner conducive to the harboring
of rats, mice, snakes or vermin, or to fire, health or safety hazards from such
accumulations. Accumulations of refuse as defined in Section 705.01 of this Code.
Subd. 5 Dangerous, Unguarded Machinery that Attracts the Public. All
dangerous, unguarded machinery, in any public place, or so situated or operated on
1035 - 1
City of Edina Misdemeanors and Nuisances 1035.03
private property as to attract the public.
Subd. 6 Any Well, Hole, Excavation, or Large Appliance Dangerous to Child or
Others. Any well, hole, or excavation left uncovered or in such other condition as
to constitute a hazard to a child or other person, being or coming upon the premises
where the same is located; or any discarded or unused icebox, refrigerator, or other
similar device or object which is left outside or in such condition as to be accessible
to any child being or coming upon the premises where the same is located.
Subd. 7 Attractive Nuisance. Any structure, building, excavation, appliance,
equipment or condition that attracts any person onto the premises where the
condition is located and which may be a hazard to such person.
Subd. 8 Barbed Wire. Barbed wire which is installed less than eight feet above
the adjoining ground.
1035.03 Nuisances Affecting Health, Safety and Welfare. The following are declared to
be nuisance affecting health, safety and welfare:
Subd. 1 Radio Aerials. Radio aerials strung or erected in any manner except that
allowed by the provisions of this Code.
Subd. 2 Ice, Snow or Rainwater. Allowing ice, snow, or rainwater to fall from
any building or structure upon any street or sidewalk, or to direct any rainwater or
water from ice melt or snow melt so as to flow across any public sidewalk.
Subd. 3 Waste Water. Discharging any sump pump water, swimming pool water,
or water which has been used in a manufacturing process or mechanical process so
as to flow upon or over streets, sidewalks, or other public property or private
property except that owned by the person discharging the water. Provided,
however, swimming pool water, sump pump water and waste water permitted to
be discharged into public waters by State Law and Federal Law may be discharged
into the City storm sewer system provided that such discharge shall not accumulate
so as to become stagnant.
Subd. 4 Construction Material. The outdoor storage of pipe, lumber, forms,
machinery, or other construction material or supplies except for the purpose of
construction or repair work being done to structures on the same property and
pursuant to a valid building permit issued in accordance with Section 410 of this
Code.
Subd. 5 Household Furnishings and Appliances. The outdoor storage of
furnishings and appliances except furnishings designed for outdoor use such as
picnic tables and lawn chairs.
1035 - 2
City of Edina Misdemeanors and Nuisances 1035.03
Subd. 6 Dead Trees and Limbs. Dead trees, dead tree limbs or portions thereof
that could cause property damage or injury if they were to fall.
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 with Subd. 2 of Subsection 1055.04 of
this Code.
History. Ord 1031 codified 1970
Reference: M.S. 412.221, Subd. 23
Cross Reference: Section 410; Subsection 1055.04
1035 - 3
City of Edina Misdemeanors and Nuisances 1050.03
Section 1050 - Maintenance of Vegetation
1050.01 Purpose. It is the purpose of this Section to prohibit the uncontrolled growth of
vegetation, while permitting the planting and maintenance of landscaping or garden
treatments which add diversity and a richness to the quality of life. There are reasonable
expectations regarding the proper maintenance of vegetation on any lot or parcel of land.
It is in the public's interests to provide standards regarding the maintenance of vegetation
because vegetation which is not maintained may threaten public health, safety and order,
and may decrease adjacent property values. It is also in the public's interests to encourage
diverse landscaping and garden treatments, particularly those which restore native
vegetation which requires less moisture and place a lower demand on the public's water
resources. The City enacts this Section to balance these competing interests.
1050.02 Definitions. Unless the context clearly indicates otherwise, the following terms
shall have the stated meanings.
Native Grasses and Forbs. Grasses, including prairie grasses and flowering broad-
leaf plants which are indigenous to the State.
Natural Area. Any wetland or floodplain designated by Section 850 of this Code,
or any area of mature woodland, prairie and meadow vegetation native to the State.
Ornamental Grasses and Groundcovers. Grasses and groundcovers not indigenous
to the State. Ornamental grasses and groundcovers do not include turf grasses.
Planned Landscape Area. An area where ornamental grasses and groundcovers or
native grasses and forbs are planted pursuant to a plan.
Restoration Area. An area where native grasses and forbs are being or have been
intentionally re-established.
Turf Grasses. Grasses commonly used in lawn areas, including any blue grass,
fescue or rye grass blends or any other similar grasses.
Weed. (i) Any plant which is identified by the State Commissioner of Agriculture
as a noxious weed or secondary noxious weed pursuant to M.S. 18.77, Subd. 8, or
(ii) any volunteer plant, except trees and other woody vegetation, which is not
customarily or intentionally planted.
1050.03 Where Planted.
Subd. 1 Ornamental Grasses and Groundcovers. Ornamental grasses and
groundcovers shall be planted only in a planned landscape area.
1050 - 1
City of Edina Misdemeanors and Nuisances 1050.05
Subd. 2 Native Grasses and Forbs. Native grasses and forbs shall be planted only
in a planned landscape area or a restoration area.
1050.04 Location of Restoration Areas and Planned Landscape Areas.
Subd. 1 Setback. A restoration area or a planned landscape area must provide
the following minimum setbacks:
Front Street or Side Street (as measured
from the traveled portion of the street) 20 feet
Side Yard or Rear Yard 5 feet
Provided, however, that a required side yard or rear yard setback may be reduced
to 0 feet if:
A. A fully opaque fence at least five feet in height is installed on the lot line
adjoining the restoration area or planned landscape area, or
B. The restoration area or planned landscape area abuts (i) a restoration
area on any adjoining lot, (ii) a public park or open space, (iii) a vacant lot,
(iv) a wetland, pond, lake or stream, (v) or natural area, or
C. The restoration area or planned landscape area is located on slopes equal
to or greater than three feet horizontal to one foot vertical (3:1).
Subd. 2 Composition of Setback Area. The setback area required by Subd. 1 of
this Subsection shall be composed of pavement, rock, gravel, wood chips, regularly
mowed turf grasses, trees or shrubs.
1050.05 Maintenance Standards. Every owner of property shall maintain the vegetation
growing thereon according to the following minimum standards:
Subd. 1 Turf Grasses. Turf grasses shall be regularly cut such that no individual
plant shall exceed, at any time, ten inches in height or length as measured from its
base at the ground to the tip of each stalk, stem or blade. Provided, however, that
turf grasses (i) located on slopes equal to or steeper than three feet horizontal to
one foot vertical (3:1) or (ii) within 20 feet of a wetland, pond, lake or stream,
need not be maintained in accordance with this Subd. 1.
Subd. 2 Weeds. Weeds shall be regularly cut or controlled such that no
individual plant shall exceed at any time ten inches in height or length as measured
from its base at the ground to the tip of each stalk, stem, blade or leaf. Noxious
weeds as defined by the State Commissioner of Agriculture shall be eradicated.
1050 - 2
City of Edina Misdemeanors and Nuisances 1050.08
Subd. 3 Planned Landscape Areas and Restoration Areas. Planned landscape
areas and restoration areas shall be cut at least once between May 1 and August 1
of each year to a height no greater than ten inches. Provided, however, that
planned landscape areas and restoration areas (i) located on slopes equal to or
steeper than three feet horizontal to one foot vertical (3:1) or (ii) within 20 feet of
a wetland, lake, pond or stream, need not be cut as required by this Subdivision.
No person shall permit ornamental grasses and groundcovers growing on the
person's property to invade adjoining properties.
1050.06 Non-Conforming Planned Landscape Areas and Restoration Areas. Any planned
landscape area or restoration area which lawfully existed prior to the effective date of this
Section may continue to exist and need not comply with the requirements of Subsection
1050.04, but shall comply with Subsection 1050.05. Any expansion or addition to a non-
conforming planned landscaped area or restoration area shall comply with all provisions
of this Section.
1050.07 Exemption. Parks and natural areas owned by the City and rights-of-way owned
by the County and State shall be exempt from the requirements of this Section.
1050.08 Abatement.
Subd. 1 Nuisance. Any vegetation which does not meet the requirements of this
Section is declared to be a nuisance.
Subd. 2 Conditions Allowing Inspector to Enter Property. The weed inspector or
assistant weed inspector of the City, or persons authorized by the weed inspector
or assistant weed inspector may enter upon property to cut, remove, destroy and
eradicate vegetation declared to be a nuisance under this Section. Entry by the
weed inspector, assistant weed inspector or persons authorized by the weed
inspector or assistant weed inspector, for the purpose of cutting, removing,
destroying or eradicating vegetation shall be done only after written notice is served
upon the owner, and the occupant if other than the owner, of the property to be
entered, and failure of the owner oraccupant to cut down, remove, destroy or-
eradicate vegetation declared to be a nuisance,within the time, and in such manner,
as the weed inspector or assistant weed inspector shall designate in the notice. The
notice shall be given in the manner prescribed by M.S. 18.83, Subd. 2, and shall
allow a minimum of seven days for the property owner or occupant to comply with
requirements of the notice.
Subd. 3 Owner's Responsibility for Costs Incurred. The costs and expenses
incurred by the City in connection with entering a property pursuant to Subd. 2 of
this Subsection and cutting, removing, destroying and eradicating vegetation
declared to be a nuisance, shall be paid by the owner or occupant of the property
entered pursuant to a notice containing the information and served as prescribed by
M.S. 18.83, Subd. 7. If the City is not paid the amount stated in the notice within
1050 - 3
City of Edina Misdemeanors and Nuisances 1050.08
30 days or before the following October 1, whichever is later, such amount shall
become a lien in favor of the City and a penalty of eight percent shall be added to
the amount due as of that date and the total cost, expenses and penalties shall be
certified to the auditor of Hennepin County for entry as a tax upon such property
for collection as other real estate taxes are collected, all pursuant to the provisions
of M.S. 18.83, Subd. 7.
History: Ord 1031 codified 1970; amended by Ord 1031 Al 1-3-80, 1031-A2 6-29-83, 1031-A3
3-28-90; amended by Ord 1993-4 4-5-93
Reference: M.S. 1&77, 18.83
Cross Reference: Section 850
1050 - 4
City of Edina Public Utilities 1100.03
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
1100.01 Sanitary Sewer and Water Utility Established. The City sanitary sewer and water
system shall be operated as a public utility pursuant to M.S. 444.075 from which revenues
will be derived subject to the provisions of this Section and State Law. The sanitary sewer
and water utility shall be part of the Public Works Department and under the direction of
the Engineer.
1100.02 Purpose for Charges. The rates and charges established by this Section are for
the purpose of paying (i) the share allocated to the City by the Metropolitan Waste Control
Commission established by M.S. 473.503 for the operation and maintenance costs of the
metropolitan disposal system and as defined in M.S. 473.121, Subd. 24, and (ii) the
operation, construction, reconstruction, maintenance, repair, enlargement, improvement,
use and administrative expenses of the City sanitary sewer and water system.
1100.03 Sewer and Water Charges.
Subd. 1 Classifications. The Council may classify sanitary sewer services and
water services according to:
A. Land use and density.
B. Areas with water or sanitary sewer services supplied by other cities.
C. City Park Department and Street Department usage.
All classifications shall be as set forth in Section 185 of this Code.
Subd. 2 Rates. The rates for each classification including flat annual charges and
minimum charges shall be as set forth in Section 185 of this Code.
Subd. 3 Industrial User Extra Strength Charges. To pay the costs allocated to the
City each year by the Metropolitan Waste Control Commission that are based upon
the strength of discharge of industrial users receiving waste treatment services
within or served by the City, there is hereby approved, adopted and established, in
addition to the other charges established by this Subsection, a sewer charge upon
each person receiving waste treatment services within or served by the City based
upon strength of industrial waste discharged into the sewer system of the City. The
industrial user extra strength charges sent to the City by the Metropolitan Waste
Control Commission shall be collected from the user which generated the industrial
waste as provided in Subd. 5 of Subsection 1100.04.
1100 - 1
City of Edina Public Utilities 1100.04
Subd. 4 Other Charges. In addition to the charges permitted by this Subsection,
the City may make charges for the following:
Y
A. Shutting off or resuming service at the curb stop if done at the customer's
request, if done to terminate service pursuant to Subd. 3 of Subsection
1100.05 or if done to undertake repairs pursuant to Subd. 2 of Subsection
1100.06. The charge will be in the amount set forth in Section 185 of this
Code.
B. Repairs undertaken by the City pursuant to Subd. 2 of Subsection
1100.06. The charge shall be equal to the cost of the repairs including the
cost of supervision and administration.
C. Replacement or repair of City issued or approved metering devices if
required due to damage or negligence.
1100.04 Meters; Meter Reading; Billing; Payment.
Subd. 1 Meter Required.
A. All permanent service connections to the City water system shall be
metered by a metering device and read-o-matic issued by the City. The
metering device and read-o-matic shall be installed by the owner of the
property in accordance with Section 440 of this Code.
B. The owner of (i) a residential building with more than four dwelling
units or (ii) any residential building which is served by City sanitary sewer
but is not served by City water, shall install and maintain in good working
condition, a meter on the building's water supply for the purpose of
estimating the building's discharge to the sanitary sewer system. The meter
shall be issued by the City, or in the alternative, the owner may install a
sewage metering device approved by the Engineer.
C. The fee for the issuance of a meter shall be as set forth in Section 185 of
this Code.
D. The City may remove any meter at any time for testing, calibration, or
replacement.
Subd. 2 Meter Reading. The City shall cause each meter required by Subd. 1 of
this Subsection to be read once every three months. If the meter cannot be read
when scheduled, the City may estimate the meter reading based upon the actual
water consumption during the corresponding time period in the then immediately
preceding year, or of the then immediately preceding time period for meters
installed less than one year.
1100 - 2
City of Edina Public Utilities 1100.05
Subd. 3 Basis for Sewer Charge. The basis for the sewer charge shall be:
A. For all uses except single dwelling unit and double dwelling unit
buildings as defined by Section 850 of this Code, the quantity used for
computing the sewer charge shall be equal to either (i) the metered quantity
of water used during each billing period or (ii) the metered discharge to the
sanitary sewer system during each billing period if the building is equipped
with a sewage metering device.
B. For single dwelling unit and double dwelling unit buildings, as
determined by Section 850 of this Code, the metered usage of water as
computed following the meter reading taken in February, March, or April of
each year shall be used to determine the sewer charge for each subsequent
billing period for that year.
C. Buildings which are not connected to the City water system, and which
are not required by Subd. 1 of this Subsection to have a sewage metering
device shall be charged the minimum sewer charge provided by Section 185
of this Code.
D. Metered water services used exclusively for irrigation purposes shall not
be required to pay a sewer charge.
Subd. 4 Basis for Water Charge. The basis for the water charge shall be the
metered usage of water pursuant to Subd. 2 of this Subsection.
Subd. 5 Billing. Following the recording of a meter reading the City shall render
a bill to the owner, lessee, or occupant of the property so metered. The amount of
the bill shall be based upon (i) the metered usage of water or sewer services times
the rates established by Section 185 of this Code, (u) industrial user extra strength
charges sent to the City by the Metropolitan Waste Control Commission for
collection, (iii) any other charges permitted by this Section.
Subd. 6 Payment, Loss of Discount,Interest. All bills shall be payable at the City
Hall within 21 days of the date rendered. Bills not so paid lose any discount
offered, and the full amount of the bill shall be payable after the said 21 days. Bills
not paid within 30 days of the date rendered shall be charged interest at a rate
equal to the lesser of (i) the highest rate allowed by law, or (ii) two percentage
points in excess of the rate charged by the City on special assessments.
1100.05 Delinquent Accounts, Collection, Termination of Service.
Subd. 1 Notice. If payment is not received within 60 days of the date the bill for
water or sewer services was rendered, the City shall issue a notice to the person
whose name appears on the City's records as being responsible for the account.
1100 - 3
City of Edina Public Utilities 1100.05
A copy of the notice shall also be sent to the owner or manager of the property if
different than the account holder. The name and address of the owner shall be
determined from records maintained by the Assessor or other appropriate records
in the City. The notice shall state that:
A. The City intends to terminate water service (if the property is served by
City water);
B. The reason for the proposed termination of service;
C. The City may certify the delinquent charges to the County for collection
in accordance with Subd. 4 of this Subsection;
D. The City may seek collection of the delinquent charges by any other
remedies; and
E. The time period provided prior to termination of the water service and
prior to certification with the County or before other collection remedies are
begun, for (i) paying the delinquent bill, (ii) requesting an opportunity to
discuss the delinquent bill with a City employee designated by the Manager
and identified in the notice, (iii) requesting a hearing pursuant to Subd. 2 of
this Subsection. The time period provided in the notice shall be not less than
ten days after the date of the notice.
Subd. 2 Hearing. If the notice given in accordance with Subd. 1 of this
Subsection provides for the termination of the water service, the person who is
responsible for the delinquent account may file a written appeal with the Clerk. The
appeal must be filed within ten days of the date of said notice. All appeals under
this Subdivision shall be heard by the Council. The hearing shall be held not later
than 30 days after receipt of the appeal. A notice of the date, time, place and
purpose of the hearing by the Council shall be mailed not less than ten days prior
to the hearing to the person who filed the appeal. No action shall be taken by the
City to terminate the service, certify to the County for collection, or exercise other
remedies until the appeal is decided by the Council. After hearing the oral and
written views of the person filing the appeal, other interested persons and City staff,
the Council shall make its decision at the same meeting or at a specified future
meeting.
Subd. 3 Termination of Water Service. The City may proceed to terminate the
water service if:
A. Payment is not received within the time period provided in the notice and
no appeal is received within ten days of the date of the notice; or
B. An appeal is received within ten days of the date of the notice, and the
1100 - 4
City of Edina Public Utilities 1100.06
Council orders termination of the water service following a hearing held
pursuant to Subd. 2 of this Subsection; or
C. No appeal is received but a request to discuss the delinquent bill is
received and a resolution of the delinquent bill is not reached after
discussions between the person responsible for the bill and the designated
City employee identified in the notice.
Subd. 4 Certification of Delinquent Accounts. If payment is not received within
the time period provided in the notice, or if a resolution of the delinquent bill is not
reached, the City may certify the delinquent balance to the County Auditor with
taxes against the property served, for collection as other taxes are collected. Such
certification shall not preclude the City or its agent from recovery of the delinquent
bill using any other available remedy.
Subd. 5 Termination of Service for Two or More Properties. The City may
terminate water service in accordance with this Subsection even if such termination
will affect property in addition to that owned or occupied by the person responsible
for the account. A copy of the notice required by Subd. 1 of this Subsection shall
be sent to the owner of such property that would be affected by the termination of
a water service and said owner shall have the same right to appeal to the Council
and to discuss the bill with the identified City employee as does the person
responsible for the account.
1100.06 Water Main or Service Line Defects.
Subd. 1 Water Main Defects. When defects in the City owned water system
causes substantial water loss, any water service may be temporarily discontinued
until repairs are made.
Subd. 2 Service Line Defects. If a service line is defective between the curb stop
and the meter, the property owner shall make necessary repairs within five days
after notification by the City. If repairs are not undertaken within five days, the
City may discontinue service and make the necessary repairs.
History:Ord 1101 codified 1970;amended by 1101-Al 12-23-71, 1101 A210-4-73, 1101 A3 5-9-
74, 1101-A4 1-14-76, 1101-A5 8-11-76, 1101-A6 11-3-76, 1101-A7 6-28-78, 1101-A8 7-16-80,
1101-A9 8-13-90, 1101 A10 3-12-86, 1101 All 11-12-86
Reference: M.S. 444.075, 412.321, 473.121, 473.501 et seq.
Cross Reference: Sections 185, 440, 850
1100 - 5
City of Edina Streets and Parks 1230.02
Section 1230 - Conduct in Parks and Public Places
1230.01 Definitions. Unless the context clearly indicates otherwise, the following words and
phrases have the meanings given in this Subsection.
Park. Property owned by the City which is used or is usable for park, recreation or open
space purposes.
Programmed Park. Any enclosed park in which activities are programmed or scheduled
by the Park Director, including, but not limited to Edinborough Park.
Publicly Owned Property. Any property owned by the City, County or State.
Sidewalk. An improved thoroughfare located on a public right-of-way or public
easement limited to usage by pedestrians and non-motorized vehicles.
Sidewalk Cafe. Tables, chairs, benches and appurtenant equipment located on a
sidewalk (i) for the exclusive use by patrons of an abutting food establishment as defined
by Section 720 of this Code, or (ii) where the service of food or beverages is offered to
persons using such tables, chairs and benches.
Street. A right-of-way which is used or is usable as a public thoroughfare for motorized
or non-motorized vehicles or pedestrians. "Street" as used herein includes public
highways, streets, roads, and alleys.
1230.02 Conduct in Parks, Streets, Sidewalks, and Publicly Owned Property. No person,
in any park, street, sidewalk or publicly owned property, shall:
A. Cut, break, scratch, mark or in any way injure or deface or remove any building,
fence, post, pump, lamp, flagpole, construction work, improvement, facility or any other
structure or property.
B. Post, paste, fasten, paint or affix any placard, bill, notice, or sign upon any motor
vehicle, structure, pole, tree, stone, fence, thing or enclosure unless first authorized in
writing by the City.
C. Pick or cut any wild or cultivated flower, or cut, break, or in any way injure or deface
any tree, shrub or plant,provided that a property owner may prune trees and shrubs on the
street right-of-way adjoining his or her property subject to the permission of the Park
Director.
D. Remove any wild flower, tree, shrub, plant, branch or portion thereof, or any soil or
other material.
E. Go on foot or otherwise upon grass or turf where a prohibitory sign is posted.
1230 - 1
City of Edina Streets and Parks 1230.02
F. Throw or cast any stone or other object, or aim or discharge any air gun, sling shot or
other weapon except according to the rules of a game or recreation permitted in writing
by the City.
G. Deposit, place or leave any paper, rubbish, waste, cans, bottles, or refuse of any kind
except in receptacles provided for the collection of waste.
H. Deposit, place, or leave in publicly owned waste receptacles refuse generated from
normal household or business activities.
I. Start or maintain any fire except small fires made by picnic parties in those locations in
parks designated for that purpose by the City.
J. Abandon any fire made pursuant to paragraph 1. of this Subsection without completely
extinguishing the fire and depositing the ashes or coals from such fire, after they have
cooled sufficiently, in receptacles provided for waste.
K. Perform acts prohibited by Section 1000 of this Code.
M. Set, lay, or prepare or use any trap, snare, artificial light, net bird line, ferret, hawk or
any contrivance or device whatever for the purpose of catching, taking or killing any bird
or wild creature. The prohibition in this paragraph shall not apply to trapping by any
means or methods done by the City, or done under its direction, or done by any other
governmental agency or department with the written permission of the Manager, or done
by any person with a valid trapping license issued by the State and with the written
permission of the Manger. All trapping shall be done in accordance with State Law.
N. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
O. Consume intoxicating or non-intoxicating malt liquor, wine, or intoxicating liquor, as
defined in Section 900 of this Code, except that:
1. 3.2 percent malt liquor, intoxicating malt liquor and wine which is dispensed
by the City or by an authorized agent of the City may be consumed subject to
other applicable provisions of this Code and subject to the rules and regulations of
the Park Director pursuant to Subsection 1230.06 in the following places:
a. Inside the clubhouse building or on decks, patios and other outdoor
dining areas which are adjacent to the clubhouse building at Braemar Golf
Course and at Fred Richards Golf Course.
b. Inside the Edinborough Park building, the Centennial Lakes Park
Centrum building, the building at Arneson Acres Park, the Edina Art
Center Building and on decks, patios and other outdoor dining areas which
are adjacent to such buildings.
1230 - 2
City of Edina Streets and Parks 1230.03
2. 3.2 percent malt liquor which is dispensed by the City or by an agent of the
City pursuant to a temporary on-sale 3.2 percent malt liquor license issued in
accordance with Section 900 of this Code may be consumed subject to other
applicable provisions of this Code and subject to the rules and regulations of the
Park Director pursuant to subsection 1230.06 within the confines of the ball field
complex at Van Valkenburg Park.
3. 3.2 percent malt liquor which is dispensed by the City or by an agent of the
City pursuant to a 3.2 malt liquor license issued in accordance with Section 900 of
the City Code may be consumed subject to other applicable provisions of this
Code and subject to the rules and regulations of the Park Director pursuant to
Subsection 1230.06 on the grounds of Braemar Golf Course and Fred Richards
Golf Course.
4. 3.2 percent malt liquor, intoxicating malt liquor, and wine may be consumed at
sidewalk cafes which are licensed in accordance with Section 900 of this Code
and which are authorized by a permit issued pursuant to Subsection 1230.07 of
this Code.
P. Destroy, injure, or tamper with any sewer, storm sewer, water main, culvert or any
part thereof including manhole covers, tanks or valves.
Q. Hitch any animal to a lamp post, hydrant, drinking fountain, tree or other structure or
picket an animal to the ground.
R. Park or occupy a vehicle or occupy a street or sidewalk to sell any farm produce or
any other product or property, or for conducting any business or selling of services except
as provided in Subsection 1230.07 of this Code.
S. Place any vehicle to display the vehicle for sale or exchange.
T. Work, grease, repair, change oil or maintain in any way a vehicle, except as
necessitated by an emergency.
U. Use a skateboard, roller skates, in line roller skates or blades, or similar devices, (i)
in a municipal parking facility, (ii) on or across a sidewalk within or adjoining property in
the PC-1, PC-2, or PC-3 Districts as defined by Section 850 of this Code, or(iii) upon the
traveled portion of a street. Notwithstanding the foregoing, roller skates or in-line roller
skates or blades may be used on the traveled portion of streets if no adjoining sidewalk is
present.
V. Feed any wild animal or bird, or deposit a food source for wild animals or birds.
1230.03 Additional Restrictions for Parks and Publicly Owned Properties. In addition to
the requirements of Subsection 1230.02, no person shall in any park or publicly owned property:
1230- 3
City of Edina Streets and Parks 1230.04
A. Place or keep any goods, wares, merchandise or other articles without the written
permission of the Park Director.
B. Participate in or conduct any band procession, parade or military formation without
the written permission of the Park Director.
C. Promote or participate in an entertainment or exhibition without the written
permission of the Park Director.
D. Give any public speech or hold or participate in any rally, convention, assembly or
meeting without the written permission of the Park Director, which shall be withheld only
when necessary to prevent conflict with regular park activities.
E. Sell or offer for sale any article in any public park; provided, that refreshments or
other articles may be sold by the City or by persons authorized to do so by the Park
Director.
F. Be in or remain in, or park or leave any vehicle between the hours of 12 midnight and
6 A.M., except when the vehicle is moving upon a street or when permitted by the Park
Director.
G. Drive or park a vehicle on any area not designated for parking or travel.
H. Take or allow any dog or other animal where forbidden by posted signs.
I. Take or allow any horse or other livestock upon any park, publicly owned property or
public waters without the written permission of the Park Director.
J. On any public skating rink, no person shall race, play games which interfere with the
general public use, use hockey sticks or pucks in areas not marked for hockey play, or
loiter in public warming houses.
K. Play or participate in baseball, diamond ball, basketball, football, golf, tennis, archery
or any other game or sport except in or upon appropriate areas established by the City for
such game or sport.
L. Play upon, use, or enter any publicly owned property without having first paid an
admission or entry fee when one is required.
M. Bathe or swim in water adjoining a park except at places and during hours shown by
signs placed by the City.
1230.04 Additional Restrictions for Programmed Parks. In addition to the requirements of
Subsections 1230.02 and 1230.03, no person in a programmed park shall:
1230-4
City of Edina Streets and Parks 1230.05
A. Act in a manner that is disruptive or distracting to programmed or scheduled
activities.
B. Use the park or any equipment in a manner inconsistent with the programmed or
scheduled activities.
C. Physically obstruct or hinder free passage on walkways and paths within the park.
D. Run or move rapidly along walkways or pathways within the park in a manner that
would interfere with sedentary use of the park or would be disruptive or dangerous to
pedestrian traffic within the park.
E. Be or remain within the park before or after posted hours of operation without written
permission of the Park Director.
F. Be or remain within any area of the park closed to public use without written
permission of the Park Director.
G. Walk, run, climb, sit, stand or be physically present in any area designed for or
planted with vegetation, or be in any water area or other area not designed for human
activity.
H. Use any electric sound receiving, transmitting or reproducing device in such a manner
as to annoy or disturb persons within the park, or disturb or interfere with programmed or
scheduled activities.
I. Use or consume alcoholic beverages contrary to this Code or contrary to any rules and
regulations of the Park Director or contrary to any license or lease by which the user or
consumer is within the park.
J. Use or consume alcoholic beverages not dispensed by a person or group duly licensed
by the City to use the park.
K. Use tobacco in any form.
L. Operate skateboards, roller skates, in line roller skates or blades, bicycles, scooters, or
similar vehicles or devices, unless part of a programmed or scheduled activity.
M. Act disorderly.
N. Trespass.
1230.05 Additional Requirements for Waterbodies. In addition to the requirements of
Subsection 1230.02, no person shall on any lake, pond or stream within the City:
1230 - 5
City of Edina Streets and Parks 1230.07
A. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
B. Use any mechanically propelled boat or other watercraft unless being used for
emergency rescue or the maintenance of the lake, pond, or stream.
C. Use any watercraft unless in full compliance with State Law and the rules and
regulations of the State Commissioner of the Department of Natural Resources including
the use of personal floatation devices.
D. Erect or maintain a shelter on the ice unless the shelter is portable and is removed j
each day.
E. Start or maintain any fire on the ice provided that a manufactured heater using liquid
or gaseous fuel may be used.
1230.06 Additional Rules and Regulations. The Park Director may adopt additional rules
and regulations not contrary to the provisions of this Code governing the use and enjoyment of
parks, programmed parks, playgrounds, lakes,ponds, streams and other publicly owned
properties which shall be prominently posted or publicly announced in the places where they are
intended to apply. Any person who violates a rule or regulation so posted may be excluded from
the use of the park, programmed park, lake, pond, stream or other publicly owned property and
may in addition be prosecuted as for a misdemeanor.
1230.07 Special Permits for Pushcarts and Sidewalk Cafes. Notwithstanding the
requirements of this Section 1230, certain pushcarts and sidewalk cafes are permitted on
sidewalks subject to the requirements of this Subsection.
Subd. 1 Pushcarts. Pushcarts, as defined by Section 720 of this Code, may be
located on sidewalks within the area included in the plan prepared by the HRA entitled,
"50th and France Commercial Area Plan" dated December 3, 1974, subject to a permit
issued pursuant to this Subdivision.
A. In addition to the requirements of Section 160 of this Code, no permit shall be
issued for a pushcart unless the following requirements are met:
I
1. The pushcart must be licensed in accordance with Section 720 of this
Code.
2. The applicant for a permit must possess a valid food establishment license
or take-out food license, pursuant to Section 720 of this Code, for a food
establishment located in the 50th and France commercial area.
3. The pushcart shall not exceed eight feet in length, four feet in width, and
eight feet in height.
1230 - 6
I
City of Edina Streets and Parks 1230.07
4. The pushcart shall be equipped with casters or wheels to permit ease of
movement.
5. The pushcart shall be equipped with facilities for the disposal of trash
generated by the pushcart.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
1. Pushcarts shall be parked on public sidewalks and walkways only in those
locations specified in the permit.
2. Pushcarts shall be stored indoors following the close of business each day.
3. Only food or beverages for immediate consumption may be offered from
the pushcart.
4. Cleaning, servicing, and maintenance of the pushcart shall be undertaken
only in an area approved by the Sanitarian.
C. Permits issued pursuant to this paragraph shall expire on March 31 of each
calendar year.
D. The number of permits which may be in force under this Subd. 1 at any one
time shall not exceed six.
Subd. 2 Sidewalk Cafes. Sidewalk cafes may be located on sidewalks subject to a
permit issued by the City Manager pursuant to this Subdivision. Applications for a
sidewalk cafe permit shall be made on forms supplied by the Clerk and shall include a
plan drawn to scale which illustrates the exact location of the proposed sidewalk cafe
together with distances and dimensions of the adjoining buildings, the sidewalk, the
distance to and location of the traveled portion of the street and distances to all
obstructions in the vicinity. The application shall be accompanied by the fee set forth in
Section 185 of this Code. If the application is denied, the application fee less $100 shall
be returned to the applicant.
A. In addition to the requirements of Section 160 of this Code, no permit shall be
issued or renewed for a sidewalk cafe unless the following requirements are met:
1. The applicant must possess a valid food establishment license pursuant to
Section 720 of this Code.
1230- 7
i
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City of Edina Streets and Parks 1230.07
2. A distance of at least 200 feet shall be maintained between the nearest
point of the sidewalk cafe to the nearest point of property used for residential
purposes.
3. The applicant must furnish to the Clerk, evidence that public liability
insurance has been procured for any death or personal injury arising from the
ownership, maintenance, or operation of the sidewalk cafe in amounts not
less than $100,000 for injury to or death of one person, of$300,000 for any
one incident, and not less than $50,000 for damage to property arising from
any one incident. The applicant shall maintain such insurance in effect at all
times during the term of the permit. The City shall be named as an additional
named insured in the policy providing such insurance.
i
4. The applicant shall indemnify and hold the City and the City's officials
and employees harmless from any loss, cost, damage and expenses arising out
of the use, design, operation, or maintenance of the sidewalk cafe.
i
5. The area occupied by the sidewalk cafe shall abut and shall be operated as
part of the food establishment operated by the applicant. No part of the
sidewalk cafe shall adjoin any premises other than the applicant's food
establishment.
6. The City Manager shall find that the sidewalk cafe will not unduly restrict
the safe usage of the sidewalk by the public after taking into consideration the
location of obstructions, vehicular traffic and other impediments to the
passage of pedestrians. The City Manager shall renew a permit only upon
finding that the operation of the sidewalk cafe complied with all provisions of
this Subdivision and did not constitute a nuisance as defined by Section 1035
of this Code.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of sidewalk cafes.
1. Only food or beverages for immediate consumption may be offered for
sale.
2. Intoxicating or non-intoxicating malt liquor or wine may be consumed j
only if the sidewalk cafe is licensed pursuant to Section 900 of this Code.
I
3. No expansion of the area occupied by the sidewalk cafe from that shown
on the permit application shall be made.
4. No tables, chairs, furnishings, planters, railings or other obstructions shall
be placed or remain on the sidewalk between November 1 and April 1 except
on a day to day basis when the sidewalk cafe is open for business.
1230 - 8
i
i
City of Edina Streets and Parks 1230.08
5. The applicant shall maintain the sidewalk cafe in a clean and sanitary
condition as required by Section 720 of this Code.
6. The applicant shall promptly replace or repair any damage to the sidewalk
or other public property caused by the applicant's use of the sidewalk as a
sidewalk cafe.
C. Permits issued pursuant to this Subdivision shall expire on March 31 of each
calendar year.
1230.08 Exception. The provisions of this Section 1230 shall not apply to employees and
agents of the City who are performing job related duties under the direction of the Manager,
Engineer, or Park Director.
History: Ord 1222 codified 1970; amended by Ord 1222-A1 11-29-78; 1222-A2 I1-28-79;
1222-A3 6-24-87; Ord 1993-5 4-28-93; Ord 1994-6 7-27-94; Ord 1995-6 8-17-95; Ord 1997-
1412-15-97
Cross Reference: Sections 160, 720, 900, 1000
1230- 9