HomeMy WebLinkAbout2000-01 Supplement Old Pages Memorandum
Date: 3/6/00
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement 2000-1
1 am sending you the newest update for your Edina City Code book. This
supplement contains all ordinances adopted by the City Council through March
6, 2000. Please replace the following pages as noted:
Table of Contents -Remove and replace entire table of contents
Section 140 -Remove Section 140 and replace with the attached. New
Ordinance 2000-2 changed 140.01 B. adding "sexual orientation"
Section 185 - Remove all of Schedule "A"and replace with the attached,
new fees for year 2000
Section 400- Remove your entire Section and replace with the
attached.Changes to sign ordinance via Ord. 2000.1
Section 440- Remove your entire Section and replace with the
attached.Changes to UBC via Ord 99-8
Section 720 - Remove your entire Section and replace with the
attached new Section 721, recodifying the food code. Ord. 1999-12
Section 735 - Remove your Section and replace with the attached new
Section 735, Ord.1999-13
Section 850 - Remove your entire Section and replace with the
attached, changes made by Ordinances 1999-11 and 2000-4
Section 1340 - Remove entire Section 1340 and replace with Section
1341 amended by Ord. 2000-1
Feel free to contact me with any questions regarding this supplement
or Edina's Code.And please be sure to let me know if you spot an error
so it can be corrected with the next supplement. Thanks!
CITY OF EDINA 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
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
I
CHAPTER 8. LAND USE, PLATS AND ZONING
I
Section 800 - Heritage Preservation Board
Section 805 - Planning Commission
Section 810 - Plats and Subdivisions
Section 815 - Radio and Television Antennas and Towers
I
2
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 j
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 140.04
Section 140 - Human Relations Commission
140.01 Policy Statement. It is the public policy of the Council to:
A. Work and cooperate with the Board of Education of Independent School District
No. 273, Minnesota (the "School Board") to carry out the purpose and intent of this
Section.
B. Secure for all of the residents of the City freedom from discrimination because
of race, color, creed, religion, age, sex or national origin in connection with
employment,housing and real property,public accommodations,public services and
education.
C. Support the home, family and human relations in the City.
D. Cooperate with the State Department of Human Rights, the Minnesota League
of Human Rights Commissions and other agencies in their programs of human
rights.
140.02 Establishment. To further accomplishment of the above policies, the Human
Relations Commission (the "Commission") is hereby established.
140.03 Duties. The Commission shall:
A. Advise and counsel the Council and School Board on matters relating to
discrimination and human relations referred to herein.
B. Implement such programs of education and community action which are
designed to effectuate the public policy stated in Subsection 140.01 and which have
been approved by the Council.
C. Cooperate with the State Department of Human Rights, the State League of
Human Rights Commissions and other agencies and programs which relate to the
public policy stated herein.
D. Investigate, study, report and undertake other functions as are assigned to local
commissions under and pursuant to M.S. 363, and to discharge its duties under M.S.
363 with regard to specific matters referred to it by the State Commissioner of
Human Rights or filed with it by individuals.
140.04 Membership. The Commission shall consist of 12 regular members, appointed
by the Mayor with the consent of a majority of the Council, but six of the 12 regular
members shall be from a list presented to the Council by the School Board. The
Commission may appoint an ex officio youth member to the Commission to participate in
140 - 1
City of Edina General Code Provisions and Administration 140.06
all discussions. Members of the Commission shall be residents of the City, be appointed
for a term of three 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. Whenever the term of a member originally proposed by the
School Board expires, that member's successor shall be chosen from a list presented by the
School Board. Members of the Commission shall serve without compensation and may
resign voluntarily or be removed by majority vote of the Council or pursuant to Subsection j
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.
140.05 Organization. The Commission shall:
A. Elect from its members a chair and a vice chair, each of whom shall serve for
a period of not more than two years.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint secreta from its membership or request that a staff secretary be
PP a secretary
furnished by the City or the School District. 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.
I
140.06 Meetings. All meetings of the Commission shall be open to the public, be
governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The
Commission shall hold its regular meetings on such fixed date and in such fixed place as
it from time to time shall determine. The minutes of all meetings shall be recorded and
a copy thereof transmitted to each member of the Council and School Board.
History. Ord 106 3-1-73; amended by Ord 106-A 1-16-78, Ord 106-A2 6-27-79
Reference. M.S. 363
i
i
140 - 2
City of _ is eneral Code Provisions and Administration 185.01-Scht..__e A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
200 200.04 Public Dance Permit $50.00 1
215 215.04 Bingo Occasion, Gambling Device, $10.00 per permit 5
Raffle Permit
220 220.04 Machine Or Amusement Device License $60.00 per establishment per year plus: 10
plus $12.00 per machine 11
300 300.02, Redemption Of Impounded Animals $16.00 per day for feeding&care, any veterinarian services and impounding 15
Subd. 2 fee of:
a) If animal has not be impounded within one year prior to date of 16
impounding- $35.00
b) If animal has been impounded once with the year prior to the date of 17
impounding-$60.00
c) If animal has been impounded twice or more within one year prior to the 18
date of impounding-$110.00
300 300.02, Disposal Of Animal $20.00 per animal 19
Subd. 3
300 300.03, Dog License $26.00 per dog or$13.00 per neutered dog 20
Subd. 3
300 300.03, Dog License Renewal- 1 year $12.00 per dog or$9.00 per neutered dog 21
Subd. 3 (Late Charge After March 1)
300 300.03, Dog License Renewal - 2 year $26.00 per dog or$13.00 per neutered god 21a
Subd. 3 (Late Charge After March 1)
300 300.03, Duplicate Dog License Tag $6.00 per duplicate tag 22
Subd. 4
300 300.04, Commercial Kennel License $55.00 per year 23
Subd. 2
300 300.15 Permit For Extra Dogs Or Cats $100.00 24
405 405.01 Landscaping, Screening, Or Erosion $100.00 25
Control Site Plan Permit
410 410.02, Building Permit If total valuation of work is: Then amount is 30
Subd. 1 $1.00 to $500.00 * $21.00
$501.00 to$2,000.00 * $21.00 for first$500.00 plus $2.75 for 31
each additional$100.00 or fraction
thereof to and including$2,000
185-2
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
410 410.02, Building Permit If total valuation of work is: Then amount is 32
Subd. 1 $2,001.00 to$25,000.00 * $62.25 for first$2,000.00 plus $12.50
for each additional$1,000.00 or
fraction thereof to and including
$25,000,00
$25,001.00 to$50,000.00 * $349.75 for first$25,000.00 plus $9.00 33
for each additional$1,000.00 or
fraction thereof to and including
$50,000
$50,001.00 to$100,000.00 * $575.75 for first$50,000.00 plus $6.25 34
for each additional $1,000.00 or
fraction thereof to and including
$100,000.00
$100,000.00 to$500,000.00 * $887.25 for the first$100,000.00 plus 35
$5.00 for each additional$1,000.00 or
fraction thereof to and including
$500.000.00
$500,001.00 to $1,000,000.00 * $2887.25 for the first$500,000.00 plus 36
$2.25 for each additional $1,000.00 or
fraction thereof to and including
$1,000,000.00
$1,000,001.00 and up * $5012.25 for the first$1,000,000.00 37
plus $2.75 for each additional
$1,000.00 or fraction thereof
* plus surcharge pursuant to M.S. 16B.70
Plan Review 65% of Permit Fee 37a
410 410.02, Re-Inspection Fee Assessed Under $42.00 per hour or the total hourly cost to City, whichever is greatest. 38
Subd. 1 Provisions Of UBC, Section 108.8 (includes supervision, overhead, equipment, hourly wages and fringe benefits
of employees involved.)
410 410.02, Building Code Compliance Inspection $150.00 Residential 39
Subd. 1 $320.00 Commercial 40
410 410.02, Residential Building Contractor, $5.00 surcharge pursuant to M.S. 326.86 41
Subd. 3 Remodeler Or Specialty Contractor
License Verification
415 415.02 Permit For Moving Of Building $212.00 45
City of a neral Code Provisions and Administration 185.01-Sch A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
415 415.02, Indemnity Deposit For Damages $530.00, unless licensed by Commissioner of Transportation 46
Subd. 3 Sustained By Moving Of Building
421 421.03 R-O-W Work Annual Registration $200.00 50
421 421.04 R-O-W Excavation Permit $70.00 50a
Administrative Fee
Per Additional Excavation-Paved Area $30.00 50b
Per Additional Excavation-Unpaved Area $15.00 50c
Underground Utility/Telecom Installation $40.00 per 100 L. Ft. 50d
- Directional Boring Or Tunneling(Plus
Minimum Permit Fee)
Underground Utility/Telecom Installation $55.00 per 100 L. Ft. 50e
-Open Trenching(Plus Minimum Permit
Fee)
Overhead Utility/Telecom Installation $5.00 per L. Ft. 50f
(Plus Minimum Permit Fee)
421 421.07, Street Surface Repair Under 10 square feet 0$25.00/square foot 51
Subd. 3 10-25 square feet 0$20.00/square foot 51a
over 25 square feet- $17.00/square foot 51b
430 430.03 Installers' Licenses: Oil Burner; Stoker; $55.00 55
Steam Or Hot Water Hearing;
Mechanical War Air Heating; Air
Conditioning; Refrigeration, and Gas
Piping Installers
435 435.07 Gas Piping Permit; Oil Burner, Stoker, Minimum Fee:
Steam Or Hot Water Heating, Residential-$22.00 plus surcharge pursuant to M.S. 1613.70 60
Mechanical Warm Air Heating And Air Commercial- $27.00 plus surcharge pursuant to M.S. 1613.70 61
Conditioning Or Refrigeration Permit Fee Calculations:
so- $1,000 *$16.00 plus 3.10% >$500.00 62
$1,001 - $5,000 *$31.50 plus 2.60% >$1,000.00 63
$5,001 - $10,000 *$135.50 plus 2.15% >$5,000.00 64
$10,001 - $25,000 *$243.00 plus 1.85% > $10,000.00 65
$25,001 - $50,000 *$520.50 plus 1.65% >$25,000.00 66
$50,001 and over *$933.00 plus 1.30% >$50,000.00 67
*plus surcharge pursuant to M.S. 1613.70
185-4
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
440 440.04 Plumbing Or Water Conditioning Permit Fees same as for gas piping permit(See 435 above) 75a
440 440.04 Water Conditioning Equipment $22.00 plus surcharge pursuant to M.S. 16B.70 76
Installation Permit
440 440.4 Installation Or Testing Of RPZ Backflow $27.00 77
Preventers
445 445.08 Surcharge For Prohibited Connection To $100.00 per month 78
Sanitary Sewer
450 450.05 Swimming Pool Construction Same as the fees for a building permit(See 410.02 Subd 1, fees) 80
450 450.27, Public Or Semi-Public Swimming Pool $380 per year for each enclosed pool(partial or all of the year) 81
Subd. 4 License $205.00 per year for each outdoor pool 82
450 450.27, Public Or Semi-Public Whirlpool Bath Or $105.00 per year 83
Subd. 4 Therapeutic Swimming Pool License
460 460.06, Sign Permit $60.00 85
Subd. 1
460 460.06, Courtesy Bench Sign Permit $15.00 per year 86
Subd. 1
460 460.06, Sign Variance Fee $125.00- Residential Property 87
Subd. 6. $250.00-Commercial Property 88
475 475.03, Parking Ramp License $100.00 per year 90
Subd. 1
605 605.07 Permits Required By UFC Minimum fee: $75.00 95
Special Hazard Permit: Class I: General hazard and fire safety inspections requiring a special hazard 96
permit-$75.00
Class II: Special hazard inspection involving various hazardous materials 97
and/or processes in occupancies of buildings less than 3000 sq. ft. in area-
$125.00
Class III: Special hazard inspection primarily directed at, but not limited to, 98
buildings or occupancies 3000 sq. ft. or larger where any of the following
are present: Multiple hazards, Storage handling, and/or processes involving
dangerous or toxic materials, substances and/or processes; or Occupancies
in which valuation or high valuation presents unique circumstances. -
$175.00
City of a eneral Code Provisions and Administration 185.01-Sch - e A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
615 615.03 License To Service Fire Extinguishers $30.00 per year per person licensed 100
620 620.04 Permit Fee For Cleaning Commercial $75.00 105
Cooking Ventilation System
625 625.03 Sprinkler Permit Fees: Per Number of Heads: 110
1 - 5 *$50.00(minimum fee)
6-25 *$75.00
26- 50 *$145.00
51 -75 *$190.00
76- 100 *$225.00
101 - 125 *$255.00
126- 150 *$270.00
151 - 175 *$290.00
176-200 *$310.00
201 plus *$330.00 for first 200 + $1.00 for each
additional head
*plus surcharge pursuant to M.S. 16B.70
625 625.03 Fire Pump Installation And Associated $90.00 118
Hardware
Standpipe Installation $90.00 119
Each Additional Pipe $10.00 120
625 625.03 Fire Alarm System Permit Same as for building permits(See Subs. 410.02, Subd 1 above) 121
635 635.02 False Fire Alarm $300.00-Residential 125
$500.00-Commercial 126
710 710.04, Private Sewage Disposal System Permit $30.00 130
Subd. 3
716 716.02 Recycling Service: Single Family $6.69 per quarter 131
Double Bungalow $6.69 per quarter 132
Apartments/Condos (2-8 units) $5.43 per quarter 133
720 720.04, Food Establishment License $560.00 per year$510.00 if certified per Subsection 720.04 Subd 3C 135
Subd. 3 $145.00 per year for each additional facility 135a
Day Care, Limited Food Establishment $175.00 per year 136
License
Take-Out Food Facility License $375.00 per year$315 if certified per Subsection 720.04 Subd 3C 137
Packaged Food Sales License $165.00 per year 138
185-6
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
720 720.04 Food Warehouse License $95.00 per year 139
Subd. 3
Continued Catering Food Establishment License $560.00per year$510.00 if certified per Subsection 720.04 Subd 3C 140
$145.00 per year for each additional facility
Itinerant Food Establishment License $95.00 per event 141
Retail Candy Shop License $75.00 per year 142
$10.00 each additional facility
Potentially Hazardous Food Vehicle $115.00 per year 143
License
Potentially Hazardous Food Vehicle $575.0 per year 144
License- Fleet of Five or More
Catering Food Vehicle License $205.00 per year 145
$50.00 per year each additional vehicle
Food vehicle license $115.00 per year 146
Food Vehicle License- Fleet of Five or $575.00 per year 146a
More
Pushcart License $170.00 per year 147
Food Vending Machine License $15.0 per machine per year 148
720 720.06 Food Establishment Plan Review Minimum Fee $25.00 149
New Construction 100% of Food Establishment License Fee 150
based upon ultimate Food Establishment
Category
Addition/Remodel/Repair or $50% of Food Establishment License Fee 151
Renovation of Existing based upon ultimate Food Establishment
Facility Category
735 735.03 Hotels Hotels $270.00 for 1-50 Rooms plus$2.00/room for each room over 50 155
735 735.03 Lodging or Boarding Houses License $75.00 per location 156
740 740.04 Multiple Dwelling Parking Garage $35.00 per single tract of land(may contain more than one building under 157
License same ownership
740 740.04 Multiple Dwelling Parking Garage $65.00 per garage 158
Inspection Fee
810 810.09, Neighborhood Property Owner List $1.00 per property owner name 160
Subd. 3C
1
City of a eneral Code Provisions and Administration 185.01-Sche A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
810 810.09 Plat and Subdivision Filing Fee $100.00 per lot For division of one or more lots where no 161
new buildable lots are created
$400.00 + $50.00/lot All plats and Subdivision other than above 162
810 810.09, Developer's Agreement Fee 6.5% of the total construction cost of such public Improvements 163
Subd. 2 For City Services Rendered in
Connection with Required Street, Water,
and Sewer Improvements
815 815.03 Antennas, Dish Antennas &Tower Same fee as for a building permit(See Subdsection 410.02 Subd 1 above) 165
Permits
820 820.01 Filing of application for vacation of $300.00 170
street, alley or easement
830 830.05, Permit fee for tree removal or grading Same fee as for a building permit 175
Subd. 1 (See Subsection 410.02, Subd 1 fees above)
8030 830.05 Permit fee for open pit or excavation of Same fee as for a building permit 176
100 cubic feet or more (See Subsection 410.02, Subd 1 fees above)
845 845.04 Restricted access parking lot license $500.00
Renewals:
0-50 spaces $100.00 181
51-100 spaces $150.00 182
100-200 spaces $250.00 183
Over 200 spaces $400.00 184
850 850.04, Variance Fee Residential $150.00 190
Subd. 1 C. Commercial $250.00 191
850 850.04, Fee For Transfer of Land to Another (One) R-2 Lot $400.00 192
Subd 2 A.2 Zoning District (Two) R-2 Lots $500.00 193
All Other Transfers $750.00 194
850 850.173, Temporary Retail Sales in PID Permit $300.00- First Permit, $200.00- Subsequent Permits 195
Subd. 4 C.1a
850 850.04, Conditional Use Permit Fee shall be equal to City staff time expended and City's direct cost incurred 196
Subd. 4 A.2 in processing application. $500.00 deposit with application submission
Additional deposits of$500.00 shall con5tinue to be made as prior deposits
are expended. Deposits not expended shall be refunded to applicant
850 850.04, Temporary Conditional Use Permit $75.00 197
Subd. 5 C.1
185-8
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
850 850.10, Landscaping Inspection $100.00 198
Subd. 1 D.
850 850.04, Final Development Plan Application Fee $500.00 199
Subd. 6
900 900.07, Liquor License Fees (Per Year)
Subd. 1 On-Sale Club License $675.00 205
On-Sale Intoxicating License Restaurants Only $11,000.00 206
Off-Sale 3.2 Malt Liquor(New) $319.00 207
Off-Sale 3.2 Malt Liquor(Renewal) $252.00 208
On-Sale 3.2 Malt Liquor(New) $319.00 209
On-Sale 3.2 Malt Liquor(Renewal) $252.00 210
Wine On-Sale Restaurants Only: 1 -50 Seats $829.00 211
51 - 100 Seats $910.00 212
101-150 Seats $978.00 213
Over 150 Seats $1,045.00 214
Temporary On-Sale Intoxicating License Per Day $50.00 215
Temporary On-Sale 3.2% Malt Liquor Per Event $57.00 216
Sunday On-Sale License Restaurants Only $200.00 218
Manager's License Per Person/Year $77.00 219
1020 1020 False Automatic Alarm $105.00 for the third and each subsequent response within one calendar year 220
1040 1040.08 Loudspeaker Permit $15.00 225
1045 1045.05 Variance Fee RV's Boats, etc. Storage $50.00 230
1100 1100.03, Sewer Service Charge: Based upon water usage during winter quarter. (November 1 to March 1)
Subd. 2
Single Family Dwellings, Town To and including 1600 cubic feet $29.12 per quarter 235
Houses, Two-Family Dwellings, From 1601 cubic feet&over $1.82 per 100 cubic feet 236
Apartment Building Containing Four
Or Less Dwelling Units:
Apartment Buildings With More Than $26.00 per quarter for each unit over four, or$1.82 per 100 cubic feet of 237
Four Dwelling Units water used during the quarter whichever is greater.
Commercial and Industrial Buildings, $34.00 per water meter or approved sewage metering devise on premises, or 238
Including Schools and Churches $1.82 per 100 cubic feet or water used during the quarter, whichever is
greater.
1100 1100.03, Industrial User Extra Strength Charges As allocated to City by Metropolitan Waste Control Commission. 239
Subd. 3
1
City of a ,eneral Code Provisions and Administration 185.01-Scho . A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1100 1100.03, Shutting Off Or Turning On Curb Water $12.50 for each turn-on and each shut-off 240
Subd. 4.A Stops at Customer's Request or Due to
Non-payment of Bill
1100 1100.04, Issuance of Water Meter Cost of Water Meter, plus handling charges 241
Subd. 1.0
1100 1100.03, Water Service: 1. $0.64 per 100 cubic feet for areas on City, except as described in#2 242
Subd. 2 below.
2. $1.64 per 100 cubic feet- Morningside area and for east side of Beard 243
Av. from West 54'St. to Fuller St. and both sides of Abbott Pl. from
West 54`h St. to Beard Av.
3. Excessive Use Charge $0.20 per 100 cubic feet 244
Meter Charge: Up to 3/a Inch Meter $7.78 per quarter 245
1 Inch Meter $10.56 per quarter
1 '/a Inch Meter $12.06 per quarter
1 '/z Inch Meter $13.57 per quarter
2 Inch Meter $21.85 per quarter
3 Inch Meter $82.90 per quarter
4 Inch Meter $105.50 per quarter
Flat Annual Charges As Follows: $2.500.00- Park Department for water used for sprinkling and skating rinks 246
$1,050.00- Street Department for water used for flushing street 247
1105 1105.01, Service Availability Charge(SAC) $1,050.00 per SAC unit X number of SAC units computes pursuant to 250
Subd. 1 Subsection 1105.01, Subd. 1 of this Code.
1105 1105.02, Charge for Connection to City Water or $1,000.00 Minimum or Assessment Cost of Like Abutting Properties 251
Subd. 1 Sewer System
1110 1110.03 Storm Water Drainage Charge $5.00 per quarter pursuant to formula in Subsection 1110.03 255
Subd. 1
1205 1205.01 Curb Cut Permit $35.00 260
1230 1230.07 Sidewalk Cafe Permit $530.00 261
1235 1235.03, Parking Permit $3.50 per month pro-rated 265
Subd. 2
Refund Parking Permit-Sticker Must Be $3.50 per month pro-rated 266
Returned
1300 1300.02, Refuse or Recycling Hauler's License $250.00 per year for I'vehicle 270
Subd. 1 $75.00 per year for each additional vehicle
185-10
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1325 1325.03 Tobacco Sale License $270.00 per location 280
1340 1340.06, Physical Culture&Health Service or $200.00-Business License 285
Subd. 1 Club, Reducing Club or Salon, Sauna
Parlor, Massage Parlor or Escort Service
License
Massage Therapist or Escort Service $70.00 Individual License 286
Individual License $25.00 Additional Location 286a
1340 1340.06 Individual Massage Therapist or Escort $70.00 287
Service Investigation Fee (At Time of
Original Application)
1340 1340.06, Investigation Fee- Business License $1,500.00 288
Subd 2
1345 1345.05 Sexually-oriented Business License $5,000.00 per year 289
Subd. 1
1345 1345.05 Investigation Fee- Sexually-oriented $1,500.00 289a
Subd. 2 Business License(At time of original
application)
1350 1350.06, Commercial Photography
Subd. 1 Manager Permit - Still Photography $25.00 290a
Manager Permit- Motion Photography $100.00 290b
Council Permit $300.00 290c
1400 1400.12 Truck Restrictive Road Permit $10.00 290
1410 1410.01 Redemption of Impounded Vehicle Fee as posted in Police Department 291
18
City of Edina Buildings,Construction and Signs 400.03
CHAPTER 4 - BUILDINGS, CONSTRUCTION AND SIGNS
Section 400 - Construction Board of Appeals
400.01 Establishment. The Council does hereby establish the Construction Board of
Appeals (the "Board") pursuant to Section 105 of the Uniform Building Code (UBC),
adopted by Section 410 of this Code.
400.02 Powers and Duties. The Board shall:
A. Fulfill duties imposed upon it by Section 105 of the UBC.
B. Consider appeals from any order, requirement, permit, decision, refusal or
determination made by the Building Official or the Sanitarian in the application or
interpretation of this Code regulating (i) construction, alteration, moving or
demolition of buildings, (ii) the construction, installation, alteration or removal of
plumbing, gas piping or equipment, water softening or filtering equipment, (iii) the
installation, alteration or removal of electrical wiring and equipment, or (iv)
excavations under Section 420 of this Code. The Board shall not hear any appeal
from, nor have any jurisdiction over, actions taken by any official of the City under
Section 102 of the UBC or under Section 470 of this Code, or any section of this
Code enforced by means of the procedures set forth in Section 470 of this Code.
C. Study and review new types of materials and methods of construction, and advise
the Building Official and the Council as to the suitability of alternate materials and
types of construction to assist in progressive development of the provisions of the
building,plumbing, heating,gas piping, and electrical codes or sections of this Code,
and to make recommendations relative to the Codes.
D. Study and review from time to time the building, plumbing, heating, gas piping,
and electrical codes or sections of this Code and similar code provisions applicable
in communities surrounding the City and such other codes as may come to their
attention, and recommend to the Council such new legislation as the Board may
deem desirable.
E. Consider matters referred to the Board by the Council or by the Building Official
and make recommendations relative to them.
400.03 Waiver of Requirements. In considering any appeal, the Board, if not prohibited
by State Law, may waive any requirement of any of the Code provisions therein referred to,
but only if the reason for such requirement does not exist because of the unusual use,
location or type of construction of the structure, or if it is demonstrated to the satisfaction
of the Board that the purpose of such requirement is met by other means or methods. The
400 - 1
i
i
City of Edina Buildings,Construction and Signs 400.07
Board, in granting any waiver of water or sewer connections required by Section 445 of this
Code, shall also make the findings of hardship and non-detriment required by Subsection
445.05 of this Code, and shall condition its waiver on delivery to the City of the agreement
required by Subsection 445.05.
400.04 Appeals.
Subd. 1 To Board. Appeals to the Board authorized by Subsection 400.02 shall
be made by filing a written appeal with the Building Official within 30 days of the
date of the order, requirement, permit, decision, refusal or determination being
appealed. The appeal shall fully state the order, requirement, permit, decision,
refusal or determination appealed from, the facts of the matter,the date thereof,and
the mailing address of the appellant. Upon the filing of such appeal, the Board shall
set a hearing date, give notice of the date, hold a hearing,provide for a record of its
proceedings and make its order on the record, all in the same manner as provided
for appeals to the Zoning Board of Appeals as set out in Section 850 of this Code.
Subd. 2 To Council. Appeals from any order or decision of the Board may be
taken to the Council, and shall be heard and decided by the Council, in the same
manner as appeals from decisions of the Zoning Board of Appeals as set out in
Section 850 of this Code.
400.05 Membership. The Board shall consist of five members who shall be residents of j
the City and are qualified by experience and training to pass upon matters pertaining to
building construction. The Building Official shall be an ex-officio member of and shall act
as secretary to the Board, but shall have no vote on any matter before the Board. Members
shall be appointed by the Mayor with the consent of a majority of the Council, shall be
appointed for a term of three years and shall 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 Board shall serve without
compensation. Board 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.
400.06 Organization. The Board shall:
A. Elect from its members a Chair.
reasonable rules and regulations as are necessary B. Adopt such reqs g and proper to carry
out its powers and duties.
400.07 Meetings. All meetings of the Board shall be open to the public, be governed by
Roberts Rules of Order, and otherwise be held pursuant to its rules and regulations. The
minutes of all meetings shall be recorded and a copy shall be transmitted to each member
of the Council.
400 - 2
City of Edina Buildings, Construction and Signs 400.08
400.08 Change of Name. All references in all sections of this Code to the Building
Construction Appeals Board or to the Building Construction Codes Commission shall mean
and refer to the Board of Appeals created by Section 105 of the UBC, and called the
Construction Board of Appeals in this Code.
History: Ord 407 adopted 1-16-80, amended by Ord 407 AI 8-5-81, Ord 1995-13-29-95
Cross Reference: Sections 410, 420, 445,.470, 850, Subsections 445.02 445.05
400 - 3
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:
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.
460 - 1
City of Edina Buildings, Construction and Signs 460.02
Accessory Sign. A sign relating in its subject matter to the lot or tract on
which it is located, or to products, accommodations, services or activities on
the premises on which it is located.
Address Sign. Postal identification numbers only, whether written or in
numeric form, having a sign area of six square feet or less.
Area Identification Sign. A sign which identifies the name of a
multiple
residential complex
neighborhood, a residential subdivision, a p p
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 principle
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 traveled portion of each street, and a point on each
curb line 30 feet from the aforementioned point of intersection.
Flag. The official flag of any country, state or municipality.
Freestanding Sign. A self-supported sign which is placed in the ground and
not affixed to any part of any structure. Freestanding signs include
monuments and area identification signs.
Governmental Sign. A sign which is erected by a governmental unit for the
purpose of directing or guiding traffic, or providing public information.
Governmental signs include community bulletin boards, area identification
sign directions, or banners erected by the City of Edina.
460 - 2
City of Edina Buildings, Construction and Signs 460.02
Height. The distance measured from the average ground elevation adjoining
a freestanding sign to the highest point of a freestanding sign.
Illuminated Sign. Any sign which is illuminated by an artificial light source.
Monument. A structure built on grade, not supported by poles, posts or a
pylon; which is constructed of brick, stone or stucco and to which a sign is
affixed.
Motion Sign. Any sign which revolves, rotates or has any moving parts.
Nameplate Sign. A sign which bears the name or address of the occupants of
the building.
Non-Accessory Sign. A sign other than an accessory sign.
Non-Commercial Opinion Sign. Any sign which is not a commercial sign
and which expresses an opinion which is deemed by the State or federal
courts to have greater protection under the constitution of the United States or
the State than a commercial sign. For purposes of this definition a commercial
sign is any sign which advertises or identifies a product, business, building,
Place, service, event or any other matter or thing of a commercial nature, even
though the matter or thing may be related to or involve a non-profit
organization.
Non-Conforming Sign. A sign which lawfully existed prior to the adoption
of this Section but does not conform to the requirements of this Section.
Permanent Sign. Any sign which is not a temporary sign.
Portable Sign. A sign so designed as to be movable from one location to
another which is not permanently attached to the ground or any structure.
Projecting Sign. Any sign or any part thereof which extends by more than 12
inches over public property, a street right-of-way, or public sidewalk. Signs
integral to awnings, canopies, or marquees are not projecting signs.
Roof Sign. Any sign erected upon a roof or projecting above the eave line or
a parapet of a building to which it is affixed.
Sign. Any letter, word or symbol, logo, device, banner, pennant, beacon,
searchlight, poster, picture, statuary, reading matter or representation in the
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.
460 - 3
City of Edina Buildings, Construction and Signs 460.03
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.
I
460.03 General Provisions Applicable to all Zoning Districts.
Subd. 1 Construction, Maintenance and Repair. All signs shall be
constructed in such a manner and of such material that they shall be safe and
substantial, and in full compliance with all requirements of this Code. All signs
shall be maintained in a safe, presentable condition and shall be structurally
sound. Defective parts shall be promptly replaced.
Subd. 2 Illuminated Signs. Illuminated signs shall comply with the following
requirements:
A. No sign shall change in either color or in intensity of light more frequently
than once per hour, except signs giving time, date, temperature or weather
information.
B. All incandescent bulbs or fluorescent tubes, except neon or fiber optic light
sources, shall be shielded with an opaque or translucent material.
C. No sign which is visible from a residential district located within 200 feet
of the sign shall be illuminated between 10:00 P.M. and 7:00 A.M.; provided,
however such signs may be illuminated at any time when the use identified by
the sign is open for business.
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:
460 - 4
City of Edina Buildings, Construction and Signs 460.03
A. No sign shall be placed within any street right-of-way other than, i)
governmental signs which are official traffic regulatory signs or, ii) campaign
signs placed pursuant to Subd. 4 of this Subsection.
B. No freestanding sign or any portion thereof other than governmental signs
shall be placed within 20 feet of the traveled portion of any public street
provided that campaign signs placed pursuant to Subd. 4 of this Subsection
may.be placed to within 10 feet of the traveled portion of a 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. Campaign signs shall comply with the following
requirements:
A. Campaign signs may be posted from August 1 in a state general election
year until 10 days following the state general election subject to the applicable
provisions of M.S. 21113.045. Such campaign signs shall conform with the
provisions of Subd. 3 of Subsection 460.03. No such sign shall be placed upon
the right-of-way without the consent of the abutting property owner.
B. Campaign signs posted in connection with the elections held at times other
than a state general election are subject to the following:
1. Maximum Size- six square feet.
2. Maximum Number- one sign for each candidate per frontage.
3. Maximum Duration - 60 days prior to the election until seven days
following the election.
4. Location - Such campaign signs shall conform with the provisions of
Subd. 3 of Subsection 460.03. No such sign shall be placed upon the right-
of-way without the consent of the abutting property owner.
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.
I
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
o p
or additional signs that are oriented to only one frontage.
Subd. 7 Temporary Construction Signs - New Buildings. One temporary
construction site of a new building
a be installed upon a c g
construction sign may p
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,
however, such signs may be increased to not more than 32 square feet if the lot
460 - 6
City of Edina Buildings, Construction and Signs 460.03
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.
B. Not less than eight feet of clearance shall be provided between the
sidewalk elevation and the lowest point of the projecting sign.
460 - 7
City of Edina
Buildings, Construction and Signs 460.03
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
provided the total area of such signs shall not exceed
districts ro g
permitted in all p
four square feet per facing.
Subd. 17 Signs Located on Interiors of Buildings. Signs which are located on
the interior of a building and are not visible from outside of said building shall
be exempt from the provisions of this Section and shall not require permits or
payment of fees.
Subd. 18 Temporary Subdivision and Rezoning Signs. Temporary
subdivision and rezoning signs, as required by Sections 810 and 850 of this Code,
shall be exempt from the provisions of this Section and shall not require permits
or payment of fees.
Subd. 19 Temporary Garage and Estate Sale Signs. Signs promoting
occasional sales in residential areas, as permitted in Subsection 850.07, Subd. 12
of this Code, may be placed on the lot where the sale is taking place provided:
A. Such signs shall not exceed six square feet.
B. One sign is permitted per frontage.
460 - 8
City of Edina Buildings, Construction and Signs 460.04
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.
Subd. 24 Scoreboard Sponsor Panels. Sponsor panels and other forms of
advertising on scoreboards are permitted only at Braemar Park, VanValkenburg
Park and Kuhlman Field. Scoreboard sponsor panels and other advertising on
scoreboards shall be integral to the scoreboard and shall be constructed of the
same materials as the scoreboard.
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.
460 - 9
i,
City of Edina Buildings, Construction and Signs 460.05
H. Vehicles with Signs. It is the intent of this Subdivision to prohibit the use
of a vehicle for the purpose of providing signage. In addition to the
requirements imposed by Sections 850 and 1046 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:
Iype Maximum Maximum Area Maximum
Number Height
Nameplate or Address One per dwelling 2 sq. ft. 6 ft.
unit
Building Identification One per frontage 24 sq. ft. 6 ft.
(churches, schools,
golf courses,pubic
facilities only)
Area One per 24 sq.ft. 6. ft.
development
Public Park Identification One per frontage 24 sq. ft 6 ft.
SCOREBOARDS:
A. Field #1 (Courtney One 400 sq. ft. 20 ft.
Field (including
sponsor panels)
B. Van Valkenburg Park, One per field 200 sq. ft. 20 ft.
460 - 10
City of Edina Buildings, Construction and Signs 460.05
Kuhlman Field and (including
Braemar Park except sponsor panels)
Field #1 at Courtney
Fields
C. All other public parks, One per field 100 sq. ft. 20 ft.
schools and golf
courses
Public park scoreboard 25% of scoreboard
sponsor panels and other area
scoreboard advertising
Subd. 2 All Residential Districts Except R-1, R-2, PRD-1 and the Mixed
Development District.
Tie Maximum Maximum Area Maximum
Number Hecht
Building Identification One per building 12 sq.ft. 6 ft.
Area Identification One per 24 sq.ft. 6. ft.
development
Building Identification One per building 24 sq. ft. 6 ft.
(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 Area
Number for
Maximum Wall Freestanding Freestanding Maximum
District Sign Area Signs Signs Height
PCD-1 15% of wall area One per building 80 sq. ft. 8 ft.
PCD-2 15% of wall area One per building 80 sq. ft. 8 ft.
460 - 11
City of Edina Buildings, Construction and Signs 460.05
PCD-3 15% of wall area One per building 100 sq. ft. for first 20 ft.
per frontage sign,50 sq. ft. for
each additional
sign
i
PCD-4 20% of wall area One per building 80 sq. ft for first 20 ft.
per frontage sign,50 sq. ft. for
each additional
sign
A. Special Provisions
1. Area identification signs shall be included as part of the maximum
allowable number of freestanding signs.
2. Signs which are integral to the design of a gasoline pump are
permitted.
3. Signs indicating the location of restrooms are permitted.
i
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 stories or One building 50 sq. ft for first 8 ft
less identification sign signs
per building per
frontage 36 sq. ft. for each
additional sign
Buildings more than four One building 80 sq. ft for first 8 ft
stories identification sign signs
per building per
frontage 40 sq. ft. for each
additional sign
i
Area Identification One per 50 sq. ft. 8 ft.
development
A. Special Provisions. In the Regional Medical District only, one wall sign for
each accessory retail use is permitted.ed. 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.
460 - 12
City of Edina Buildings, Construction and Signs 460.05
Subd. 6 Planned Industrial District.
Type Maximum Number Maximum Area Maximum Height
Building Identification One per building 80 sq. ft 8 ft
A. Special Provisions. In multi-tenant buildings only, one wall sign is
permitted for each tenant having a private entry. The maximum sign area of
each sign is 24 square feet.
Subd. 7 Mixed Development District. It is the intention of this Subdivision to
require that all elements of a mixed development be integrated and linked by
signs that express a consistent and uniform design theme.
A. Area Identification Signs.
1. MDD-3 and MDD-4. One sign per development not to exceed 50
square feet.
2. MDD-5 and MDD-6. One sign per development for each frontage.
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.
460 - 13
City of Edina Buildings, Construction and Signs 460.06
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.
- . One building identification sin per
2. MDD-3 MDD 4, and MDD 5
g g
frontage. The first sign shall not exceed 50 square feet and each additional
sign shall not exceed 36 square feet. Maximum height- eight feet.
F. Retail and Publicly Owned Facilities Signs - MDD-6. Signs for retail
buildings and publicly owned facilities are permitted in accordance with the
PCD-3 District requirements provided in Subsection 460.05, Subd. 4, provided
the maximum area of freestanding signs shall not exceed 50 square feet.
G. Publicly Owned Facilities - MDD-3, MDD-4, and MDD-5. Signs for
publicly owned facilities in the MDD-3, MDD-4, and MDD-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 j
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.
460 - 14
City of Edina Buildings, Construction and Signs 460.06
Subd. 2 Sign Identification Decal. Upon issuance of a permit, the Planner shall
also issue a sign identification decal. The permit holder shall attach the decal to the
lower left front surface of the sign. Such decal shall indicate the number of the sign
permit.
Subd. 3 Exemptions. The following signs may be erected or displayed without
obtaining a permit therefore; provided, however, such signs must comply with all
other requirements of this Section:
A. A temporary window sign placed within a building and not exceeding 25
percent of the window area.
B. Signs having a total area of six square feet or less.
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
460 - 15
i
City of Edina Buildings, Construction and Signs 460.06
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
notice of violation was given, such re-
or similar to the sign as to which no g i,
the same as g
erection or installation shall be deemed a violation of this Section, and no notice of
such violation shall be required.
Subd. 5 Insurance. The owner of any projecting sign shall furnish, with a permit
application, proof of self-insurance or that public liability insurance has been
procured for any death or personal injury caused by such sign, in amounts not less
injury to or death of one person, or $300,000 for an one incident,
than $100,000 for p Y
J Y
and of not less than $50,000 for damage to property arising from any one incident.
The owner shall maintain such insurance in effect at all times that the sign remains
in place. The owner shall also indemnify and hold the City and the City's officials
and employees harmless from any loss, cost, damage and expenses caused by the
projecting sign.
Subd. 6 Variances and Appeals. A permit applicant or permit holder may request
a variance from the literal provisions of this Section by filing a petition for a variance
with the Planner. The petition shall be accompanied by a fee in the amount set forth
in Section 185 of this Code. A permit applicant or permit holder also may appeal any
alleged error in any order, requirement, decision, or determination made by the
Planner in the enforcement of this Section. Appeals shall be filed in the same
manner as provided in Subsection 850.04 of this Code. Variances and appeals shall
be heard by the Zoning Board of Appeals and decisions of the Board may be
appealed to the Council, as provided in said Subsection 850.04 of this Code. The
Board shall grant a variance from the provisions of this Section only upon finding
that:
A. There are exceptional or extraordinary circumstances applicable to the
property or to the intended use that do not apply generally to other property
in the same vicinity and zoning district;
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zoning district, but which is denied to the property in question;
C. That the strict application of this Section would constitute undue hardship
as defined in Section 850 of this Code, and
i
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 - 16
City of Edina Buildings, Construction and Signs 460.07
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 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-A1 6-10-71, Ord 451-A2 10-24-74, Ord
451-A3 9-11-75, Ord 451-A4 9-8-76, Ord 451-A5 12-10-86, Ord 451-A6 10-25-89, Ord 451-
47 3-28-90, Ord 1993-8 6-7-93, Ord 1994-7 7-27-94, Ord 1995-6 8-17-95; Ord 1998-4, 5-4-98
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 720.02
Section 720 - Food Establishments and
Food Vending Machines
720.01 Purpose and Objectives 720.16 Disease Prevention and Control;
720.02 Definitions Employee Practices
720.03 Scope 720.17 Equipment and Facilities
720.04 License Administration 720.18 Cleaning, Sanitization and
720.05 Inspection and Correction Storage of Equipment and Utensils
720.06 Plan Review of Future Construction 720.19 Physical Facilities and Sanitation
720.07 Misrepresentation of Food 720.20 Garbage and Refuse Disposal
720.08 Emergency First Aid for Choking 720.21 Insect,Rodent and Animal Control
720.09 Minnesota Clean Indoor Air Act 720.22 Construction and Maintenance of Physical
720.10 Industry Self-Survey and Training Facilities
Responsibility 720.23 Lighting
720.11 Itinerant Food Establishments, Mobile 720.24 Ventilation
Food Services and Pushcarts 720.25 Dressing Rooms and Locker Areas
720.12 Food and Food Handling 720.26 Poisonous or Toxic Materials
720.13 Food Protection 720.27 Premises
720.14 Temperature Maintenance 720.28 Food Vending Machines
720.15 Preparation, Display and Service 720.29 Requirements for Itinerant Food
Establishments, Mobile Food Services or
Pushcarts
720.30 State Licensing
720.01 Purpose and Objectives. The purpose of this Section is to establish standards to
protect the health, safety and the general welfare of the public pursuant to powers granted
under M.S. 145A.03 through 145A.08.
The general objectives of this Section include the following:
A. Prevent food-borne illness.
B. Correct and prevent conditions that may adversely affect persons utilizing food
establishments.
C. Provide minimum standards for the design, construction, operation and
maintenance of food establishments.
D. Meet consumer expectations of the quality and safety of food establishments.
720.02 Definitions. The following definitions shall apply in the interpretation and
enforcement of this Section:
Adulterated. Any condition of a food if it bears or contains any poisonous or
deleterious substance for which no safe tolerance has been established or in excess
of such tolerance if one has been established; if it consists in whole or in part of
720 - 1
City of Edina Health 720.02
any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human
consumption; if it has been processed, prepared, packed, or held under insanitary
conditions, where it may have been rendered injurious to health; if it is in whole or
in part the product of a diseased animal, or an animal which has died otherwise
than by slaughter; or if its container is composed in whole or in part of any
poisonous or deleterious substance which may render the contents injurious to
health.
Approved. Acceptable to the Sanitarian according to applicable standards in this
Section and good public health practices.
Catering Food Establishment. A food establishment where food is prepared and
served on the premises and is delivered for sale or service off the premises.
Catering Food Vehicle. Any food vehicle used to transport any food from its point
of preparation to a point where the food is served from the vehicle to the consumer.
Clean. Free from insects, vermin, and debris and free from physical, chemical, and
microbial substances discernible by ordinary sight or touch, by ultraviolet light, by
artificial light, and by the safranine-o dye test or by microscopic or microbiological
examination.
Closed. Fitted snugly together leaving no openings large enough to permit the
entrance of vermin.
Commissary. A catering establishment, restaurant, or any other place in which food,
containers, or supplies are kept, handled, prepared, packaged, or stored.
Corrosion-resistant Materials. Materials which maintain their original surface
characteristics under prolonged influence of the food to be contacted, the normal
use of cleaning compounds and bactericidal solution, and other conditions-of-use
environment.
Day Care, Limited Food Establishment. Any establishment in a day care or drop in
center in which the food prepared or served on the premises is limited to snacks,
personal bag lunches, milk or juice, and meals catered by another licensed food
establishment.
i
Easily Cleanable. Surfaces which are readily accessible and made of such materials
and finish and so fabricated that residue may be effectively removed by ordinary
cleaning methods.
Embargo. The withholding of food, equipment, utensils, or clothing from sale or
use in any establishment licensed as a restaurant, boarding house, or place of
refreshment until approval is given by the Sanitarian for such sale or use.
720 - 2
City of Edina Health 720.02
Employee. Any person who renders personal service,with or without compensation,
within a food establishment.
Equipment. Stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables,
counters, refrigerators, freezers, ice machines, sinks, dishwashing machines, steam
tables, fixed and mobile manufacturing, processing, packaging and conveying
equipment, and similar items other than utensils used in the operation of a food or
beverage service establishment.
Food. A raw, cooked, or processed edible substance, ice, beverage, water, or any
ingredient used or intended for use or for sale in whole or in part for human
consumption.
Food-Contact Surface. Surfaces of equipment and utensils with which food normally
comes in contact, and surfaces from which food may drain, drip, or splash back onto
surfaces normally in contact with food.
Food Establishment. Any building, room, stand, enclosure, vehicle, space, area, or
other place where food is stored, prepared, manufactured, processed, wrapped,
canned,packed, bottled, transported, distributed, or served,whether or not the food
is consumed on the premises.
Food Vehicle. Any food establishment consisting of a mobile vehicle which hauls
any food for the purpose of delivery.
Food Vending Machine. Any type of mechanical device which operates by the
insertion of a coin of more than one cent, or of a token, and which delivers or
permits the removal from such machine of any food except ice.
Food Warehouse. Any food establishment in which purchased food is stored but not
offered for retail sale and in which no other food handling activities take place.
Garbage. Any discarded material resulting from the handling, processing, storage,
preparation, serving, and consumption of food.
Hermetically Sealed Container. Any container designed and intended to be secure
against the entry of micro-organisms and to maintain the commercial sterility of its
content after processing.
Home Prepared Food. Any food which has been processed or prepared in a place
other than a licensed food establishment or a food establishment exempt from
licensing requirements of this Section by Subsection 720.03.
Itinerant Food Establishment. A food establishment operating for a temporary
period, including but not limited to a fair, carnival, circus, church supper, or public
720 - 3
City of Edina Health 720.02
exhibition.
Kitchenware. All multi-use utensils other than tableware.
Misbranding. The use of any written, printed, or graphic matter upon or
accompanying products or containers of food, including signs, or placards, displayed
in relation to such products so dispensed, which is false or misleading, or which
violates any local, State or federal labeling requirements.
Mobile Food Service. Any food service establishment that is a vehicle mounted unit,
either motorized or trailered, and readily movable without disassembling, for
transport to another location and remaining for no more than 14 consecutive days
at any one place.
NSF International. Any standard issued and recommended by the National
Sanitation Foundation International for equipment used in food establishments. The
standards are published by NSF International, 3475 Plymouth Road, P.O. Box
130140, Ann Arbor, Michigan 48113-0140. The standards listed in Subsection
720.17, Subd. 2, paragraph C and Subsection 720.18, Subd. 6, paragraphs D and
E, are incorporated by reference and made a part of this Code and are available
through the Mirutex interlibrary system.terlibra lstem. All NSF International standards
referred to in this Code are hereby adopted and incorporated into and made a part
of this Section by reference thereto.
Packaged. Bottled, canned, cartoned, or securely wrapped.
Packaged Food Sales. A food establishment in which the retail sale of prepacked
food products for off-premises preparation or consumption occurs and the primary
business of which food establishment is other than food and food product sales.
Perishable Food. Any food of the type or in the condition that may spoil.
Person in Charge. The individual present in a food service establishment who is the
apparent supervisor of the food service establishment at the time of inspection. If
no individual is the apparent supervisor, then any employee present is the person
in charge.
Potable Water. Water of a quality and from a source of supply and system operated,
located, and constructed in accordance with the State Department of Health rules
relating to public water supplies, water wells, and plumbing installations.
Potentially Hazardous Food. Any food that consists in whole or in part of milk or
milk products, eggs, meat, poultry, fish, shellfish, mollusk, edible crustacea, or other
ingredients, including synthetic ingredients, in a form capable of supporting rapid
and progressive growth of infectious or toxigenic micro-organisms. The term does
720 - 4
City of Edina Health 720.02
not include foods which have a pH level of 4.6 or below or a water activity (aW)
value of 0.85 or less.
Potentially Hazardous Food Vehicle. Any food vehicle, except a catering food
vehicle, which is used to transport potentially hazardous food as herein defined
within or into the City.
Pre-Packaged Food. Wholesome food packaged in a substantial, clean container or
wrapper in a licensed and inspected food establishment meeting all of the
requirements of this Section.
Pushcart. Any non-selfpropelled vehicle limited to serving nonpotentially hazardous
foods or commissary-wrapped food maintained at proper temperatures, or limited
to the preparation and serving of frankfurters and other precooked ready-to-eat link
sausages.
Reconstituted. Dehydrated products recombined with water or other liquids.
Retail Candy Shop. A food establishment where wrapped or unwrapped candy, or
wrapped snacks, are sold or offered for sale to the consumer.
Safe Material. Articles manufactured from or composed of materials that may not
reasonably be expected to result, directly or indirectly, in becoming a component or
otherwise affecting the characteristics of any food. If materials used are food
additives or color additives as defined in the Federal Food, Drug and Cosmetics Act,
United States Code, Title 21, Section 321, they are safe only if they are used in
conformity with regulations established pursuant to the Act, as provided by United
States Code, Title 21, Sections 348 or 376. Other materials are safe only if, as
used, they are not food additives or color additives as defined in United States Code,
Title 21, Section 321 and are used in conformity with all applicable regulations of
the United States Food and Drug Administration.
Safe Temperatures. As applied to potentially hazardous food, safe temperatures
mean temperatures of 40 degrees Fahrenheit (four degrees centigrade) or below,
and 150 degrees Fahrenheit (66 degrees centigrade) or above.
Safe Water. Water which is not adulterated and which is free from pathogens and
coliform organisms.
Safe Water Supply. A source of safe water from either the municipal water system
or a source of water, the operation, location and construction of which have been
approved by the Minnesota Department of Health.
Sanitization. The effective bactericidal treatment by a process that provides eno-
accumulative heat or concentration of chemicals for enough time to rer'-
720 - 5
i
City of Edina Health 720.04
bacterial count, including pathogens, to a safe level on utensils and equipment.
passage of
Sealed. Free of cracks or other openings that g
Sealpermit the entry or p
P
moisture.
Single-Service Articles. Cups, containers, lids, closures,plates, knives,forks, spoons,
stirrers,paddles,straws,placemats,napkins,doilies,wrapping materials,toothpicks,
and similar articles intended for one-time, one-person use and then discarded.
Smooth. Having an even surface, free of cracks, chips, open seams, rust, corrosion,
breaks, pits, checks, and ridges.
Smooth (With Reference to Equipment and Utensil Surfaces). In addition to the
other definition of"smooth" in this Section, "smooth" (with reference to equipment
and utensil surfaces) means a surface which, in the case of stainless steel, nickel
alloy or other corrosion-resistant metal, has at least a No. 4 mill finish; or, in the
case of cast and forged steel and cast nickel alloy, has a roughness not exceeding
American Standard No. 125; or, in the case of other noncorrosion-resistant alloys,
is at least as smooth as commercial grade rolled steel and is free of loose scale.
Tableware. All multi-use eating and drinking utensils including flatware.
Take-Out Food Service. A food establishment in which food is prepared on the
premises but is sold to be consumed off the premises and which does not allow the
consumption of food on or near the premises.
Utensils. Any kitchenware, tableware, dishes, glassware, cutlery, pots, pans, and
containers used in the storage, preparation, transportation, or service of food.
720.03 Scope. This Section shall be applicable to all food establishments except food
service operations conducted in and for a house of worship when the food service is
primarily limited to preparation, service or consumption by the members of the
congregation of the house of worship or food service operations licensed by the Minnesota
Department of Agriculture pursuant to M.S. 28A.
720.04 License Administration.
Subd. 1 License Required. No person shall operate a food establishment or
operate any of the following types of enterprises within the City without first
obtaining a license of the applicable type described in this Section, pursuant to this
Section:
Catering food establishment license.
Catering food vehicle license.
720 - 6
City of Edina Health 720.04
Day care, limited food establishment license.
Food establishment license.
Food vehicle license.
Food vending machine license.
Food warehouse license.
Itinerant food establishment license.
Mobile food service license.
Packaged food sales license.
Potentially hazardous food vehicle license:
Pushcart license.
Retail candy shop license.
Take-out food license.
Subd. 2 Special Requirements for Food Vehicles or Potentially Hazardous Food
Vehicles.
A. When five or more food vehicles or potentially hazardous food vehicles
are operated by the same person in the same business in the City the person
may obtain a fleet license in lieu of a separate license for each vehicle. If
such fleet license is suspended or revoked, such suspension or revocation
shall affect every vehicle licensed under the fleet license.
Subd. 3 . Application and License Fee.
A. The application for a license under this Section shall be submitted on
forms provided by the Sanitarian. The application shall be accompanied by
the fee in the amount set forth in Section 185 of this Code, provided that
licenses applied for after October 1 may be charged one-half of the full
license fee.
B. An additional fee shall be charged for each additional service or operation
which is separate, distinct or unique from the central or main food
establishment, as determined by the Sanitarian.
720 - 7
City of Edina Health 720.05
C. The fee for a food establishment license or take out food establishment
license or a catering food establishment license shall be reduced by $50.00
where the owner, the operator, or the manager in charge of daily operations,
is trained and certified by a public or private organization or entity approved
by the Sanitarian in Hazard Analysis and Critical Control Point Menu
Analysis, or similar training approved by the Sanitarian, and such
certification is current at time of issuance of the license and will be valid
during the license term.
Subd. 4 License Procedure and Control. The provisions of Section 160 of this
Code shall apply to all licenses required by this Section and to the holders of such
licenses.
Subd. 5 Term. Licenses issued pursuant to this Section shall expire on March 31
of each calendar year.
720.05 Inspection and Correction.
Subd. 1 Inspection of Food Establishments. The Sanitarian may inspect any food
establishment as frequently as the Sanitarian may deem necessary to ensure
compliance with this Section.
Subd. 2 Report of Inspection. The Sanitarian shall cause a written report of
inspection to be delivered to the holder of the license or to any of the agents or
employees at the licensed premises, either in person or by certified mail. A copy of
the report shall be filed with the City Department of Health.
Subd. 3 Correction of Violations. All owners or operators of food establishments,
having received a report giving notification of one or more violations of this Section,
shall remove or correct the violation so listed within the time limit specified in the
report.
Subd. 4 Inspection; Interference with Sanitarian. The Sanitarian shall, after
proper identification, have the right at all reasonable times to enter upon premises
licensed under this Section and to inspect any food establishment, shop, or vehicle
required to be licensed under this Section. No person shall interfere with or hinder
the Sanitarian in the performance of the Sanitarian's duties, or refuse to permit the
Sanitarian to make such inspection.
Subd. 5 Food Samples. Samples of food may be collected without cost and
examined by the Sanitarian as often as may be necessary for the enforcement of this
Section.
Subd. 6 Embargo. The Sanitarian may embargo and forbid the sale of, or cause
720 - 8
City of Edina Health 720.06
to be removed or destroyed, any food that is unwholesome or adulterated;prepared,
processed, handled, packaged, transported, or stored in an unwholesome manner;
unfit for human consumption; or otherwise prohibited by law. Equipment and
utensils, which do not meet the requirements of this Section may be embargoed.
Equipment and utensils must be released from the embargo upon notification to the
Sanitarian by the person in charge of modification of the equipment or utensils to
meet the requirements or this Section and after inspection of the utensils and
equipment by the Sanitarian.
Subd. 7 Condemnation. The Sanitarian may condemn and cause to be removed
any food, equipment, clothing, or utensils found in a food establishment, the use of
which would not comply with this Section and also may condemn and cause to be
removed any equipment, clothing or utensils which by reasons of dirt, filth,
extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces
is unfit for use.
Subd. 8 Tags. The Sanitarian may place a tag to indicate the embargo or the
condemnation upon food, equipment, utensils, or clothing. No person shall remove
the tag except under the direction of the Sanitarian.
Subd. 9 Unhealthful Food Required to be in Garbage Cans. It shall be unlawful
for any person to permit any unwholesome or adulterated food to be or remain in
any food establishment unless such food is placed in a garbage can or garbage
receptacle. The presence of unwholesome or adulterated food in any food
establishment and not in a garbage can or garbage receptacle shall be prima facie
evidence of the intended sale of it as food.
720.06 Plan Review of Future Construction.
Subd. 1 Plan Review Required. Whenever a food or beverage service establishment
is to be newly constructed, enlarged, repaired, renovated or extensively remodeled,
and whenever an existing structure is to be converted to use as a food or beverage
service establishment, properly prepared plans and specifications for the
construction, remodeling, or conversion must be submitted to the Sanitarian for
review and approval before construction, remodeling, or conversion is begun. The
plans and specifications must indicate the proposed layout, arrangement, plumbing
specifications, construction materials of work areas, and the type and model number
of proposed equipment and facilities. The plans and specification, submitted in
duplicate and drawn to scale, must be legible and complete in all details.
Subd. 2 Issuance of Permit, Construction, Inspection. The Building Official shall
not issue a building permit for a food establishment or remodeling or alteration
permit for such establishment until such plans have the approval of the Sanitarian.
All work must be performed in substantial conformance with the approved plans.
The Sanitarian shall inspect the food or beverage service establishment before the
720 - 9
City of Edina Health 720.09
i
start of operation to determine compliance with the approved plans and
specifications.
Subd. 3 Equipment. All equipment installed by any person shall comply with
Subsection 720.17. All equipment shall be subject to final on-site approval.
Preliminary equipment approval may be granted if inspected off-site. Equipment not
approved by the Sanitarian upon final inspection must be removed within 48 hours j
unless additional time is granted in writing.
Subd. 4 Conditional Approval. At the time of issuance of a building permit, the
Sanitarian may place limitations on the approval in the form of notations on the
plan or by letter or any other written communication, due to lack of information or
required changes. The applicant may proceed with such construction, remodeling,
alteration or equipment installation and replacement, provided that the applicant or
other person shall not violate the conditions contained within the written
limitations. Failure to observe the conditions of any written limitations shall be a
violation of this Section.
Subd. 5 Plan Review Fee. A food establishment that submits plans for new
construction or for addition to, remodeling, repair or renovation of its premises shall
be charged a food establishment plan review fee in the amount set forth in Section
185 of this Code.
720.07 Misrepresentation of Food. The person in charge of any food or beverage service
an way misrepresent food or beverages offered to the public.
establishment shall not in y y p g
Practices which constitute misrepresentation include:
A. The sale of adulterated food;
B. The substitution of food items of lesser quality, or food different from items as
advertised;
C. Making statements giving incorrect or deceptive points of origin;
D. Making misleading statements of size, number, weight, or price; and
E. Not meeting standards of identity prescribed by law for certain foods.
720.08 Emergency First Aid for Choking. A food service establishment which is not an
itinerant food establishment, mobile food service, or pushcart must post a chart, approved
by the Sanitarian, illustrating the use of an emergency first aid procedure to relieve a
patron with a restricted airway. The illustration must be posted in an area where all
employees may easily see it.
720.09 Minnesota Clean Indoor Air Act. The person in charge of a food or beverage
720 - 10
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City of Edina Health 720.12
service establishment shall make adequate provisions to meet the requirements of the
Minnesota Clean Indoor Air Act. (M.S. 144.411 through 144.417)
720.10 Industry Self-Survey and Training Responsibility. Every food establishment shall
arrange for and maintain a program of sanitation self-inspection conducted by the owner,
manager, sanitation supervisor, or designated agent. The Sanitarian may require a food
establishment to maintain in employment an owner, manager, sanitation supervisor or
designated agent approved by the Sanitarian who can demonstrate knowledge and
proficiency in the prevention of food-borne illness and approved food sanitation practices
and techniques. Such knowledge and proficiency may be demonstrated by maintaining
written policies or guidelines for food preparation and equipment or utensil cleansing or
such other means as approved by the Sanitarian.
720.11 Itinerant Food Establishments, Mobile Food Services and Pushcarts. Itinerant
food establishments and mobile food services and pushcarts must comply with all
provisions of this Section which are applicable to their operation. The establishments and
units must be operated in an approved manner. If necessary to protect public health, the
Sanitarian shall impose additional requirements to protect against health hazards related
to the conduct of their operation and shall prohibit the sale or giveaway of some or all
potentially hazardous foods. When no health hazard is likely to result, the Sanitarian may
modify specific requirements for physical facilities.
720.12 Food and Food Handling.
Subd. 1 Food Sources and Supplies. Food must be free from spoilage, filth, or
other contamination and must be safe for human consumption. Food must be
obtained from sources that comply with laws relating to food and food labeling and
approved by the Sanitarian. The use, storage, or serving of food in hermetically
sealed containers not prepared in a food processing plant licensed by the United
States Department of Agriculture, Food and Drug Administration, or Minnesota
Department of Agriculture, and other food not prepared in a licensed food
establishment is prohibited.
Subd. 2 Special Requirements. Fluid milk and fluid milk products used or served
must be pasteurized and must meet the Grade A quality standards in M.S. 32. Fluid
milk and fluid milk products must be served to the consumer in individual,
unopened, commercially filled original containers not exceeding one pint in capacity,
or drawn from a commercially filled container stored in a mechanically refrigerated
bulk milk dispenser. Where a bulk dispenser for milk and milk products is not
available and portions of less than one-half pint are required for mixed drinks,
cereal, or dessert service, milk and milk products may be poured from a
commercially filled container of not more than one-half gallon capacity. Nondairy
creaming or whitening agents must be provided in an individual service container
or drawn from a refrigerated dispenser designed for such service. Dry milk, dry milk
products, and nondairy product substitutes may be used in instant dessert and
720 - 11
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City of Edina Health 720.12
whipped products or for cooking, baking, manufacturing, and processing purposes
only.
Subd. 3 Variance for Certain Establishments. A variance covering dispensing of
milk or milk products to the consumer in food services such as day care centers,
boarding and lodging houses, and children's camps may be granted by the Sanitarian
to permit milk to be poured from a commercially filled container of not more than
one gallon capacity into the drinking vessel.
Subd. 4 Frozen Foods. All frozen dairy foods such as ice cream, frozen custards,
ice milk, milk sherbet, fruit or ice sherbet, yogurt, and frozen malted milk must
meet requirements in M.S. 32.
Subd. 5 Shellfish. Fresh and frozen shucked shellfish, including oysters, clams,
or mussels, must be packed in nonreturnable packages identified with the name and
address of the original shell stock processor, shucker-packer, or repacker, and the
interstate certification number issued according to United States Code, Title 42,
Section 243, and Code of Federal Regulations, Title 21, Section 1240.60. Shell
stock and shucked shellfish must be kept in the container in which they were
received until they are used. Each container of unshucked shell stock, including
oysters, clams, or mussels, must be identified by an attached tab that states the
name and address of the original shell stock processor, the kind and quality of shell
stock, and an interstate certification number issued by the state or foreign shellfish
control agency.
Subd. 6 Meat. All meat and meat products received, kept, or used in any manner
in a food establishment must be officially identified as having been inspected by the
United States Department of Agriculture in accordance with the Federal Meat
Inspection Act, United States Code, Title 21, Sections 601 to 691. Products upon
which any official identification is lost by reason of processing must be identified
by the name and location of the processor.
Subd. 7 Poultry. All poultry and poultry meat products must be clean,
wholesome, free from spoilage and adulteration and must be processed in a food
establishment meeting the requirements established in the Poultry and Poultry
Products Inspection Act, United States Code, Title 21, Sections 451 to 469. Only
clean whole eggs, with shell intact and without cracks or checks, or pasteurized
liquid, frozen, or dry eggs or pasteurized dry egg products must be used, except that
hard-boiled, peeled eggs, commercially prepared and packaged may be used. Liquid,
frozen, and dry eggs and egg products may be used only for cooking, baking,
manufacturing, and processing purposes.
Subd. 8 Lubricants. Only food grade lubricants of a safe material must be used
on equipment designed to receive lubrication of bearings and gears on or within
food-contact surfaces.
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City of Edina Health 720.14
720.13 Food Protection.
Subd. 1 General Requirements. Food must be protected from potential
contamination including:
A. Dusts, insects, rodents, and other vermin;
B. Unclean equipment, work surfaces, utensils, and facilities;
C. Unnecessary or improper handling;
D. Coughs and sneezes;
E. Flooding, drainage, and overhead leakage or drippage; and
F. Utensils or equipment which have not been given bactericidal treatment.
Adequate and approved protection of all food must be provided after delivery and
while being stored, prepared, displayed, served, or sold in food establishments or
transported between establishments.
Subd. 2 Emergency Occurrences. In the event of a fire, flood, power outage, or
other event that might result in the contamination of food, or that might prevent
potentially hazardous food from being held at required temperatures, the person in
charge shall immediately contact the Sanitarian. Upon receiving notice of this
occurrence, the Sanitarian shall take action that is necessary to protect the public
health.
720.14 Temperature Maintenance.
Subd. 1 Potentially Hazardous Foods. The internal temperature of all potentially
hazardous foods must be maintained at 40 degrees Fahrenheit (four degrees
centigrade) or below, or 150 degrees Fahrenheit (66 degrees centigrade) or above,
except during preparation. Potentially hazardous foods requiring refrigeration after
preparation must be rapidly cooled to an internal temperature of 40 degrees
Fahrenheit (four degrees centigrade) or below within four hours after removal from
the heating or hot holding device. Frozen food must be kept frozen and should be
stored at an internal temperature of zero degrees Fahrenheit (minus 18 degrees
centigrade) or below.
Subd. 2 Storage Facilities. Adequate,properly designed,and conveniently located
mechanical refrigeration or hot food storage facilities must be provided to ensure
the maintenance of potentially hazardous food at required temperatures. Each
storage facility must be provided with a numerically scaled thermometer accurate
to plus or minus three degrees Fahrenheit (plus or minus two degrees centigrade)
720 - 13
City of Edina Health 720.14
located to measure the air temperature in the warmest part of the refrigeration
facility or the coldest part of the hot holding facility. Thermometer must be
securely fastened and located to be easily readable. Where it is impractical to install
a fixed thermometer on equipment such as cold table tops, steam tables, processing
lines, kettles, heat lamps, or portable transport carriers, a product thermometer of
metal stem type construction, numerically scaled, and accurate to plus or minus two
degrees Fahrenheit (plus or minus one degree centigrade) must be provided and
used to check internal food temperatures.
Subd. 3 Poultry. Poultry, poultry stuffings, stuffed meats, and stuffings
containing meat must be cooked to heat all parts of the food to at least 165 degrees
Fahrenheit (74 degrees centigrade) with no interruption of the cooking process.
Subd. 4 Pork. Pork and any food containing pork must be cooked to heat all
parts of the food to at least 150 degrees Fahrenheit (66 degrees centigrade), or, if
cooked in a microwave oven, to at least 170 degrees Fahrenheit (77 degrees
centigrade).
Subd. 5 Beef Roasts. Beef roasts must be cooked according to the following
requirements:
A. When beef roasts under ten pounds (five kilograms) in weight are cooked
in a still dry heat oven, the oven must be preheated to and held at an air
temperature of at least 350 degrees Fahrenheit (177 degrees centigrade)
throughout the process. If cooked in a convection oven, the oven must be
preheated to and held at an air temperature of at least 325 degrees
Fahrenheit (163 degrees centigrade) throughout the process.
B. When beef roasts of ten pounds (five kilograms) or over in weight are
cooked in a still dry heat oven, the oven must be preheated to and held at
an air temperature of at least 250 degrees Fahrenheit (122 degrees
centigrade) throughout the process.
C. In order to meet public health requirements for the processes in items A
and B, the following table lists the minimum internal temperature of the beef
roast for the minimum time the roast needs to be held at such temperature:
MINIMUM HOLDING TIMES FOR BEEF ROASTS
AT VARIOUS INTERNAL TEMPERATURES
Minimum Minimum
internal holding
temperature time
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City of Edina Health 720.14
Degrees Degrees
Fahrenheit Centigrade Minutes
130 54.4 121
131 55.0 97
132 55.6 77
133 56.1 62
134 56.7 47
135 57.2 37
136 57.8 32
137 58.4 24
138 58.9 19
139 59.5 15
140 60.0 12
141 60.6 10
142 61.1 8
143 61.7 6
144 62.2 5
D. If cooked in a microwave oven, beef roasts must be cooked to an internal
temperature of at least 145 degrees Fahrenheit (63 degrees centigrade).
Subd. 6 Reheating. Potentially hazardous foods that have been cooked and then
refrigerated, if reheated, must be heated rapidly throughout to 165 degrees
Fahrenheit (74 degrees centigrade) or higher before being served or before being
placed in a hot food storage facility. Steam tables, bainmaries,warmers, and similar
hot food holding facilities are prohibited for the rapid reheating of potentially
hazardous foods.
Subd. 7 Thawing Potentially Hazardous Foods. Potentially hazardous foods must
be thawed in one of the following ways:
A. In refrigerated units at a temperature not to exceed 40 degrees
Fahrenheit (four degrees centigrade);
B. Under potable running water of a temperature of 70 degrees Fahrenheit
(21 degrees centigrade) or below, with sufficient water velocity to agitate
and float off loose food particles directly to the drain;
C. In a microwave oven only when the food will be immediately transferred
to conventional cooking facilities as part of a continuous cooking process or
when the entire, uninterrupted cooking process takes place in the microwave
oven; or
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City of Edina Health 720.15
D. As part of the conventional cooking process.
720.15 Preparation, Display, and Service.
Subd. 1 Minimum Manual Contact. Food must be prepared or processed with the
least possible manual contact and in a manner that prevents cross-contamination of
products. Only suitable utensils or equipment which have been cleaned, rinsed, and
sanitized before use to prevent cross-contamination, must be used in food
preparation.
Subd. 2 Raw Fruits and vegetables.Raw fruits and vegetables must be thoroughly
washed with potable water before being cooked or served. Separate sinks or vats
shall be provided for this purpose.
Subd. 3 Re-Service. Once food has been served to a consumer, it must not be
served again, except that packaged food, other than potentially hazardous food, that
is still packaged and is in sound condition may be re-served.
Subd. 4 Shellfish. Mollusks and crustacea, if served on the shell, must be served
in the original shell. Reuse of shells for food service is prohibited.
Subd. 5 Condiment Dispensing. Condiments, seasonings, and dressings for self-
service use must be provided in individual packages, from dispensers, or from
approved containers. Condiments provided for table or counter service must be
individually portioned, except that catsup and other sauces may be served in the
original container or pour-type dispenser. Sugar for consumer use must be provided
in individual packages or in pour-type dispensers.
Subd. 6 Dispensing Utensils. To avoid unnecessary manual contact with food,
suitable dispensing utensils or equipment must be used by employees or provided
to consumers who serve themselves. Between uses during service, dispensing
utensils must be:
A. Stored in the food with the dispensing utensil handle extended out of the
food; or
B. Stored clean and dry; or
C. Stored in running water; or
D. Stored either in a running water dipper well, or stored clean and dry in
the case of dispensing utensils and malt collars used in preparing frozen
desserts.
Subd. 7 Display Equipment. Food on display must be protected from consumer
720 - 16
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City of Edina Health 720.15
contamination by the use of packaging or by the use of easily cleanable counter,
serving line or salad bar food shields, display cases, or by other effective means.
Adequate and sufficient hot or cold food equipment must be available to maintain
the required temperature of potentially hazardous food on display.
Subd. 8 Reuse of Tableware. Reuse of soiled tableware and single-service articles
by self-service consumers returning to the service area for additional food must be
prohibited. Beverage cups and glasses are exempt from this requirement.
Subd. 9 Food Transportation. The requirements of temperature,storage, display,
and those imposed for the protection of food against contamination, as contained
in this Section, must also apply in the transporting of food from one food
establishment or other location to another food establishment or other location for
delivery, service, or catering operations.
Subd. 10 Storage. Food, whether raw or prepared, if removed from the container
or package in which it was obtained, must be stored in a clean, covered container.
The container need not be covered during necessary periods of preparation or
service. Container covers must be impervious and nonabsorbent, except that clean
linens or napkins may be used for lining or covering bread or roll serving
containers. Solid cuts of meat must be protected by being covered in storage,
except that sides, quarters, or primal cuts of meat may be hung uncovered on clean
hooks if no food product is stored beneath the meat.
Subd. 11 Containers. Containers of food must be stored a minimum of six inches
above the floor in a manner that protects the food from splash and other
contamination, and that permits easy cleaning of the storage area. Containers may
be stored on dollies, racks, or pallets, provided the equipment is easily movable and
constructed to allow for easy cleaning. Food and containers of food must not be
stored under exposed or unprotected sewer lines or similar sources of potential
contamination. The storage of food in toilet rooms or vestibules is prohibited.
Subd. 12 Cross-Contamination. Food not subject to further washing or cooking
before serving must be processed and stored in a way that protects it against cross-
contamination from food requiring washing or cooking. Raw fruit and vegetables
shall not be washed in sinks used for equipment washing.
Subd. 13 Packaged Food. Packaged food must not be stored in contact with water
or undrained ice. Wrapped sandwiches must not be stored in direct contact with
ice. Ice intended for human consumption must not be used for cooling stored food,
food containers, or food utensils.
Subd. 14 Bulk. Bulk foods such as cooking oil,legumes, tubers, grains, syrup, salt,
sugar, or flour and related derivative products not stored in the product container
or package in which it was obtained, must be stored in a container identifying the
720 - 17
I
City of Edina Health 720.16
food by common name.
Subd. 15 Ice Dispensing. All ice must be manufactured only from potable water.
Ice must be handled and transported in single-service containers, or in utensils
which have been subjected to bactericidal treatment. Buckets, scoops, and ice
containers, unless they are single-service utensils, must be made of a smooth,
impervious material and designed to facilitate cleaning. They must be clean at all
times. Canvas containers must not be used. If ice-crushers are used, they must be
easily cleanable, must be maintained in a clean condition, must be subject to j
bactericidal treatment and must be covered when not in use. Ice for consumer use
must be dispensed with scoops or tongs from a properly protected storage device,
or other ice self-dispensing utensils, through automatic single-service ice dispensing
equipment, or be prepacked and portion controlled. Ice dispensing utensils must be
stored on a clean surface or in the ice with the handle of the dispensing utensil
extended out of the ice. Between uses, ice transfer receptacles must be stored in a
way that protects them from contamination.
i
720.16 Disease Prevention and Control; Employee Practices.
Subd. 1 Prohibited Persons. No person shall work in a food establishment in any
capacity in which there is a likelihood of the person contaminating food or food-
contact surfaces with pathogenic organisms or transmitting disease to other persons
while:
A. Infected with a disease in a communicable form that can be transmitted
by foods;
B. While being a carrier of organisms that cause such a disease; or
C. While afflicted with a boil, an infected wound, or an acute respiratory
infection.
Subd. 2 Procedure when Infection is Suspected. When the Sanitarian has
reasonable cause to suspect the possibility of disease transmission from a food-
service establishment employee, the Sanitarian shall secure an illness or morbidity
history of the suspected employee or make such other investigation as may be
indicated and take appropriate action. The Sanitarian may require any or all of the
following measures:
A. The immediate exclusion of the employee from all food service
establishments;
B. The immediate closure of the food service establishment concerned until,
in the opinion of the Sanitarian, no further danger of disease outbreak exists;
720 - 18
City of Edina Health 720.16
C. Restriction of the suspected employee's services to an area of the
establishment where there would be no danger of transmitting disease; and
D. Adequate medical and laboratory examinations of the suspected
employee, or other employees, and any bodily discharges.
Subd. 3 Clothing. Employees shall wear clean outer garments used only for duty
in the food establishment. Hairnets, headbands, caps, or other hair restraints must
be worn to prevent the contamination of food, utensils, and equipment. Hair spray
is not an acceptable hair restraint.
Subd. 4 Employee Practices. Employees shall comply with the following
requirements:
A. All employees shall thoroughly wash their hands and the exposed
portions of their arms with soap and warm water in an approved
handwashing facility before starting work, during work as often as is
necessary to keep them clean, and after smoking, eating, drinking or using
the toilet. Employees shall keep their fingernails clean and trimmed, shall
maintain a high degree of personal cleanliness, and conform to hygienic
practices during all periods of duty.
B. Employees must not use tobacco in any form while on duty to handle,
prepare, or serve food, or clean utensils and equipment in a food
establishment. Employees may use tobacco only in designated locations
approved by the Sanitarian.
C. All employees may consume food only in designated dining areas. An
employee dining area must not be designated if consuming food in that
location could cause contamination of other food, equipment, utensils, or
other items needing protection.
D. Employees shall handle soiled equipment or utensils in a manner that
minimizes contamination of their hands.
E. No person shall perform any act or engage in any practice which may
contaminate food, equipment or utensils. Clean spoons, knives and forks
shall be picked up or touched only by their handles. Clean cups, glasses, and
bowls, shall be handled without fingers or thumbs contacting the inside
surfaces or surfaces which come into contact with the mouth. A spoon or
other utensil, once used for tasting of foods, shall be cleaned and subjected
to bactericidal treatment prior to re-use for any purpose. No person shall
remove soiled dishes by placing fingers in glasses or cups, or by picking up
utensils by soiled surfaces instead of handles. No person shall scratch the
head, pinch face pimples, pick the nose, mouth the fingers or pencil, sneeze
720 - 19
City of Edina Health 720.17
or cough without washing the hands immediately afterwards and before
continuing or returning to work.
720.17 Equipment and Facilities.
Subd. 1 General. A food establishment must have equipment, applicable to the
operation conducted, which is designed, constructed, installed, located, and
maintained according to this Subsection.
Subd. 2 Sanitary Design, Construction, and Installation of Equipment and
Utensils.
A. All new and replacement equipment and utensils must be of such
material, workmanship, and design as to be smooth, easily cleanable,
resistant to wear, denting, buckling, pitting, chipping, and crazing; and
capable of withstanding scrubbing, scouring, repeated corrosive action of
cleaning compounds, and other normal conditions and operations.
B. Food contact surfaces must be nontoxic. Food contact surfaces and
surfaces which come in contact with food debris must be readily accessible
for cleaning and inspection.
C. All equipment installed or placed in service must comply with the
following NSF International standards when applicable:
1. Standard No. 1, Soda Fountain and Luncheonette Equipment, June
1984.
2. Standard No. 2, Food Service Equipment, November, 1987.
3. Standard No. 3, Spray Type Dishwashing Machines, June 1982.
4. Standard No. 4, Commercial Cooking and Hot Food Storage
Equipment, June 1986.
5. Standard No. 5, Commercial Hot Water Generating Equipment,
November 1983.
6. Standard No. 6, Dispensing Freezers, November 1982.
7. ANSI/NSF 7-1990 Standard No. 7, Food Service Refrigerators and
Storage Freezers, October 1990.
8. Standard No. 8, Commercial Powered Food Preparation Equipment,
November 1985.
720 - 20
City of Edina Health 720.17
9. Standard No. 12, Automatic Ice Making Equipment, November 1984.
10. Standard No.13, Refuse Compactors and Compactor Systems, May
1985.
11. Standard No. 18, Manual Food and Beverage Dispensing Equipment,
November 1987.
12. Standard No. 20, Commercial Bulk Milk Dispensing Equipment and
Appurtenances, November 1985.
13. Standard No. 25, Vending Machines for Food and Beverage,
November 1987.
14. Standard No. 26, Pot, Pan and Utensil Washers, December 1980.
15. Standard No. 29, Detergent and Chemical Feeders for Commercial
Spray Type Dishwashing Machines, June 1982.
16. Standard No. 35, Laminated Plastics for Surfacing Food Service
Equipment, May 1985.
17. Standard No. 51, Plastic Materials and Components Used in Food
Equipment, May 1978.
18. Standard No. 59, Food Carts, June 1986.
19. Criteria C-2, Special Equipment and/or Devices, November 1983.
D. Used equipment which has met or exceeded the requirements of the NSF
International under earlier standards may be installed when the equipment
is in good repair and does not constitute a health hazard as determined by
the Sanitarian. Equipment in use at the time of adoption of this Code which
does not fully meet paragraph C. of this Subd. 2 may be continued in use
only if it is in good repair, capable of being maintained in a sanitary
condition, has food-contact surfaces that are nontoxic, and is approved by the
Sanitarian.
E. All equipment must be kept in good repair and installed and maintained
to facilitate its cleaning and the cleaning of adjacent areas.
F. Equipment which cannot be moved by reason of its weight or for the
reason that it is attached to utilities, floors, walls or ceilings, (herein referred
to as "fixed equipment") shall be installed on raised solid platforms of
concrete or other smooth masonry and sealed in such manner as to prevent
720 - 21
City of Edina Health 720.17
liquids or debris from seeping or settling underneath, or shall be elevated on
legs or feet at least six inches above the floor. Fixed equipment intended for
placing on tables or counters but which is not sealed to them, shall be
mounted on legs or feet at least four inches high. Fixed equipment shall be
installed flush to the wall with the space closed and sealed in such a manner
as to prevent liquids or debris from seeping or settling behind or between,
or installed with an unobstructed space of at least 30 inches from the wall
to the back of such equipment. The space between adjoining units of fixed
equipment, and the space between the side of such a unit and the adjacent
wall shall be sealed in such a manner as to prevent liquids or debris from
settling, or seeping between or behind, or an unobstructed space of at least
30 inches shall be provided in such instances between, behind, and beside all
such pieces of fixed equipment and between such fixed equipment and any
adjacent walls. Aisles or working spaces between equipment and between
equipment and walls shall be at least 30 inches wide.
G. All equipment must be located and installed in such a manner as to
ensure that preparation and service will minimize the potential for cross-
contamination and improper handling of the food. Lavatories, chef sinks,
utility sinks, refrigeration equipment, hot food handling equipment, and
preparation and processing tables must be provided and maintained and shall
be convenient and adequate as approved by the Sanitarian for the purpose
for which they were designed.
H. Aisles and working spaces between units of equipment and walls must be
unobstructed and of sufficient width to permit employees to perform their
duties readily without contamination of food or food-contact surfaces by
clothing or personal contact. All easily movable storage equipment such as
pallets, racks, and dollies must be positioned to provide accessibility to
working areas.
I. When the food service in a day care center is limited to serving ten or
fewer individuals, or where the main meals of the day are not prepared in
the center, the Sanitarian may waive specific equipment requirements of this
Subsection to permit the substitution of certain domestic type equipment for
commercial type equipment which complies with the standards of NSF
International prescribed in paragraph C. of this Subd. 2.
J. When the food service in a boarding and lodging house is limited to
serving ten or fewer residents, or where the main meals of the day are not
prepared in the facility, the Sanitarian may waive specific equipment
requirements of these rules as stated in paragraph I. of this Subd. 2.
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City of Edina Health 720.18
720.18 Cleaning, Sanitization, and Storage of Equipment and Utensils.
Subd. 1 General. All utensils and equipment must be thoroughly cleaned, and
food-contact surfaces of utensils and equipment must be given sanitization treatment
and must be stored in such a manner as to be protected from contamination.
Subd. 2 Cleaning Frequency. The equipment and utensils must meet the following
cleaning requirements:
A. Tableware must be washed, rinsed, and sanitized after each use.
B. To prevent cross-contamination, kitchenware and food-contact surfaces
of equipment must be washed, rinsed, and sanitized after each use and
following any interruption of operations during which time contamination
may have occurred.
C. Where equipment and utensils are used for the preparation of foods on
a continuous or production-line basis, utensil and food-contact surfaces of
equipment must be washed, rinsed, and sanitized at intervals throughout the
day and on a schedule based on food temperature, type of food, and amount
of food particle accumulation.
D. The food-contact surfaces of kettles, grills, griddles, and similar cooking
devices and the cavities and door seals of microwave ovens must be cleaned
at least once a day, except that this shall not apply to hot oil cooking
equipment and hot oil filtering systems. The food-contact surfaces of all
cooking equipment must be kept free of encrusted grease deposits and other
accumulated soil.
E. Nonfood-contact surfaces of equipment must be cleaned as often as is
necessary to keep the equipment free of accumulation of dust, dirt, food
particles, and other debris.
Subd. 3 Oven Utensils and Equipment. Utensils and equipment which routinely
go into ovens for baking purposes and which are used for no other purpose are not
required to be given bactericidal treatment, however, such utensils and equipment
must be clean.
Subd. 4 Wiping Cloths. Cloths used for wiping food spills on tableware, such as
plates or bowls being served to the consumer, must be clean, dry and used for no
other purposes. Moist cloths used for wiping food spills on kitchenware and food-
contact surfaces of equipment must be clean and rinsed frequently in an approved
sanitizing solution. These cloths must be stored in sanitizing solution between uses.
Moist cloths used for cleaning nonfood-contact surfaces of equipment such as
counters, dining table tops, and shelves must be clean, rinsed, and used for no other
720 - 23
City of Edina Health 720.18
purpose. These cloths must be stored in an approved sanitizing solution between
uses.
Subd. 5 Manual Cleaning and Sanitizing. Manual cleaning and sanitizing must
be done in the following manner:
A. For manual washing, rinsing, and sanitizing of utensils and equipment,
a sink with not fewer than three compartments must be provided and used.
Sink compartments must be large enough to permit the accommodation of
the equipment and utensils, and each compartment of the sink must be
supplied with hot and cold potable running water. Fixed equipment and
utensils and equipment too large to be cleaned in sink compartments must
be washed manually or cleaned through pressure spray methods. A three
compartment sink shall not be used for vegetable or fruit preparation or for
handwashing.
B. Integral drain boards of adequate size must be provided at each end for
proper handling of soiled utensils before washing and for cleaned utensils
following sanitizing and must be located so as not to interfere with the
proper use of the utensil washing facilities.
C. Equipment and utensils must be preflushed or prescraped and, when
necessary, presoaked to removed gross food particles and soil.
D. Except for fixed equipment and utensils too large to be cleaned in sink
compartments, manual washing, rinsing and sanitizing must be conducted in
the following manner:
1. Sinks must be cleaned before use.
2. Equipment and utensils must be thoroughly washed in the first
compartment with a hot detergent solution that is kept clean.
3. Equipment and utensils must be rinsed free of detergent and
abrasives with clean water in the second compartment.
4. Equipment and utensils must be sanitized in the third compartment
in an approved manner.
E. The food-contact surfaces of all equipment and utensils must be sanitized
by one of the following:
1. Immersion for at least one-half minute in clean, hot water at a
temperature of at least 170 degrees Fahrenheit (77 degrees centigrade).
720 - 24
City of Edina Health 720.18
2. Immersion for at least one minute in a clean solution containing at
least 50 parts per million, but no more than 200 parts per million, of
available chlorine as a hypochlorite and at a temperature of at least 75
degrees Fahrenheit (24 degrees centigrade).
3. Immersion for at least one minute in a clean solution containing at
least 12.5 parts per million, but not more than 25 parts per million, of
available iodine and having a pH range which the manufacturer has
demonstrated to be effective and at a temperature of at least 75 degrees
Fahrenheit (24 degrees centigrade).
4. Immersion in a clean solution containing any other chemical
sanitizing agent allowed under Code of Federal Regulations, Title 21,
Section 178.1010, that will provide at least the equivalent bactericidal
effect of a solution containing 50 parts per million of available chlorine
as a hypochlorite at a temperature of at least 75 degrees Fahrenheit (24
degrees centigrade) for one minute.
5. For equipment too large to sanitize by immersion, but in which steam
can be confined, treatment with steam free from materials or additives
other than those specified in Code of Federal Regulations, Title 21,
Section 173.310.
F. Equipment too large to sanitize by immersion, must be rinsed, sprayed,
or swabbed with a sanitizing solution of at least twice the required strength
for that particular sanitizing solution.
G. When hot water is used for sanitizing, the following facilities must be
provided and used:
1. An integral heating device or fixture installed in, on, or under the
sanitizing compartment of the sink capable of maintaining the water at
a temperature of at least 170 degrees Fahrenheit (77 degrees
centigrade).
2. A numerically scaled indicating thermometer, accurate to plus or
minus three degrees Fahrenheit (plus or minus two degrees centigrade)
convenient to the sink for frequent checks of water temperature.
3. Dish baskets of such size and design to permit complete immersion
of the tableware, kitchenware, and equipment in the hot water.
H. When chemicals are used for sanitization, they must not have
concentrations higher than the maximum permitted under Code of Federal
Regulations, Title 21, Section 178.1010. A test kit or other device that
720 - 25
i
i
City of Edina Health 720.18
I
accurately measures the parts per million concentration of the solution must
be provided and used.
Subd. 6 Mechanical Cleaning and Sanitizing. Mechanical cleaning and sanitizing
must be done in the following manner:
A. Cleaning and sanitizing may be done by spray-type or immersion utensil
washing machines or by any other type of machine or device if it is
demonstrated that it thoroughly cleans, sanitizes equipment and utensils, and
meets the requirements in the NSF International Standard No. 3. These
machines and devices must be properly installed, and maintained in good
repair. Machines and devices must be operated in accordance with
manufacturers' instructions, and utensils and equipment placed in the
machine must be exposed to all washing cycles. Automatic detergent
dispensers, wetting agent dispensers, and liquid sanitizer injectors must be
properly installed and maintained.
B. Drainboards must be provided and be of adequate size for the proper
handling of soiled utensils before washing and for cleaned utensils following
sanitization, and must be so located and constructed as not to interfere with
the proper use of the dishwashing facilities. This does not preclude the use
of easily movable dish tables for the storage of soiled utensils or the use of
easily movable dish tables for the storage of clean utensils following
sanitization.
C. Equipment and utensils must be flushed or scraped and, when necessary,
soaked to remove gross food particles and soil before being washed in a
dishwashing machine unless a prewash cycle is a part of the dishwashing
machine operation. Equipment and utensils must be placed in racks, trays,
or baskets, or on conveyors, in a way that food-contact surfaces are exposed
to the unobstructed application of detergent wash and clean rinse water and
that permits free draining.
D. Machines (single-tank, stationary-rack, door-type machines, and spray-
type glass washers) using chemicals for sanitization may be used, provided
that:
1. Wash water temperatures, addition of chemicals, rinse water
temperatures, and chemical sanitizers used are in conformance with NSF
International Standards Nos. 3 and 29.
2. A test kit or other device that accurately measures the parts per
million concentration of the sanitizing solution must be available and
used.
720 - 26
City of Edina Health 720.18
3. Containers for storing the sanitizing agent must be installed in such
a manner as to ensure that operators maintain an adequate supply of
sanitizing compound.
4. A visual or audible warning device must be provided for the operator
to easily verify when the sanitizing agent is depleted.
E. Machines using hot water for sanitizing may be used provided that wash
water and pumped rinse water must be kept clean and water must be
maintained at not less than the temperature specified by the NSF
International Standard No. 3, under which the machine is evaluated.
Thermometers must be easily readable and accurate within ± 3 degrees
Fahrenheit. A pressure gauge must be installed with a shutoff valve
immediately adjacent to the supply side of the control valve in the final rinse
line, provided that this requirement must not pertain to a dishwashing
machine with a pumped final rinse. A recirculation system must be installed
if the final rinse heater is located more than five feet from the dishwasher.
F. All utensil washing machines must be cleaned at least once per day or
more frequently if required.
Subd. 7 Equipment and Utensil Storage. Cleaned and sanitized equipment and
utensils must be handled in a way that protects them from contamination.
A. Spoons, knives, and forks must be touched only by their handles. Cups,
glasses, bowls, plates, and similar items must be handled without contact
with inside surfaces or surfaces that contact the user's mouth.
B. Utensils must be air dried before being stored or must be stored in a self-
draining position.
C. Cleaned and sanitized utensils and equipment must be stored at least 12
inches above the floor in a clean, dry location in a way that protects them
from contamination by splash, dust, and other means. The food-contact
surfaces of fixed equipment must also be protected from contamination.
Equipment and utensils must not be placed under exposed sewer lines.
D. Glasses and cups must be stored inverted. Other stored utensils must be
covered or inverted, whenever practical. Facilities for the storage of knives,
forks, and spoons must be designed and used to present the handle to the
employee or consumer.
Subd. 8 Single-Service Articles. Single-service articles must have been
manufactured, packaged, transported, stored, handled, and dispensed in a sanitary
manner.
720 - 27
I
City of Edina Health 720.19
Subd. 9 Prohibited Storage Area. The storage of food equipment, utensils, or
single-service articles in toilet rooms or vestibules is prohibited.
720.19 Physical Facilities and Sanitation.
Subd. 1 Water Supply. Every food and beverage establishment must be provided
with a supply of safe water which is adequate for the needs of the establishment.
The water must be obtained from a public water supply system, or a source of
supply and system which is located, constructed and operated in accordance with
Minnesota Department of Health rules governing public water supplies.
Subd. 2 Sewage. All sewage, including liquid waste, must be disposed of to a
public sewage system. Itinerant, mobile and special event food facilities may
dispose of their liquid waste into receptacles for that purpose. This waste ultimately
must be discharged into the public sewage system or otherwise disposed of in a
manner which will not endanger any source of water supply, pollute any body of
surface water, create a nuisance, or otherwise endanger the public health and safety.
Subd. 3 Containers for Transporting Drinking Water. All containers, including
but not limited to tank trucks, cans and bottles, which are used in transporting
water from the source to the point of use, shall be of such material and construction
as to facilitate cleaning. All openings into, and all water contact surfaces of such
containers shall be protected from contamination. All such containers shall be clean
and shall be subjected to bactericidal treatment immediately prior to each use.
Subd. 4 Equipment for Bottling Water. Hoses used for filling tanks, cans, bottles,
and other water containers shall be kept clean and shall be handled in such a
manner as to prevent contamination of the water, the nozzle, or any part of the
hose which may come into contact with the inside of the container. Hoses shall be
cleaned and subjected to bactericidal treatment immediately prior to each use.
Subd. 5 Plumbing. Plumbing must be sized, installed, and maintained to carry
adequate quantities of water to required locations throughout the establishment, to
prevent contamination of the water supply, and to convey sewage and liquid wastes
adequately from the establishment to the sewage system so that it does not
constitute a source of contamination of food, utensils, or equipment or create an
unsanitary condition or nuisance.
A. Water heaters must be sized to meet hot water needs during peak usage.
B. Food service equipment such as refrigerators, ice makers, ice storage bins,
and steam tables must not be directly connected to the sewer. Floor drains
are not permitted in walk-in coolers.
C. All new plumbing and all plumbing reconstructed or replaced must be
720 - 28
City of Edina Health 720.20
designed, constructed, and installed in conformity with the Minnesota
Plumbing Code, as adopted by Section 410 of this Code.
Subd. 6 Janitorial Facilities. Janitorial facilities including a janitorial utility sink
or curbed cleaning facility must be provided. The facilities must not be located in
food preparation, storage, or toilet rooms unless adequate separation or other
protection has been provided. The janitorial facility may be located In a packaged
goods storeroom or employee toilet room. The use of lavatories, utensil washing
or equipment washing, or food preparation sinks for janitorial purposes is
prohibited. Janitorial equipment must be stored in an approved manner in the
janitorial facility.
Subd. 7 Handwashing Facilities. Every food establishment, other than itinerant
food establishments, mobile food services and pushcarts handling only pre-packaged
food must be provided with adequate, conveniently located, and approved
handwashing facilities which are continually maintained with hot and cold running
water,handcleansing soap or detergent,fingernail brushes, and single-service towels
or hand-drying devices providing heated air. Handwashing facilities must be
accessible to persons at all times in all areas where food is prepared or served,
where utensils and equipment are cleansed or sanitized, in or immediately adjacent
to toilet rooms or other areas designated by the Sanitarian. Sinks used for food
preparation or for washing equipment or utensils must not be used for
handwashing. Each handwashing sink must be provided with hot and cold water
tempered by means of a mixing valve or combination faucet. Any self-closing, slow-
closing, or metering faucet must be designed to provide a flow of water for at least
15 seconds without the need to reactivate the faucet. Steam-mixing valves are
prohibited.
Subd. 8 Toilet Facilities. Every food establishment, with the exception of
itinerant food establishments, mobile food services and pushcarts, must be provided
with conveniently located and approved toilet facilities for employees. These
facilities must be kept clean and in good repair and free from flies, insects, and
offensive odors. Toilet fixtures and seats must be of sanitary design and readily
cleanable. Each toilet shall be supplied with toilet tissue at all times. The doors of
all toilet rooms must be self-closing. Easily cleanable receptacles must be provided
for waste materials. Toilet rooms used by women must have at least one covered
waste receptacle. Where the use of nonwater-carried sewage disposal facilities have
been approved by the Sanitarian, the facilities must be separate from the
establishment and in accordance with the standards of the Sanitarian.
720.20 Garbage and Refuse Disposal. Before disposal, all garbage and refuse must be
kept in tight, nonabsorbent,insect proof, rodent proof, and fireproof containers. Containers
must be kept covered with tight-fitting lids when filled, in storage, or not in continuous
use. Containers need not be covered when stored in a special insect and rodent proof room
or enclosure. All other refuse must be stored in containers, rooms, or areas in an approved
720 - 29
i
City of Edina Health 720.22
manner. The rooms, enclosures, areas, and containers used must be adequate for the
storage of all garbage and refuse accumulating on the premises between collections.
Adequate cleaning facilities must be provided, and each container, room, or area shall be
thoroughly cleaned after the emptying or removal of garbage and refuse. Containers shall
not be washed in sinks used for food or equipment washing. Containers designed with
drains must have drain plugs maintained in place at all times except during cleaning. All
garbage and refuse must be disposed of with sufficient frequency and in such a manner as
to prevent a nuisance.
720.21 Insect, Rodent, and Animal Control.
Subd. 1 General. Effective measures must be taken to prevent the entrance,
breeding, or presence of rodents, flies, cockroaches, and other vermin or insects on
the premises. The premises must be kept in such condition as to prevent the
harborage or feeding of insects or rodents.
Subd. 2 Openings. Outside openings must be effectively protected against the
entrance of rodents. Outside openings must be protected against the entrance of
insects by tight-fitting, self-closing doors, closed windows, screening, controlled air
currents, or other means. Screen doors must be self-closing, and screens for
windows, doors, skylights, transoms, intake and exhaust air ducts, and other
openings to the outside must be tight-fitting and free of breaks. Screening materials
must not be less than 16 mesh to the inch.
Subd. 3 Animals. Live animals, including birds and turtles, shall be excluded from
within the food service operational premises and from adjacent areas under the
control of the person in charge. This exclusion does not apply to edible fish,
crustacea, mollusks, or to fish in aquariums. Patrol dogs accompanying security or
police officers, or guide dogs accompanying sight-impaired, physically disabled
persons, or hearing-impaired persons shall be permitted in the dining area.
720.22 Construction and Maintenance of Physical Facilities.
Subd. 1 Floors. The floor surfaces of all food and beverage preparation, food
storage, equipment and utensil washing, food service areas, waitress stations,
dressing rooms, locker rooms, toilet rooms and vestibules,janitorial areas, kitchens,
and bars must be constructed of smooth, durable, nonabsorbent, easily cleanable
materials which resist the wear and abuse to which they are subjected. Appropriate
materials include ceramic tile, quarry tile, terrazzo, or equivalent. Vinyl flooring or
equivalent may be used in areas such as dry storage rooms.
The junctures between walls and floors must be coved. Rugs and carpets may be
used in dining rooms and hallways, provided that the floor coverings are kept clean.
Abrasive strips also may be used wherever deemed necessary to prevent accidents.
720 - 30
City of Edina Health 720.23
Mats and duckboards must be of nonabsorbent,nonwood,grease resistant materials.
The size, design, and construction of the materials must facilitate easy cleaning.
Duckboards must not be used as storage racks.
All floors must be kept clean and in good repair, and the use of sawdust and similar
material is not permitted. Floor drains must be provided in all rooms where floors
are subject to flooding type cleaning or where normal operations release or
discharge water or other liquid wastes on the floor. Such floors must be graded to
drain.
Subd. 2 Walls and Ceilings. The walls and ceilings of all rooms must be kept
clean and in good repair. All walls of rooms or areas in which food is prepared,
areas where utensils or hands are washed, toilet rooms, janitorial areas, laundry
rooms, or garbage or refuse storage rooms must have easily cleanable, smooth,
nonabsorbent, washable surfaces to the highest level of splash, spray, or abuse.
Wall finishes must be resistant to the wear and abuse to which they are subject.
Ceilings must be smooth and easily cleanable. The walls and ceilings must be
finished in a light color. Concrete or pumice blocks used for interior wall
construction in these locations must be finished and sealed to provide an easily
cleanable surface.
Subd. 3 Attachments. Light fixtures, vent covers, wallmounted fans, decorative
materials, and similar equipment attached to walls and ceilings must be easily
cleanable, and must be kept clean and in good repair.
Subd. 4 Utility Lines and Pipes. All utility lines and pipes such as electric, gas,
water, sewage, and similar waste lines or services must be installed in the walls,
under floors, or above ceilings to avoid unnecessary exposure to food equipment,
walls, floors, or ceilings. Exposed utility service lines or pipes must be easily
cleanable and installed so they do not obstruct or prevent the easy cleaning of food
equipment, floor, walls, and ceiling surfaces.
720.23 Lighting.
Subd. 1 Source and Amount. Permanently fixed artificial light sources must be
installed to provide at least 70 foot-candles of light on all food preparation surfaces
and at equipment or utensil washing work levels.
A. Permanently fixed artificial light sources must be installed to provide, at
a distance of 30 inches from the floor:
1. At least 30 foot-candles of light in utensil and equipment storage
areas and in lavatory and toilet areas.
2. At least 20 foot-candles of light in walk-in refrigeration units, dry
720 - 31
City of Edina Health 720.26
food storage areas, and in all other areas.
B. Subdued lighting in dining rooms and public access areas is permissible,
provided that lighting meeting the requirements in paragraph A. of this
Subd. 1 must be available during all clean-up operations.
Subd. 2 Protective Shielding. Shielding or coating to protect against broken glass
falling onto food must be provided for all artificial lighting fixtures located over, by,
or within food storage, preparation, service, and display facilities, and facilities
where utensils and equipment are cleaned and stored.
Infrared or other heat lamps must be protected against breakage by a shield
surrounding and extending beyond the bulb, leaving only the face of the bulb
exposed.
720.24 Ventilation. Rooms must have sufficient exhaust ventilation to keep them free
of excessive heat,steam,condensation,vapors, obnoxious or disagreeable odors,smoke and
fumes. All ventilation equipment and facilities, gas or oil fired room heaters, and water
heaters must be designed, installed, and operated in accordance with the rules of the
Building Code and the Fire Code. Intake and exhaust air ducts must be maintained to
prevent the entrance of dust, dirt, and other contaminating materials. A minimum clear
overhang of at least six inches is required on all canopy hoods, including all hoods over
dishwashers.
720.25 Dressing Rooms and Locker Areas.
Subd. 1 Dressing Rooms. If employees routinely change clothes within the
establishment, rooms or areas must be designated and used for that purpose. These
designated rooms or areas must not be used for food preparation, storage, or
service, or for utensil washing or storage.
Subd. 2 Locker Areas. Adequate lockers or other suitable facilities must be
provided and used for the orderly storage and security of employee clothing and
other belongings. Lockers or other suitable facilities may be located only in the
designated dressing rooms or areas containing only completely packaged food or
packaged single-service articles.
720.26 Poisonous or Toxic Materials.
Subd. 1 Materials Permitted. Food service establishments must have only those
poisonous or toxic materials necessary for maintaining the establishment, cleaning
and sanitizing equipment and utensils, and controlling insects and rodents.
Subd. 2 Labeling of Materials. Containers of poisonous or toxic materials must
be prominently and distinctly labeled, according to requirements in the Code of
720 - 32
City of Edina Health 720.27
Federal Regulations, Title 7, Section 162.10, and M.S. 188.14, for easy
identification of contents.
Subd. 3 Storage of Materials. Poisonous or toxic materials consist of the
following categories:
A. Insecticides and rodenticides.
B. Detergents, sanitizers, related cleaning or drying agents, caustics, acids,
polishes, and other chemicals.
Materials in each of these two categories must be stored and physically located
separate from each other. All poisonous or toxic materials must be stored in
cabinets or in a similar physically separate place used for no other purpose. To
preclude contamination,poisonous or toxic materials must not be stored above food,
food equipment,utensils, or single-service articles, except that this requirement does
not prohibit the convenient availability of detergents or sanitizers at utensil or
dishwashing stations.
Subd. 4 Use of Materials. Sanitizers, cleaning compounds, or other compounds
intended for use on food-contact surfaces must not be used in a way that leaves a
toxic residue on such surfaces or that constitutes a hazard to employees or other
persons. Poisonous or toxic materials must not be used in a way that contaminates
food, equipment, or utensils, nor in a way other than in full compliance with the
manufacturer's labeling.
Subd. 5 Personal Medications and First Aid Supplies. Personal medications and
first aid supplies must be stored to prevent them from contaminating food and food-
contact surfaces.
720.27 Premises.
Subd. 1 Housekeeping. All parts of the food establishment and areas accessory
to it must be kept neat, clean, and free of litter and refuse. Cleaning operations
must be conducted in a manner as to minimize contamination of food and food-
contact surfaces. Only articles necessary for the operation and maintenance of the
food establishment must be stored on the premises. Traffic of unnecessary persons
through the food preparation and utensil washing areas is prohibited. The walking
and driving surfaces of all exterior areas where food is served must be kept clean,
properly drained, and finished so as to facilitate maintenance and minimize dust.
Pressurized tanks and compressed gas cylinders must be properly secured to prevent
them being accidentally knocked over.
Subd. 2 Cleaning Equipment Storage. Maintenance and cleaning tools such as
720 - 33
City of Edina Health 720.28
I
brooms, mops, vacuum cleaners, and similar equipment must be maintained and j
stored in a way that does not contaminate food, utensils, equipment, or linens and
must be stored in an orderly manner for the cleaning of that storage location.
Subd. 3 Living Areas. No operation of a food establishment shall be conducted
in any room used as living or sleeping quarters. Food service operations must be
separated from any living or sleeping quarters by complete partitioning and solid,
self-closing doors.
Subd. 4 Laundry Facilities. Laundry facilities in a food establishment must be
restricted to the washing and drying of linens, clothes, uniforms, and aprons
necessary to the operation. If these items are laundered on the premises, an electric
or gas dryer must be provided and used. Separate rooms must be provided for
laundry facilities except that such operations may be conducted in storage rooms
containing only packaged foods or packaged single-service articles.
Subd. 5 Linens and Clothes Storage. Clean clothes and linens must be stored in
a clean place and protected from contamination until used. Soiled clothes and
linens must be stored in nonabsorbent containers or washable laundry bags until
removed for laundering.
720.28 Food Vending Machines. Each vending machine licensed under this Section shall
be maintained as follows:
I
Subd. 1 Product Integrity. Each machine shall be filled only with wholesome
ingredients which have been manufactured and packaged under sanitary conditions
' ers or vehicles.
d to the machine in sanitary contain
and transported ary
Subd. 2 Machine Inspection. The owner or operator of all such vending machines
shall,whenever requested, assist the Sanitarian in making inspections of the interior
of the machine.
Subd. 3 Machine Cleanliness. Every licensee shall keep and maintain each
vending machine in a clean, wholesome, and sanitary condition at all times.
Subd. 4 Contamination Prevention. Each machine must be so designed as to
protect against infestation of insects, vermin, rodents, and to protect against the
entrance of dust, dirt, rain, overhead leakage, or other sources of contamination,
and shall be
so constructed and operated as not to create a rodent harborage, and
the surroundings shall be so maintained so as not to create an unsanitary and
unsightly condition.
Subd. 5 Cleaning. Each machine shall be so designed that it may be readily
cleaned. The walls, floor, ceiling, covers, lids and other physical features shall be
of such construction as to withstand repeated cleaning.
720 - 34
City of Edina Health 720.28
Subd. 6 Cleaning Parts. All conveyors, belts, chutes, racks, slides, and tubing
shall be of such construction as to be readily cleaned in place or removable for
cleaning operations. Those parts of each vending machine which come in direct
contact with food, such as receptacles, pipes, valves, and so forth, shall be of
smooth construction, free of breaks, corrosion, open seams, cracks, or chips; shall
be readily removable for cleaning and inspection or shall be easily cleaned in place;
shall be non-toxic in themselves or in combination with food that may come in
contact with such equipment and shall be thoroughly washed and sanitized.
Subd. 7 Accessibility to Parts. Each machine shall be so constructed that it may
be opened and ail parts of it made available for inspection by the Sanitarian.
Subd. 8 Cup Dispensing Machines. Each machine that vends a cup to receive
food from such machine shall have the dispensing opening protected from dust and
insect infestation by means of a manual or mechanical opening device.
Subd. 9 Temperature for Perishable Food. The temperature in all vending
machines which are dispensing potentially hazardous unfrozen food shall be
maintained at all times at not warmer than 40 degrees Fahrenheit nor colder than
one degree above freezing temperature. Where frozen fresh food is being vended
such temperature shall be maintained at 0 degrees Fahrenheit or colder at all times.
A thermometer shall be provided and located to be readable from outside of the
machine without opening the door. If required by the Sanitarian by notice in
writing, an automatic temperature recording device shall be installed and
maintained for each such machine. The charts of the recording device shall be
preserved, and dated, and delivered to the Sanitarian at least once each 30-day
period or as requested by the Sanitarian.
Subd. 10 Temperature Failure. Each vending machine which dispenses perishable
unfrozen food shall be equipped with a mechanical device so integrated with the
dispensing mechanism that no potentially hazardous food can be obtained from such
vending machine after the temperature in the vending machine shall rise above 45
degrees Fahrenheit. Likewise, any vending machine dispensing frozen food shall be
so equipped that no food can be obtained therefrom after said temperature rises
above five degrees Fahrenheit. All such machines shall be so equipped as to return
the coin or coins to the prospective purchaser if no food is dispensed for any reason
when a coin is inserted. No food in a machine where the temperature has exceeded
the maximum specified above shall be made available for sale from the machine
unless inspected and approved by the Sanitarian as safe for human consumption.
The provisions of this Subdivision shall not be applicable to any vending machine
which dispenses only ice cream or carbonated soft drinks.
Subd. 11 Person Responsible for Operation. Each vending machine shall have
posted on it a label or sign stating the name, address and telephone number of the
person responsible for its operation.
720 - 35
City of Edina Health 720.29
720.29 Requirements for Itinerant Food Establishments, Mobile Food Services or
Pushcarts.
Subd. 1 General. Itinerant food establishments,mobile food services or pushcarts
must comply with all provisions of this Section which are applicable to their
operation. If necessary to protect the public health, the Sanitarian shall impose
additional requirements to protect against health hazards related to the conduct of
their operation and shall prohibit the sale or giveaway of some or all potentially
hazardous foods. When no health hazard is likely to result, the Sanitarian may
modify specific requirements of this Section.
Subd. 2 Restricted Operations. This Subdivision applies whenever an itinerant
food establishment, mobile food service, or pushcart is approved under Subd. 1 of
this Subsection to operate without complying with all the requirements of this
Section.
A. The itinerant food establishment, mobile food service, or pushcart must
be located where it is not subject to flooding and is protected from possible
contanunation; for example toilets, animal pens, or garbage collection sites.
It must be protected from dust and windblown particulates by location,
treatment of ground surfaces, or by having the food stand, mobile food
service, or pushcart enclosed.
B. The Sanitarian may restrict the type of food served or the method of food
preparation based on equipment limitations, commissary facilities, or climatic
conditions.
Subd. 3 Construction.
A. Work Spaces. Work spaces must be sized to permit unobstructed work
activity. Equipment must be located to permit easy cleaning.
B. Floors. The interior floor of an itinerant food establishment must be
constructed of concrete, asphalt, tight wood, vinyl flooring or other similar
cleanable material kept in good repair. Dirt or gravel, when graded to drain,
may be used as subflooring when covered with clean, removable platforms
or duckboards, or covered with wood chips, shavings or other suitable
materials effectively treated to control dust. The interior floor of a mobile
food service or pushcart must be noncorrosive metal or be surfaced with
vinyl flooring or equivalent.
C. Walls or Enclosures. The itinerant food establishment must provide
protection during adverse weather by its construction or location. If it does
not, then food activities must cease during periods of adverse weather. The
mobile food service or pushcart must be capable of being fully enclosed on
720 - 36
City of Edina Health 720.29
the sides and roof to provide protection during adverse weather. Interior
surfaces must be finished with smooth, durable, nonabsorbent, easily
cleanable material that resists the wear and abuse to which the surfaces are
subjected. High gloss paint is the minimum acceptable finish.
Subd. 4 Equipment.
A. General. Food service equipment must comply with the applicable
standards of NSF International.
B. Refrigeration. Mechanical refrigeration is required for potentially
hazardous foods such as meat, fish, poultry, milk and milk products, and
eggs. A metal stem product thermometer with a range from zero degrees
Fahrenheit (minus 18 degrees centigrade) to 220 degrees Fahrenheit (104
degrees centigrade) is required for measuring temperature of this food.
Electricity must be provided to refrigeration units 24 hours a day when the
food service establishment has been set in place for service. Insulated chests
containing dry ice or frozen refrigerant packs may be used for items such as
wieners and precooked sausages as long as required temperatures are
maintained. A thermometer is required for each refrigerator and insulated
chest.
C. Cooking Equipment. Itinerant food establishments may use electric
skillets, roasters, propane stoves, and charcoal grills equipped with lids for
cooking food as long as safe food temperatures are maintained. Crock pots
may not be used.
D. Exhaust System. When grease laden cooking vapor or condensation is
generated in the cooking process, a mechanical exhaust system must be
provided within a mobile food service or pushcart to prevent grease and
condensation from collecting on walls and ceilings.
E. Utensils. Commercial food grade utensils must be used. Galvanized or
soft plastic containers, wooden spoons, enamelware, paintbrushes, and
similar materials are not acceptable. Garbage bags and garbage receptacles
must not be used for covering or storing food.
F. Contamination by Customers. Food preparation and cooking areas must
be separated by an adequate distance or by an impervious shield from
customer seating and circulation areas to prevent contamination of food and
food preparation areas.
G. Handwashing Facilities for Itinerant Food Establishment. Handwashing
facilities shall be provided within an itinerant food establishment. They shall
consist of:
720 - 37
City of Edina Health 720.29
1. Soap, paper towels, and a water faucet or spigot that discharges into
a waste line or holding vessel; or
2. Paper towels and a spray bottle containing a germicidal solution,
using one teaspoon of household bleach to a gallon of water; or
3. Moist towelettes when there is little or no food preparation. j
H. Handwashing Facilities in Mobile Food Service or Pushcart. A mobile
food service or pushcart shall be equipped with hot and cold running water,
soap, and paper towels in all units where food is prepared.
I. Lighting. All interior lights must be shielded or enclosed to prevent
breakage. Lights used at night must not attract flying insects.
Subd. 5 Dishwashing Facilities, Procedures, and Equipment Cleaning.
A. General. Single-service, disposable eating and drinking utensils must be
used unless approved permanent dishwashing facilities are available. Utensils
are to be washed and sanitized immediately before the event and as often as
necessary during the event. Utensils may be washed off the site if approval
is granted by the Sanitarian. When this is done, the clean utensils must be
suitably covered with plastic wrap or placed in a covered container when
transported. When utensils are not washed at the site, enough utensils must
be provided so that if one becomes soiled or contaminated, a clean one is
available.
B. Drying. Space must be provided for air drying utensils. Towel drying is
not permitted.
C. Manual Utensil Washing. The procedure for manual utensil washing is:
1. Wash in warm, soapy water;
2. Rinse in clean water;
3. Sanitize for at least one minute in a sanitizing solution of sufficient
concentration,using one tablespoon of household bleach per two gallons
of water; and
4. Allow to air dry.
D. Cleaning Equipment. Food contact equipment that must be cleaned in
place, like meat slicers or soft serve ice milk dispensers, must be sanitized
using a solution equal to that listed in paragraph C. of Subd. 5 of this
720 - 38
City of Edina Health 720.29
Subsection.
E. Wiping Cloth. Cloths used to wipe equipment and counters must be
stored in a sanitizing solution between uses. The solution must equal that
listed in paragraph C. of Subd. 5 of this Subsection.
F. Sanitizer Test Kit. Test kits or strips for analyzing sanitizer strength must
be available and used.
Subd. 6 Food, Beverage, and Utensil Handling and Storage.
A. Food Source. All ice and food supplies must come from an approved
commercial source. No home prepared food or food storage at home is
permitted. Ice must be obtained only in chipped, crushed, or cubed form and
in single-use safe plastic or wet-strength paper bags filled and sealed at the
point of manufacture. The ice must be held in these bags until it is
dispensed in a way that protects it from contamination. When preparation
or hot and cold holding equipment are not adequate for the volume of food
prepared, food preparation activities must take place in a facility such as a
restaurant, school, fraternal organization kitchen, or church.
B. Temperature. Potentially hazardous food must be maintained at 40
degrees Fahrenheit (four degrees centigrade) or below and 150 degrees
Fahrenheit (66 degrees centigrade) or above, including periods when it is
being transported.
C. Previously Cooked Food. Previously cooked food that is reheated must
reach an internal temperature throughout of at least 165 degrees Fahrenheit
(74 degrees centigrade) before being served. Any heated food that is left
over at the end of the day must be discarded.
D. Storage. Food and single-service disposable utensils such as paper plates
and plastic eating utensils must be clean, dry, covered, and kept at least six
inches off the floor. Storage of packaged food in contact with water or
undrained ice is prohibited. Wrapped sandwiches must not be stored in
direct contact with ice. Canned, bottled, and other containerized beverages
except milk may be chilled in ice.
E. Single-Service Items and Condiment Dispensing. Single-service utensils
and self-service food, including condiments such as catsup, mustard, coffee
whitener, and sugar, must be individually packaged or be dispensed from an
approved dispenser.
Subd. 7 Water supply.
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City of Edina Health 720.29
A. General. Potable water must be obtained from an approved public water
supply system. Water must not come from a residential well. If water is not
provided under pressure at the establishment, it may be transported and
stored in approved, cleanable, covered containers such as five or ten gallon
coffee urns or nongalvanized beverage coolers containing spigots.
B. Holding Tank. Each mobile food service requiring a water system must
be equipped with a fresh water holding tank that can be drained and a hot
water heater, both of which are sufficiently sized to meet water demand.
The holding tank must be corrosion resistant, nontoxic, and free of seams.
When in operation, a unit may be directly supplied with water from an
external water system. The connecting hose must be capped and otherwise
protected when it is disconnected so that it will not be contaminated by
waste discharge, road dust, oil, or grease.
C. System Sanitizing. The total water system must be sanitized each year
before the unit is put into service. j
Subd. 8 Wastewater and Refuse Disposal.
A. Wastewater. Wastewater must be discharged directly into an approved
sanitary sewer system or to a holding tank which will subsequently be
discharged into a sewer system. Discharge lines and connections must not
be compatible with the water supply connection. The holding tank must be
at least 25 percent larger than the fresh water storage tank. Ground surface
discharge is not permitted.
B. Refuse and Garbage Disposal. Refuse and garbage must be deposited and
stored in a manner that will not tend to create a nuisance. Garbage
containing food waste, if stored overnight or for extended periods of time,
must be stored in tightly covered nonabsorbent containers.
Subd. 9 Insect Control. Effective insect control is to be achieved through
sanitation. If insecticides are to be used, they must be an approved type such as
pyrethrins as the active ingredient, and used according to the manufacturer's
directions. They must not be used when food or utensils are exposed. Intermittent
spray dispensers and vapona strips must not be used.
Subd. 10 Employee Practices. Employees must comply with the following
requirements:
A. Employees must maintain their hands in a clean and sanitary condition
and wash hands immediately after going to the toilet, handling raw food,
smoking, or otherwise soiling their hands.
720 - 40
City of Edina Health 720.30
B. Employees must not engage in food preparation or service activities if
that person has a communicable disease, gastrointestinal illness, sore throat,
or discharging wound.
C. An employee must not use tobacco in any form while on duty.
D. An employee's outer garments must be clean.
E. An employee must wear effective hair restraints such as hairnets,
headbands, and caps while engaged in food preparation and service.
F. An adult shall be responsible for the operation of the establishment and
shall supervise children working in the establishment.
Subd. 11 Safety.
A. Electrical. Electrical service must comply with the Minnesota State
Building Code Electrical Code, Chapter 1315. Electrical lines should not be
located in or near water.
B. Carbon Dioxide. Carbon dioxide and bottled gas cylinders must be
secured by chains or other types of restraints.
C. Fire Extinguishers. A fire extinguisher with a minimum 2A 10 B-C rating
must be present if required by the Fire Chief.
720.30 State Licensing. To the extent that any activity licensed by this Section is also
licensed by the State and the City is prohibited from also licensing that same activity, then
no license shall be required under this Section, but such State license shall be registered
with the City before conducting the licensed activity within the City. Such registration
shall be with the Sanitarian and be accompanied by proof that the registrant holds a then
current license issued by the State.
History. Ord 731 codified 1970, amended by Ord 731 AI 1-24-74, Ord 731-A2 2-16-77, Ord
731-A3 3-4-81, Ord 731-A5 9-29-82, Ord 731-A6, 4-30-86, Ord 731-A7 11-12-86, Ord 731-A8
9-23-87, Ord A9 2-28-90.
Reference: M.S. 471.707 (Notice and hearing to increase vending machine fees), M.S. 144.411
through 144.417 (Clean Indoor Air Act), M.S. 145A.03 through 145A.08
Cross Reference. Sections 160, 185
720 - 41
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
City of Edina Land Use, Platting and Zoning 850.01
Section 850 - Zoning
850.01 Findings, Purpose and Objectives 850.09 Loading Facilities
850.02 Short Title 850.10 Landscaping and Screening
850.03 Rules of Construction, Interpretation, 850.11 Single Dwelling Unit District (R-1)
Severability, Definitions 850.12 Double Dwelling Unit District (R-2)
850.04 Administration and Procedures for Variances, 850.13 Planned Residence District (PRD, PSR)
Rezoning, Transfer to Planned Districts, 850.14 Mixed Development District (MDD)
Conditional Use Permits, Temporary 850.15 Planned Office District (POD)
Conditional Use Permits 850.16 Planned Commercial District (PCD)
850.05 Districts 850.17 Planned Industrial District (PID)
850.06 District Boundaries 850.18 Regional Medical District (RMD)
850.07 General Requirements Applicable to all Districts 850.19 Automobile Parking District (APD)
Except as Otherwise Stated, Storage of Refuse, 850.20 Heritage Preservation Overlay District
Home Occupations, Fences, Setbacks, Building (HPD)
Coverage 850.21 Floodplain Overlay District (FD)
850.08 Parking and Circulation
850.01 Findings, Purpose and Objectives. The Council finds that Edina has emerged from an
era exemplified by unparalleled growth and development and has entered a period of stability,
reuse and redevelopment; that some of the standards and regulations which guided initial
development of the City are not appropriate for guiding future development and redevelopment;
and that standards and regulations for guiding future development and redevelopment should be
based upon the stated goals, objectives and policies of the Comprehensive Plan of this City, as
from time to time amended, which constitutes the City's statement of philosophy concerning the
use of land within its jurisdiction. Through the enactment of this Section, the Council intends to
implement this statement of philosophy so as to provide for the orderly and planned development
and redevelopment of lands and waters in Edina, to maintain an attractive living and working
environment in Edina, to preserve and enhance the high quality residential character of Edina and
to promote the public health, safety and general welfare.
Specifically, this Section is intended to implement the following objectives, some of which are
contained in the Comprehensive Plan:
Maintain, protect and enhance single family detached dwelling neighborhoods as the
dominant land use.
Encourage orderly development of multi-family housing that offers a wide range of
housing choice, density and location while maintaining the overall high quality of
residential development.
Control the use, development and expansion of certain non-residential uses in the Single
Dwelling Unit District in order to reduce or eliminate undesirable impacts of such non-
residential uses.
Encourage a more creative and imaginative approach to the development of multi-family
developments.
Provide an enjoyable living environment by preserving existing topography, vegetation,
850-1
City of Edina Land Use, Platting and Zoning 850.01
streams, water bodies and other natural land and water forms.
Encourage mixed use developments which:
A. Provide housing for persons of low and moderate income.
B. Include recreational facilities and parks.
C. Harmoniously integrate residential and non-residential uses.
D. Encourage the increased use of mass transit.
E. Reduce employment-related automobile trips.
Encourage orderly development, use and maintenance of office, commercial and industrial
uses which are compatible with the residential character of the City.
Recognize and distinguish commercial districts at the neighborhood level, the community
level and the regional level, so as to provide retail establishments compatible in use and
scale with surrounding properties, especially those used for residential purposes.
i
Establish requirements for parking and loading to minimize impacts on public streets and
surrounding properties.
Establish standards for landscaping and screening to contribute to the beauty of the
community, add to the urban forest and buffer incompatible uses from one another.
Preserve buildings, lands, areas and districts which possess historical or architectural
significance.
Protect surface and ground water supplies, minimize the possibility of periodic flooding
resulting in loss of life and property, health and safety hazards and related adverse effects.
Allow interim uses of closed public school buildings.
The Council also finds that sexually-oriented businesses have adverse secondary characteristics
particularly when they may be accessible to minors or are located near residential properties or
schools, day care centers, libraries and parks, and such businesses can exert a dehumanizing
influence on persons attending or using such residential properties or schools, day care centers,
libraries and parks.
Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which
such businesses are located.
Sexually-oriented businesses can significantly contribute to the deterioration of residential
neighborhoods and can impair the character and quality of the residential housing in the area in
which such businesses are located, thereby exacerbating the shortage of affordable and habitable
850-2
i
City of Edina Land Use, Platting and Zoning 850.03
housing for City residents.
The concentration of sexually-oriented businesses in one area can have a substantially detrimental
effect on the area in which such businesses are concentrated and on the overall quality of urban
life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses.
The presence of such businesses is perceived by others as an indication that the area is
deteriorating and the result can be devastating -- other businesses move out of the vicinity and
residents flee from the area. Declining real estate values, which can result from the concentration
of such businesses, erode the City's tax base and contribute to overall urban blight.
The regulation of the location and operation of sexually-oriented businesses is warranted to
prevent the adverse secondary effects of such businesses on the City's crime rate, its retail trade,
its property values, and in general the quality of the City's neighborhoods, commercial and
industrial districts, and urban life.
This Section divides the City into districts and establishes minimum requirements for these
districts as to the location, height, parking, landscaping, bulk, mass, building coverage, density
and setbacks of buildings and structures and the use of buildings, structures and properties for
residences, retailing, offices, industry, recreation, institutions and other uses. This Section also
provides procedures for the transfer of property to another district, procedures for the issuance of
conditional use permits, establishes the Zoning Board of Appeals, provides for the administration
of this Section, and establishes penalties and remedies for violations. This Section also establishes
overlay districts designed to preserve buildings, lands, areas and districts of historic or
architectural significance and to protect surface and ground water supplies and minimize the
possibility of periodic flooding resulting in loss of life and property, health and safety hazards and
related adverse effects.
850.02 Short Title. This Section shall be known as the Zoning Ordinance, may be cited as
such, and will be referred to in this Section as "this Section".
850.03 Rules of Construction, Interpretation, Severability, Definitions.
Subd. 1 Rules of Construction. In construing this Section, the following rules of
construction shall govern, unless their observance would involve a construction
inconsistent with the manifest intent of the Council, or be repugnant to the context of the
section:
A. The use of the phrase "used for" shall include the phrases "designed for,"
"intended for," "improved for," "maintained for," "offered for," and "occupied
for."
B. Words and phrases shall be construed according to rules of grammar and
according to their common and accepted usage; but technical words and phrases and
such others as have acquired a special meaning, or are defined in this Section, shall
be construed according to such special meaning or their definition.
C. References in this Section to this Section or to another Code provision, whether
or not by specific number, shall mean this Section, and the referred to Code
provision, as then amended.
850-3
City of Edina Land Use, Platting and Zoning 850.03
D. The R-1 District is also used as a holding or open development area for those
properties shown on the Comprehensive Plan as having the potential for
development for uses other than permitted in the R-1 District, which other uses
shall be permitted only after rezoning pursuant to Subsection 850.04 of this Section.
Subd. 2 Interpretation. The provisions of this Section shall be the minimum
requirements for the promotion of the public health, safety, morals and general welfare. It
is not the intention of this Section to interfere with, abrogate or annul any covenant or
agreement between parties. Where this Section imposes greater restrictions than any other
applicable statute, ordinance, rule or regulation, this Section shall control when and to the
extent allowed by State law. Where any other applicable statute, ordinance, rule or
regulation, including, without limitation, as to Subsection 850.21, those of the Minnehaha
Creek Watershed District and the Nine Mile Creek Watershed District, and the Minnesota
Department of Natural Resources, imposes greater restrictions than this Section, such
other statute, ordinance, rule or regulation shall control. The section, subsection and
paragraph headings are for reference only, and shall not be used to interpret, enlarge or
detract from the provisions of this Section. Any use not specifically allowed by this
Section in a district as a principal, accessory or conditional use, shall not be allowed or
permitted in that district by implication, interpretation or other construction of, or meaning
given to, the wording of this Section.
Subd. 3 Definitions. The following words, terms and phrases, as used herein, have j
the following meanings:
Accessory Building. A separate building or structure or a portion of a principal
building or structure used for accessory uses.
Accessory Use. A use allowed by this Section which is subordinate to the principal
use in terms of purpose, scope and extent and is located on the same lot as the
principal use.
Adult Body Painting Studio. An establishment or business which provides the
service of applying paint or other substance, whether transparent or non-
transparent, to or on the body of a patron when such body is wholly or partially
nude in terms of Specified Anatomical Areas.
Adult Bookstore. An establishment or business which barters, rents or sells items
consisting of printed matter, pictures, slides, records, audio tape, videotape, or
motion picture film and either alone or when combined with Adult Motion Picture
Rental or Sales and Adult Novelty Sales within the same business premises has
either 10 percent or more of its stock in trade or 10 percent or more of its floor area
containing items which are distinguished or characterized by an emphasis on the
depiction or description of Specified Sexual Activities or Specified Anatomical
Areas.
Adult Cabaret. An establishment or business which provides dancing or other live
entertainment, if such dancing or other live entertainment is distinguished or
characterized by an emphasis on the presentation, display, depiction or description
of Specified Sexual Activities or Specified Anatomical Areas.
850-4
City of Edina Land Use, Platting and Zoning 850.03
Adult Companionship Establishment. An establishment or business which
provides the service of engaging in or listening to conversation, talk or discussion
between an employee of the establishment and a customer, if such service is
distinguished or characterized by an emphasis on Specified Sexual Activities or
Specified Anatomical Areas.
Adult Conversation/Rap Parlor. An establishment or business which provides the
service of engaging in or listening to conversation, talk, or discussion, if such
service is distinguished or characterized by an emphasis on Specified Sexual
Activities or Specified Anatomical Areas.
Adult Health/Sport Club. An establishment or business which excludes minors by
reason of age and is distinguished or characterized by an emphasis on Specified
Sexual Activities or Specified Anatomical Areas.
Adult Hotel or Motel. A hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented which is distinguished
or characterized by an emphasis on matter depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Areas.
Adult Mini-Motion Picture Theater. A building or portion of a building with a
capacity for less than 50 persons used for presenting material distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas for observation by patrons therein.
Adult Modeling Studio. An establishment or business which provides to
customers, figure models who engage in Specified Sexual Activities or display
Specified Anatomical Areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers.
Adult Motion Picture Arcade. Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or mechanically
controlled or operated still or motion picture machines, projectors or other image-
producing devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing Specified Sexual Activities
or Specified Anatomical Areas.
Adult Motion Picture Rental or Sales. An establishment or business which
barters, rents or sells videotapes or motion picture film and either alone or when
combined with Adult Bookstore or Adult Novelty Sales within the same business
premises has either 10 percent or more of its stock in trade or 10 percent or more of
its floor area containing items which are distinguished or characterized by an
emphasis on the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas.
Adult Motion Picture Theater. A building or portion of a building with a capacity
of 50 or more persons used for presenting material distinguished or characterized by
an emphasis on Specified Sexual Activities or Specified Anatomical Areas for
850-5
City of Edina Land Use, Platting and Zoning 850.03
observation by patrons therein.
Adult Novelty Sales. An establishment or business which sells devices which
stimulate human genitals or devices which are designed for sexual stimulation and
either alone or when combined with Adult Bookstore and Adult Motion Picture
Rental or Sales has either 10 percent or more of its stock in trade or 10 percent or
more of its floor area containing such items and other items which are distinguished
or characterized by an emphasis on the depiction or description of Specified Sexual
Activities or Specified Anatomical Areas.
Adult Sauna/Bathhouse/Steam Room. An establishment or business which
excludes minors by reason of age and which provides a steam bath or heat bathing
room if the service provided by the sauna is distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas.
Alley. A public right of way less than 30 feet in width which is used or usable for a
public thoroughfare.
Alteration. A physical change in a building or structure that requires the issuance
of a building permit in accordance with Section 410 of this Code, but excluding
changes to mechanical equipment such as furnaces and boilers.
Apartment Building. A residential building having not less than three dwelling
units in a single building with at least one dwelling unit occupying a different story
or stories than other dwelling units in the same building.
Automobile Service Center. A principal building and its accessory buildings in
which batteries, tires, brakes, exhaust systems or other automobile parts are
repaired or replaced, including tune-ups, wheel balancing and alignment, but
excluding body and chassis repair, painting, engine rebuilding and any repair to
vehicles over two ton capacity. Gasoline and oil may be dispensed as an accessory
use.
Basement. A floor level of a building which is located partly or completely
underground.
Board. The Zoning Board of Appeals of the City established by this Section.
Building. Any structure used or intended for supporting or sheltering any use,
property or occupancy, and when the structure is divided by walls without
openings, each portion of the structure so separated shall be deemed a separate
building.
Building Coverage. The percentage of the lot area occupied by principal and
accessory buildings and structures, including without limitation, patios.
Building Height or Structure Height. The distance measured from the average
proposed ground elevation adjoining the building at the front building line to the top
of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the
roof directly above the highest wall of a shed roof, to the uppermost point on a
850-6
City of Edina Land Use, Platting and Zoning 850.03
round or other arcb-type roof, or to the average distance of the highest gable on a
pitched or hip roof. References in this Section to building height shall include and
mean structure height, and if the structure is other than a building, the height shall
be measured from said average proposed ground elevation to the highest point of the
structure.
Car Wash. A principal building which is equipped with a conveyor system and
other mechanical equipment and facilities for washing motor vehicles.
Car Wash - Accessory. An accessory building or part of a principal building
equipped with mechanical equipment and facilities (but not a conveyor system) for
washing motor vehicles and which is accessory to an automobile service center or
gas station. An accessory car wash shall be capable of servicing only one vehicle at
a time.
Club. A non-profit organization with bona fide members paying annual dues, which
owns, hires or leases a building, or portion, the use of which is restricted to
members and their guests.
Commission. The Planning Commission of the City.
Community Center. A building, or portion thereof, which houses public health
facilities, governmental offices and meeting rooms, social service facilities, meeting
rooms and facilities for civic and cultural organizations and groups, and publicly
sponsored recreational activities, or any combination, all of which are intended for
the use and benefit of residents of the City, and which is designated, by resolution
of the Council, as a community center.
Comprehensive Plan. Comprehensive Plan shall have the same meaning as in
Subsection 810.02 of this Code.
Conditional Use. A use which, though generally not suitable in a particular zoning
district, may, under some circumstances, and subject to conditions, be suitable in a
particular district. Conditional uses shall be allowed by this Section only pursuant to
the issuance of a conditional use permit.
Convalescent Home. A building or group of buildings licensed by the Minnesota
Department of Public Welfare for the care of children, .the aged or infirm, or a
place of rest and care for those suffering physical or mental disorders. Hospitals,
clinics, maternity care homes, and other buildings or parts of buildings containing
surgical equipment are not included.
Counseling Service. A public or private organization which provides advice and
assistance concerning such matters as career objectives, chemical and alcohol abuse
and health problems. Counseling services do not include employment agencies,
attorneys' offices or uses which are typically located in business or professional
offices.
Curb Elevation. The average elevation of the constructed curb of the street along a
front lot line. Where there is no constructed curb, the Engineer shall establish the
850-7
City of Edina Land Use, Platting and Zoning 850.03
curb elevation for purposes of this Section.
Day. A calendar day.
Day Care. A service providing care and supervision for part of a day for
individuals who are not residents of the principal building in which the service is
located.
i
Deck. A structure which is either freestanding or attached to a principal or
accessory building, constructed at grade or above grade, intended or designed for
use as outdoor living space and unenclosed by solid or non-solid walls or a roof.
Enclosures or covered areas such as gazebos, breezeways and porches which may
be integral to a deck shall be considered for setback purposes as accessory buildings
if the deck is freestanding, or as a part of the principal building if the deck is
attached to the principal building.
District. A geographic area or areas of the City sharing the same zoning
classification for which this Section establishes restrictions and requirements. A
district may be divided into subdistricts.
Drive-In. A principal or accessory use which sells or serves products or
merchandise to customers waiting in vehicles who then consume or use the product
or merchandise within the vehicle while on the lot occupied by the principal or
accessory use.
Drive-Through Facility. An accessory use which provides goods or services to
customers waiting in vehicles who then leave the lot to consume or utilize any
goods which may have been received. Employees of the principal use shall not leave
the confines of the principal or accessory building to dispense said goods or
services.
Dwelling Unit. One or more rooms connected together, but which is or are
separated from all other rooms in the same building, which room constitutes, or
rooms constitute, a separate, independent unit with facilities for cooking, sleeping
and eating, and used for residential occupancy. A room or rooms shall be deemed to
be a dwelling unit if it contains or they contain facilities for cooking, sleeping and
eating, if it or they can be separated from all other rooms in the same building, if
access can be gained without entering or passing through any living space of
another dwelling unit, and if it is or they are used for residential occupancy.
Efficiency Apartment. A dwelling unit consisting of one room exclusive of
bathroom, kitchen, hallway, closets or dining alcove directly adjoining the one
room.
Efficiency Dwelling Unit. See Efficiency Apartment.
Floor Area Ratio (FAR). Gross floor area divided by lot area.
Frontage. That portion of a lot line which coincides with the right-of-way line of a
street.
850-8
City of Edina Land Use, Platting and Zoning 850.03
Garage - Accessory. An accessory building or portion of a principal building which
is principally used for the storage of motor vehicles owned by the occupants of the
principal building.
Garage - Repair. A principal building used for the repair of motor vehicles or the
storage, for a fee, of motor vehicles for periods exceeding 24 hours.
Gas Station. A principal building and its accessory structures used for the sale of
motor fuels and oils, where automotive accessories and convenience goods may be
sold, but where repair and servicing of motor vehicles does not occur; provided,
however, that an accessory car wash is permitted. If repair or servicing is provided,
the use shall be classified as an automobile service center.
Gross Floor Area (GFA). The sum of the horizontal areas of all the floors of a
building as measured from (i) the exterior faces of the exterior walls; (ii) the
exterior window line of the exterior walls in the case of a building with recessed
windows, or (iii) the center line of any party wall separating two buildings. Gross
floor area includes basements, hallways, interior balconies and mezzanines,
enclosed porches, breezeways and accessory buildings not used for parking. Gross
floor area does not include accessory garages, parking ramps, parking garages,
areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms,
elevator shafts or stairwells. Use of the phrase "floor area," in this Section shall
mean "gross floor area" as herein defined, unless otherwise specifically stated.
Half Story. The uppermost floor of a building in which (i) the intersection of the
exterior wall and the roof is not more than three feet above the floor elevation, and
(ii) not more than 60 percent of the floor's area exceeds five feet in height as
measured from the floor to the rafters. Floors not meeting this definition shall be
deemed a story.
Helistop. An area, either at ground level or elevated on a structure, used for
landing and takeoff of helicopters.
Hotel. A building, or group of buildings, which, in whole or in part, contains
rooms used for sleeping or transient occupancy.
Lodge Hall. A hall for, or meeting place of, the members of a local branch of a
fraternal order or society, such as the Masons, Knights of Columbus, Moose,
American Legion and other similar organizations.
Lot. The basic development unit for purposes of this Section. A lot may consist of
one parcel or two or more adjoining parcels under single ownership or control, and
used for a principal use and accessory uses allowed by this Section. A lot, except
lots in a townhouse plat, must have at least 30 feet frontage on a street other than at
limited access freeway.
Lot Area. The area within the lot lines exclusive of land located below the ordinary
high water elevation of lakes, ponds and streams.
Lot - Corner. A lot at the junction of and abutting on two or more intersecting
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City of Edina Land Use, Platting and Zoning 850.03
streets, or at the point of deflection in alignment of a single street, the interior angle
of which does not exceed 135 degrees.
Lot Depth. The horizontal distance between the midpoint of the front lot line and
the midpoint of the rear lot line. The greater frontage of a corner lot is its depth and
the lesser frontage is its width.
i
Lot - Interior. A lot other than a corner lot.
Lot Line - Front. The boundary of a lot having frontage on a street. The owner of
a corner lot may select either frontage as the front lot line.
Lot Line - Interior. Any boundary of a lot not having frontage on a street.
Lot Line - Rear. The boundary of a lot which is most distant from, and
approximately parallel with, the front lot line.
Lot Line - Side. Any boundary of a lot which is not a front or rear lot line.
Lot - Through. An interior lot having frontage on two streets.
Lot Width. The horizontal distance between side lot lines measured at right angles
to the line establishing the lot depth at a point of 50 feet from the front lot line.
Lot Width to Perimeter Ratio. The lot width divided by the perimeter of the lot.
Motel. See Hotel.
Motor Hotel. See Hotel.
Multi-Residential Use. A residential use permitted in the Planned Residence
District and the Mixed Development District.
Non-Conforming Building. A building or structure which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section or any amendment thereto, but which was lawfully existing as of the date of
its construction or placement.
Non-Conforming Lot. A lot which does not meet the requirements of the zoning
district in which it is located, or of Section 810 of this Code, due to the enactment
of this Section, or of Section 810 of this Code, or any amendments to either, but
which met all such requirements as of the date the lot was established or created of
record.
Non-Conforming Use. A principal or accessory use which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section, or any amendment hereto, but which was a lawful use as of the date it was
first commenced.
Non-Profit Organization. An organization which is qualified for tax exemption
under §§501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended.
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City of Edina Land Use, Platting and Zoning 850.03
Nursing Home. See Convalescent Home.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision as an
outlot.
Parcel. A unit of land with fixed boundaries described by lot and block and
reference to a recorded plat approved by the duly adopted resolution of the Council,
or by a metes and bounds, or other, description. A parcel may or may not be a lot
as defined in this Section.
Parking Garage. A building which is totally enclosed by walls and a roof, and
containing one or more levels for the parking of vehicles.
Parking Ramp. A structure which is not totally enclosed, containing one or more
levels for the parking of vehicles.
Patio. A portion of a lot which is improved with a surfacing material including, but
not limited to, concrete, asphalt or decorative bricks, which is intended or designed
for use as outdoor living space and is not enclosed by solid or non-solid walls or a
roof. Enclosures or covered areas such as gazebos, breezeways and porches which
may be integral to a patio will be considered, for setback purposes, as accessory
buildings if the patio is freestanding or is part of the principal building, if the patio
is contiguous with the principal building.
Principal Building. A building which is used for principal uses including enclosed
seasonal living areas such as porches and breezeways which are attached to the
principal building.
Residential Building. A building used for residential purposes or residential
occupancy.
Residential Occupancy. The use of a room or rooms for housekeeping purposes by
the owner of the property, or by a lessee or occupant, for periods of 30 days or
more for a rental fee, or other compensation, or pursuant to other arrangements
with the owner.
Residential Use. See Residential Occupancy.
Rest Home. See Convalescent Home.
Senior Citizen Dwelling Unit. (i) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 650 square feet, and specifically designed for
occupancy by a single individual 62 years of age or over, or two individuals, one of
whom is 62 years of age or over; (ii) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 700 square feet, and specifically designed for
occupancy by a handicapped individual; or (iii) A two bedroom dwelling unit within
an apartment building with a kitchen, bathroom, living and storage space, of not
less than 750 square feet nor more than 850 square feet, and specifically designed
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City of Edina Land Use, Platting and Zoning 850.03
for occupancy by a single individual 62 years of age or over, or two individuals,
one of whom is 62 years of age or over.
Setback - Front Street. The shortest horizontal distance from the forward most
point of a building or structure to the nearest point on the front lot line.
Setback - Interior Side Yard. The shortest horizontal distance from any part of a
building or structure to the nearest point on an interior side lot line.
Setback - Rear Yard. The shortest horizontal distance from any part of a building
or structure to the nearest point on a rear lot line.
Setback - Side Street. The shortest horizontal distance from any part of a building
or structure to the nearest point on a side lot line that adjoins a street.
Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters,
adult motion picture rental, adult mini-motion picture theaters, adult steam
room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult
hotels/motels, and adult body painting studios as herein defined. In addition, all
other premises, enterprises, establishments, businesses or places at or in which
there is an emphasis on the presentation, display, depiction or description of
Specified Sexual Activity or Specified Anatomical Areas which are capable of being
seen by members of the public. The term "sexually-oriented businesses" shall not be
construed to include; (i) schools or professional offices of licensed physicians,
chiropractors, psychologists, physical therapists, teachers or similar licensed
professionals performing functions authorized under the licenses held; (ii)
establishments or businesses operated by or employing licensed cosmetologists or
barbers performing functions authorized under licenses held; (iii) businesses or
individuals licensed in accordance with Section 1340 of this Code, or (iv) the sale of
clothing.
Shopping Center. A group of unified commercial establishments located on a
single tract, permitted in the PCD-1, PCD-2 and PCD-3 Districts, composed of not
fewer than six separate and distinct business entities which are located in one or
more buildings comprising not less than 25,000 square feet of gross floor area, and
which share joint use of parking facilities, pedestrian ways, landscaping, traffic
circulation and other amenities, in accordance with and pursuant to a joint use
agreement, in form and substance acceptable to the Planner and Engineer, duly
signed and delivered by all owners and encumbrances of the shopping center, and
duly recorded in the proper office to give constructive notice.
Specified Anatomical Areas. (i) Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female breast(s) below a point immediately
above the top of the areola; or; (ii) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Specified Sexual Activities. (i) Actual or simulated sexual intercourse, oral
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City of Edina Land Use, Platting and Zoning 850.03
copulation, anal intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the context of a sexual
relationship, or the use of excretory functions in the context of a sexual
relationship, and any of the following sexually-oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals
in the state of sexual stimulation, arousal or tumescence; or; (iii) Use of human or
animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or; (iv)
Fondling or touching of nude human genitals, pubic region, buttock, or female
breast(s); or, (v) Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing costumes, and who are engaged in
activities involving the flagellation, torture, fettering, binding or other physical
restraint of any such persons; or, (vi) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a human being; or, (vii) Human
excretion, urination, menstruation, vaginal or anal irrigation.
Story. That portion of a building included between the surface of any floor and the
surface of the floor next above, or if there is not a floor above, the space between
the floor and the ceiling above. A basement with more than 50 percent of its
exterior wall area located entirely below the proposed ground elevation adjoining
the basement shall not be counted as a story.
Street. A public right-of-way 30 feet or more in width which is used or usable as a
public thoroughfare. All references in this Section to measurements to or along a
street shall mean to and along the public right-of-way and not to the improved or
traveled portion of such right-of-way.
Structure. Anything built or constructed, an edifice or building of any kind, or any
piece of work composed of parts joined together in some definite manner, and
including, without limitation, towers, poles and fences except parking lots and
driveways.
Suites Hotel. A hotel in which at least 80 percent of the guest rooms are two-room
suites containing at least 400 square feet of gross floor area.
Swimming Pool. A constructed pool, used for swimming or bathing, with a water
surface area exceeding 100 square feet. The term shall also include the deck area
required by this Code and any equipment appurtenant to the pool.
Townhouse. A dwelling unit attached to other dwelling units by common walls,
side by side, extending from the foundation to the roof and without any portion of
one dwelling unit located above any portion of another dwelling unit, and with each
dwelling unit having a separate entrance from outside the building. Buildings with
distinct, separate spaces, or designed for distinct, separate spaces, for office,
commercial or industrial uses, in a manner similar to a residential townhouse
described above, shall be deemed townhouses for purposes of this Section.
Townhouse Plat. The subdivision, by recorded plat approved by duly adopted
resolution of the Council, whereby all lot lines are coterminous, or nearly so, with
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City of Edina Land Use, Platting and Zoning 850.04
the boundaries of the foundation of each building, and the area of the land lying
outside of the lots and within the subdivision is described as an outlot which is
owned by an association of owners of the lots in the townhouse plat.
Tract. One or more adjoining lots, not separated by streets, under common
ownership, located within the same zoning subdistrict, and used for an integrated
development.
Transient-Occupancy. The use of a room or rooms for sleeping, cooking or eating,
in a residential manner, for periods of less than 30 days and for a rental fee, or
other compensation, or pursuant to other arrangements with the owner, lessee or
occupant of the premises.
Yard - Front. An open, unoccupied space on the same lot as a building, which lies
between the building and the front lot line, and extends from side lot line to side lot
line.
Yard - Rear. An open, unoccupied space on the same lot as a building, which lies
between the building and the rear lot line, and extends from side lot line to side lot
line. Some accessory buildings may be placed in the rear yard.
Yard - Side. An open, unoccupied space on the same lot as a building, which lies
between the building and the side lot line, and extends from the front lot line to the
rear lot line. Some accessory buildings may be placed in the side yard.
Year. A period of 365 consecutive days.
850.04 Administration and Procedures for Variances, Rezoning, Transfer to Planned
Districts and Conditional Use Permits.
Subd. 1 Variances and Appeals.
A. Zoning Board of Appeals. There is continued a separate Zoning Board of
Appeals of the City. The Zoning Board of Appeals is the board of appeals and
adjustments created pursuant to M.S. 462.354, Subd. 2. All members of the
Commission, from time to time, shall be members, and the other members shall be
six residents of the City appointed for a term of three years by the Mayor with the
consent of a majority of the members of the Council. For hearings, the Board shall
consist, at a maximum, of any five members, but three members shall constitute a
quorum for conducting such hearings and making decisions. However, at least one
Commission member shall be in attendance at each Board meeting, and shall be
deemed to be the representative of the Commission for purposes of review and
report by the Commission as required by M.S. 462.354, Subd. 2. The Board shall
make no decision until the Commission, or a representative of it, has had reasonable
opportunity, not to exceed 60 days, to review and report to the Board concerning
the decision. All members shall serve without compensation. Members may resign
voluntarily or be removed by a majority vote of the Council or pursuant to Section
180 of this Code. That Commission member in attendance at a meeting who has the
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City of Edina Land Use, Platting and Zoning 850.04
then longest continuous service on the Commission shall be the Chair for that
meeting. The Board shall adopt such bylaws as shall be necessary or desirable for
conduct of its business. Staff services shall be provided by the Planning
Department. Board members who discontinue legal residency in the City shall be
automatically removed from office effective as of the date of such discontinuance.
Vacancies shall be filled pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the power and duty of
hearing and deciding, subject to appeal to the Council, the following matters:
1. Requests for variances from the literal provisions of this Section.
2. Appeals in which it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative officer in
the interpretation or enforcement of this Section; and
3. Requests for variances from the literal provisions of Section 1046 of this
Code.
4. Requests for modifications form the requirements of Section 815 of this
Code.
C. Petitions for Variances. The owner or owners of land to which the variance
relates may file a petition for a variance with the Planning Department. The petition
shall be made on forms provided by the Planning Department and shall be
accompanied by the fee set forth in Section 185 of this Code. The petition shall be
accompanied by plans and drawings to scale which clearly illustrate, to the
satisfaction of the Planner, the improvements to be made if the variance is granted.
The Planner may require the petitioner to submit a certificate by a registered
professional land surveyor verifying the location of all buildings, setbacks and
building coverage, and certifying other facts that in the opinion of the Planner are
necessary for evaluation of the petition.
D. Appeals of Administrative Decisions. A person who deems himself or herself
aggrieved by an alleged error in any order, requirement, decision or determination
made by an administrative officer in the interpretation and enforcement of this
Section, may appeal to the Board by filing a written appeal with the Planning
Department within 30 days after the date of such order, requirement, decision or
determination. The appeal shall fully state the order to be appealed and the relevant
facts of the matter.
E. Hearing and Decision by the Board; Notice.
1. Within 60 days after the Planner determines that a variance petition is
complete, and all required fees and information, including plans, drawings and
surveys, have been received, or within 60 days after the filing of an appeal of
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City of Edina Land Use, Platting and Zoning 850.04
an administrative decision, the Board shall conduct a public hearing and after
hearing the oral and written views of all interested persons, the Board shall
make its decision at the same meeting or at a specified future meeting.
2. Notice of variance hearings shall be mailed not less than ten days before
the date of the hearing to the person who filed the petition for variance and to
each owner of property situated wholly or partially within 200 feet of the
property to which the variance relates insofar as the names and addresses of
such owners can be reasonably determined by the Clerk from records
maintained by the Assessor.
3. A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten days before the
hearing. A notice shall also be mailed to the appellant.
4. No new notice need be given for any hearing which is continued by the
Board to a specified future date.
F. Findings For Variances. The Board shall not grant a petition for a variance
unless it finds that the strict enforcement of this Section would cause undue hardship
because of circumstances unique to the petitioner's property and that the grant of
said variance is in keeping with the spirit and intent of this Section. "Undue
hardship" means that (i) the property in question cannot be put to a reasonable use
as allowed by this Section; (ii) the plight of the petitioner is due to circumstances
unique to the petitioner's property which were not created by the petitioner; and (iii)
the variance, if granted, will not alter the essential character of the property or its
surroundings. Economic considerations alone shall not constitute an undue hardship
if reasonable use for the petitioner's property exists under the terms of this Section.
A favorable vote by the Board shall be deemed to include a favorable finding on
each of the foregoing matters even if not specifically set out in the approval
resolution or the minutes of the Board meeting.
G. Appeals from Decisions of the Board.
1. The following individuals may appeal a decision of the Board:
I
a. any petitioner for a variance;
b. any owner to whom notice of the variance hearing is required to be
mailed pursuant to this Section;
c. the appellant in the case of an appeal of an administrative decision;
d. any person who deems to be aggrieved by the Board's decision on
the appeal of an administrative decision; and
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City of Edina Land Use, Platting and Zoning 850.04
e. any administrative officer of the City.
1. An appeal from a decision of the Board shall be filed with the Clerk no
later than ten days after the decision by the Board. If not so filed, the right of
appeal shall be deemed waived, and the decision of the Board shall be final.
H. Hearing and Decision by Council. The Council shall hear and decide all appeals
from the decisions of the Board. The appeal shall be heard not later than 60 days
after the date the appeal is filed. The Council shall follow the same procedures as to
notices, hearings, findings for variances and decisions that the Board is required to
follow relative to the subject matter of the appeal pursuant to this Section. A
favorable vote by the Council shall be deemed to include a favorable finding on
each of the required findings even if not specifically set out in the approval
resolution or the minutes of the Council meeting.
1. Conditions on Variance Approvals. In granting a variance, the Board, or the
Council on appeal, may impose conditions to ensure compliance with the purpose
and intent of this Code and to protect adjacent properties.
J. Form of Action Taken and Record. The Board, or the Council on appeal, shall
maintain a record of its proceedings which shall include the minutes of its meetings
and final order concerning the variance petition or appeal of administrative
decision. If a variance is granted, the petitioner, at the petitioner's expense, shall
duly record the final order in the proper office to give constructive notice. A
verified copy of such order, with the recording data, shall be delivered to the
Planner. The Board, or the Council on appeal, may require such order to be
recorded and such verified copy to be delivered to the Planner before the variance
shall be effective.
K. Lapse of Variance By Non-User, Extension of Time.
1. If, within one year after the date of the meeting of the Board, or the
Council on appeal, at which the variance was granted, the owner or occupant
of the affected land shall not have obtained a building permit, if one is
required, and commenced the work or improvement described in such petition,
the variance shall become null and void unless a petition for extension of time
in which to commence the proposed work or improvement has been granted.
2. A petition for extension shall be in writing and filed with the Clerk within
such one year period. The petition for extension shall state facts showing a
good faith attempt to use the variance and shall state the additional time
requested to begin the proposed work or improvement. The petition shall be
presented to the Board for hearing, findings and decision in the same manner
as then required by this Section 850 for an original petition for variance. The
Board may grant an extension of the variance for up to one year upon finding
that a good faith attempt to use the variance has been made, that there is a
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City of Edina Land Use, Platting and Zoning 850.04
reasonable expectation that the variance will be used during the extension, that
speculation will thereby not be fostered, and that the facts and circumstances
under which the original variance was granted are not materially changed.
Subd. 2 Rezoning.
A. Initiation of Rezoning Process.
1. Ap etition for rezoning may be initiated by the owner of land proposed for
transfer to another district or subdistrict, the Council or the Commission.
2. A petition by an owner shall be on forms provided by the Planner, shall be
submitted with plans, data and information required by this Section, and such
other information that the Planner believes necessary for evaluation of the
petition. The petition shall be accompanied by the fee set forth in Section 185
of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at least one
sign per street frontage on the land described in the petition. The sign or signs shall
be of a design approved by the Planner, shall be 36 inches by 60 inches in size,
shall have letters at least four inches high using Helvetica medium typeface or other
letter style approved by the Planner, shall be constructed of sturdy material, shall be
neatly lettered, and shall be easily viewable from, and readable by persons on, the
adjoining street. The sign or signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
Telephone No. 927-8861"
The petition shall not be deemed filed and the Commission shall not be required to hold
any hearings on the petition until the sign has been erected as required and for at least ten
days preceding the hearing. The sign shall be kept in good repair and shall be maintained
in place until a final decision on the petition has been made by the Council, and shall be
removed by the petitioner within five days after the final decision. The failure of any
petitioner to comply fully with the provisions of this paragraph relating to the sign shall
not prevent the Commission and Council from acting on the petition nor invalidate any
rezoning granted by the Council. If the signs are not kept in good repair or removed as
required, then the signs shall be deemed a nuisance and may be abated by the City by
proceedings under M.S. 429, or any other then applicable provisions of this Code or State
Law, and the cost of abatement, including administrative expenses and attorneys' fees,
may be levied as a special assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned
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City of Edina Land Use, Platting and Zoning 850.04
Industrial District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any existing structures, easements,
water bodies, water courses and flood plains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls
and truck loading facilities; and
e. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable sections of this Code.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
3. Council Hearings and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition and Preliminary Development Plan. The hearing
shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall
be published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 500 feet of the tract to which the petition relates insofar as the
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City of Edina Land Use, Platting and Zoning 850.04
names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After hearing the oral or written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date. No new notice need be given for hearings which are continued by the
Council to a specified future date. An affirmative vote of four-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. If preliminary rezoning approval is granted, the petitioner may
prepare a Final Development Plan. In granting preliminary rezoning approval,
the Council may make modifications to the Preliminary Development Plan and
may impose conditions on its approval. The petitioner shall include the
modifications, and comply with the conditions, in the Final Development Plan,
or at another time and by other documents, as the Council may require or as
shall be appropriate.
4. Final Development Plan. The Final Development Plan shall include all
required information and data delineated on the Preliminary Development Plan
and, in addition, the following data and information:
a. exact location and elevation drawings of all existing and proposed
structures on the tract including a description of existing and proposed
exterior building materials;
b. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a general overall grading plan indicating final grades and the
direction and destination of surface drainage;
e. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements; and
f. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with this Section and other applicable
provisions of this Code.
5. Commission Review of Final Development Plan. The Final Development
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City of Edina Land Use, Platting and Zoning 850.04
Plan shall be in form and substance acceptable to the Planner. The
Commission shall review the Final Development Plan within 45 days of its
submission and shall recommend approval by the Council upon finding that the
proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the
Final Development Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Final Rezoning. Within 60 days after the
recommendation on the Final Development Plan by the Commission, the
Council shall conduct a public hearing on the Final Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Final Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council. Approval
may be made subject to modifications and conditions which, together with the
Council's modifications and conditions at the time of preliminary rezoning
approval and not done and fulfilled by the Final Development Plan, must be
fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective. Approval of the Final Development Plan shall also
constitute final rezoning of the tract included in the plans, and the publication
of the ordinance amendment effecting the zoning change shall thereby be
authorized, but no publication shall be done until any modifications and
conditions made by the Council have been met and fulfilled to the satisfaction
of the Planner.
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City of Edina Land Use, Platting and Zoning 850.04
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as final rezoning approval.
8. Filing. The approved Final Development Plan shall be filed in the Planning
Department.
9. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planning
Department prior to issuance of such permits to determine if they conform to
the provisions of this Section, the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and other
applicable provisions of this Code.
10. Changes to Approved Final Development Plan. Minor changes in the
location and placement of buildings or other improvements due to unforeseen
circumstances may be authorized by the Planner. Proposed changes to the
approved Final Development Plan affecting structural types, building
coverage, mass, intensity or height, allocation of open space and all other
changes which affect the overall design of the property shall be acted on,
reviewed and processed by the Commission and Council in the same manner
as they reviewed and processed the Final Development Plan, except that a
three-fifths favorable vote of the Council shall be required to authorize the
proposed change.
rocedure for Rezoning to Mixed Development District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
i
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any of its existing structures,
easements, water bodies, watercourses and floodplains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the general location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
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City of Edina Land Use, Platting and Zoning 850.04
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls;
e. a traffic impact analysis, and travel demand management plan for
projects proposed for rezoning to MDD-5 District or MDD-6 District
(analysis and plan shall be separate documents delivered with the
Preliminary Development Plan); and
f. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable provisions of this Code.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition and Preliminary Development Plan. The hearing
shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall
be published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 500 feet of the tract to which the petition relates insofar as the
names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor. After hearing the oral or
written views of all interested persons, the Council shall make its decision at
the same meeting or at a specified future date. No new notice need be given
for hearings which are continued by the Council to a specified future date. An
affirmative vote of four-fifths of all members of the Council shall be required
to grant preliminary approval. If preliminary rezoning approval is granted, the
petitioner may prepare an Overall Development Plan for final rezoning
approval. In granting preliminary rezoning approval, the Council may make
modifications to the Preliminary Development Plan and may impose conditions
on its approval. The petitioner shall include such modifications, and comply
with such conditions, in the Overall Development Plan, or at such other time
and by such other documents, as the Council may require or as shall be
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City of Edina Land Use, Platting and Zoning 850.04
appropriate.
4. Overall Development Plan. Multiple phase developments shall be subject
to Overall Development Plan review and action and also to Final Site Plan
review and action in separate proceedings as provided. Single phase
developments shall be subject to Overall Development Plan and Final Site Plan
review and action in one proceeding. All information required in Overall
Development Plan review and action and for Final Site Plan review and action
shall be included and provided with action for Overall Development Plan
review. The Overall Development Plan shall include all required information
and data delineated on the Preliminary Development Plan and, in addition, the
following data and information:
a. a site plan illustrating the approximate location and maximum
height of all existing and proposed structures on the tract;
b. the schematic design features of all proposed streets, driveways,
vehicular entrances and exits, driveway intersections with streets,
parking areas, maneuvering areas and sidewalks;
I
c. a landscape concept plan;
d. a general overall grading plan indicating grades and the direction
and destination of surface drainage;
e. location of all existing, and the schematic design of all proposed,
watermains, sanitary sewers, drainage facilities and storm sewers;
f. a phasing plan identifying the public and private elements and
components of each phase and approximate timing of each phase; and
g. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with the requirements of this Section and
other applicable provisions of this Code.
5. Commission Review of Overall Development Plan. Within 45 days after
submission of the Overall Development Plan in form and substance acceptable
to the Planner, the Commission shall review the Overall Development Plan
and shall recommend approval by the Council upon finding that the proposed
development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and containing the conditions imposed by
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City of Edina Land Use, Platting and Zoning 850.04
the Council to the extent such conditions can be complied with by the
Overall Development Plan;
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
The Commission's recommendation of approval shall be deemed to include a
favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Overall Rezoning. Within 60 days after the
recommendation on the Overall Development Plan by the Commission, the
Council shall conduct a public hearing on the Overall Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Overall Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council. Approval
may be made subject to modifications and conditions which, together with the
Council's modifications and conditions at the time of preliminary rezoning
approval and not done and fulfilled by the Overall Development Plan, must be
fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective.
Approval of the Overall Development Plan shall also constitute final rezoning
of the tract included in the plans. The publication of the amendment effecting
the zoning change shall thereby be authorized, but no final rezoning or
publication shall be effective or done until the modifications and conditions, if
any, made by the Council have been met and fulfilled to the satisfaction of the
Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as Final Site Plan approval or Overall Rezoning
approval.
8. Filing. The approved Overall Development Plan and approved Final Site
Plan shall be filed in the Planning Department.
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City of Edina Land Use, Platting and Zoning 850.04
9. Final Site Plan Approval. Multiple phase developments shall be subject to
Final Site Plan review and action by the Commission and Council in the same
manner as they review and act on the Overall Development Plan, except that a
three-fifths favorable vote of the Council shall be required for approval. Single
phase developments shall include all information required for Final Site Plan
approval at the time of Overall Development Plan review. Overall
Development Plan approval shall also constitute Final Site Plan approval.
Final Site Plan approval shall include all required information and data
delineated on the Overall Development Plan and, in addition, the following
data and information:
a. the exact location and elevation drawings of all existing and
proposed structures in the proposed phase including a description of
existing and proposed exterior building materials;
b. a landscape plan and schedule in accordance with Subsection
850.10;
c. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
d. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements;
e. any other information necessary, in the opinion of the Planner, to
evaluate the plans and ensure compliance with requirements of this
Section and other applicable sections of this Code; and
I
f. demonstrate that the Final Site Plan shall be consistent with the
Overall Development Plan as approved and modified by the Council
and containing the conditions imposed by the Council to the extent
such conditions can be complied with by the Final Site Plans.
10. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planner prior to
issuance of such permits to determine if they conform to the provisions of this
Section, the approved Final Site Plan, as modified by, and with the conditions
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City of Edina Land Use, Platting and Zoning 850.04
made by, the Council, and other applicable sections of this Code.
11. Changes to Approved Overall Development Plan and Final Site Plan.
Minor changes in the location and placement of buildings or other
improvements due to unforeseen circumstances may be authorized by the
Planner. Proposed changes to the approved Overall Development Plan or Final
Site Plan affecting structural types, building location, building coverage, mass
intensity or height, allocation of open space and all other changes which affect
the overall design of the property shall be acted on, reviewed and processed by
the Commission and Council in the same manner as they reviewed and
processed the Final Site Plan.
E. Procedure for Rezoning to Single Dwelling Unit District, Double Dwelling Unit
District and Automobile Parking District.
1. Commission Review. Within 45 days after receipt by the Planner of the
petition, in form and substance acceptable to the Planner, and required fee, the
Planner will review the petition and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
2. Council Hearing and Decision; Preliminary Rezoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition. The hearing shall be held not later than 60 days
after the date of the recommendation by the Commission. A notice of the date,
time, place and purpose of the hearing shall be published in the official
newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of
the tract to which the petition relates, insofar as the names and addresses of
such owners can reasonably be determined by the Clerk from records
maintained by the Assessor. After hearing the oral and written views of all
interested persons, the Council shall make its decision at the same meeting or
at a specified future date. No new notice need be given for hearings which are
continued to a specified future date. An affirmative vote of four-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. In granting preliminary rezoning approval, the Council may make
modifications to, and impose conditions on, the proposed rezoning.
3. Final Rezoning Approval. Upon request of the Planner, Manager or
petitioner, after preliminary rezoning approval has been granted and after the
modifications and conditions made and imposed by the Council have been met
and fulfilled to the satisfaction of the Planner, the Council shall place the
petition on its agenda and shall consider final rezoning approval. Affirmative
vote of four-fifths of all members of the Council shall be required to grant
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City of Edina Land Use, Platting and Zoning 850.04
final rezoning approval. Final rezoning approval shall include authorization to
publish the amendment effecting the zoning change. Approval may be made
subject to modifications and conditions which must be fulfilled and met, to the
satisfaction of the Planner, before the final approval becomes effective and
before the amendment is published.
F. One Year Limitation on Preliminary Rezoning Approval. Any petition which
has not been granted final rezoning approval by the Council within one year after
the date it received preliminary approval, shall be deemed rejected by the Council
and the petition must again be filed, processed and approved pursuant to this
Section as if it were a new petition.
G. Restriction on Rezoning After Denial of Petition. After the Council has denied a
petition for rezoning, the owner of the tract to which the petition related may not
file a new petition for a period of one year following the date of such denial for
transferring the same tract, or any part, to the same district or subdistrict (if the
district has been divided into subdistricts) to which such transfer was previously
denied. Provided, however, that such petition may be filed if so directed by the
Council on a three-fifths favorable vote of all members of the Council after
presentation to the Council of evidence of a change of facts or circumstances
affecting the tract.
H. Lapse of Rezoning by Non-User. If a building permit (if one is required) has not
been obtained, and if the erection or alteration of a building, as described in the
petition, has not begun, within two years after final rezoning approval of the tract
by the Council, then the Commission, at any time and until the building permit is
obtained and the erection or alteration begun, may review the zoning classification
of the tract to determine if it continues to conform with the Comprehensive Plan.
Based upon the review, the Commission may recommend to the Council that the
final rezoning approval of the tract as previously granted be rescinded and become
null and void, or that the tract be transferred to a different zoning district. The
recommendation of the Commission shall be presented to the Council for hearing
and decision, and notice shall be given in the same manner as is then required for an
original petition for rezoning as provided by this Section. The Council may accept
or reject the recommendation of the Commission and rescind the previously granted
final rezoning approval, transfer the tract to a different zoning district, or reaffirm
the final rezoning approval previously granted.
Subd. 3 Transfer to Planned Districts.
A. Improved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
improved with a building or buildings, shall not be required to comply with the
provisions of Subsection 850.04 relative to a transfer of that lot to the planned
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City of Edina Land Use, Platting and Zoning 850.04
district; provided that:
1. No new buildings shall be constructed on the lot which result in an
increase in gross floor area of all buildings on the lot by more than ten
percent;
2. No building existing on the lot as of March 7, 1984, shall be added to or
enlarged in gross floor area by more than ten percent;
3. No dwelling units shall be added; and
4. No such existing building, if damaged or destroyed by fire, wind,
earthquake, explosion or other casualty, shall be restored or repaired if the
cost of restoration or repair exceeds one-half of the fair market value of the
entire building on the date immediately prior to the date of such casualty (as
such cost and fair market value are determined by the Assessor, or other
person selected by the Manager); unless, in each case of 1., 2., 3., and 4.
above, the then owner or owners of the lot shall comply with and complete the
process for Final Development Plan approval established by Subparagraphs 4
through 10 of paragraph C. of Subd. 2 of this Subsection 850.04 and shall
conform to and comply with all other provisions of this Section; provided that
only three-fifths favorable vote of the Council shall be required to grant Final
Development Plan approval. The requirements of this paragraph are in
addition to those in Subd. 20 of Subsection 850.07 relating to non-conforming
uses, buildings and lots.
B. Unimproved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
not improved with a building or buildings shall be required, notwithstanding the
transfer to such district by this Section, in connection with any improvement of the
lot, to comply with and complete the process for Final Development Plan approval
established by subparagraphs 4 through 10 of paragraph C. of Subd. 2 of this
Subsection 850.04, and shall conform to and comply with all other provisions of
this Section, provided that only three-fifths favorable vote of the Council shall be
required to grant Final Development Plan approval.
Subd. 4 Conditional Use Permits.
A. Initiation of Conditional Use Permit.
An application for a conditional use permit may be initiated by the owner or
owners of the lot or building in question.
1. The application shall be on forms provided by the Planner and shall be
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City of Edina Land Use, Platting and Zoning 850.04
submitted with required plans, data and information, and such other
information as, in the opinion of the Planner, is necessary for evaluation of the
application. The application shall be accompanied by the fee set forth in
Section 185 of this Code.
B. Sign. All provisions and requirements in this Subsection relating to erection of a
sign in connection with a rezoning of property shall apply to the applicant for a
conditional use permit, and the applicant shall comply with all such provisions and
requirements, except that the sign shall state that a conditional use permit is
proposed for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or accessory
use that requires the construction of a new building or accessory use facilities,
or additions or enlargements to an existing building or accessory use facilities,
the application shall be drawn to a scale acceptable to the Planner, and be
accompanied by plans containing the following data and information:
a. elevation drawings of all new buildings or accessory use facilities,
or additions and enlargements to existing buildings or accessory use
facilities, including a description of existing and proposed exterior
building materials;
b. the location, dimensions and other pertinent information as to all
proposed and existing buildings, structures and other improvements,
streets, alleys, driveways, parking areas, loading areas and sidewalks;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a floor plan showing the location, arrangement and floor area of
existing and proposed uses; and
e. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
2. If the conditional use permit is requested to allow a principal or accessory
use that does not require construction of a new building or accessory use
facilities, or additions or enlargements to an existing building or accessory use
facilities, the application shall be accompanied by plans showing:
a. the location, arrangement and floor area of existing and proposed
uses;
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City of Edina Land Use, Platting and Zoning 850.04
b. the location, dimensions and other pertinent information as to all
buildings, structures, streets, alleys, driveways, parking areas, loading
areas, sidewalks and landscaping; and
c. any other information required, in the opinion of the Planner, to
evaluate the application, determine consistency, with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
D. Commission Review and Recommendation. Within 45 days after receipt by the
Planner of the application, fee and all other information required, in form and
substance acceptable to the Planner, the Planner shall review the application and
other information provided by the applicant and forward a report to the
Commission. The Commission shall review the report of the Planner and send its
recommendation to the Council.
E. City Council Hearing and Decision. Upon request of the Planner, Manager or
applicant, and after review and recommendation by the Commission, the Council
shall conduct a public hearing regarding the application. The hearing shall be held
not later than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of the
tract to which the application relates insofar as the names and addresses of such
owners can reasonably be determined by the Clerk from records maintained by the
Assessor. After hearing the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future date. No
new notice need be given for hearings which are continued to a specified future
date. The Council shall not grant a conditional use permit unless it finds that the
establishment, maintenance and operation of the use:
1. Will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals and general
welfare;
2. Will not cause undue traffic hazards, congestion or parking shortages;
3. Will not be injurious to the use and enjoyment, or decrease the value, of
other property in the vicinity, and will not be a nuisance;
4. Will not impede the normal and orderly development and improvement of
other property in the vicinity;
5. Will not create an excessive burden on parks, streets and other public
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City of Edina Land Use, Platting and Zoning 850.04
facilities;
6. Conforms to the applicable restrictions and special conditions of the district
in which it is located as imposed by this Section; and
7. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of all
members of the Council. A favorable vote by the Council shall be deemed to
include a favorable finding on each of the foregoing matters even if not specifically
set out in the approval resolution or the minutes of the Council meeting.
F. Conditions and Restrictions. The Commission may recommend that the Council
impose, and the Council with or without such recommendation may impose,
conditions and restrictions upon the establishment, location, construction,
maintenance, operation or duration of the use as deemed necessary for the
protection of the public interest and adjacent properties, to ensure compliance with
the requirements of this Section and other applicable provisions of this Code, and
to ensure consistency with the Comprehensive Plan. The Council may require such
evidence and guarantees as it may deem necessary to secure compliance with any
conditions imposed. No use shall be established or maintained, and no building or
other permit for establishing or maintaining such use shall be granted, until the
applicant has met and fulfilled all conditions imposed by the Council to the
satisfaction of the Planner.
G. Expansions of Conditional Uses. No use allowed by conditional use permit, or
any building or structure accessory thereto, shall be increased in gross floor area or
height, nor shall any off-street parking facilities accessory to the building or
structure be enlarged in surface area to accommodate additional automobiles,
without first obtaining, in each instance, a conditional use permit.
H. Restriction on Resubmission After Denial. No application for a conditional use
permit which has been denied by the Council shall be resubmitted for a period of
one year following the date of the denial by the Council. Provided, however, that
the application may be resubmitted if so directed by the Council on a three-fifths
favorable vote of all members of the Council after presentation to the Council of
evidence of a change of facts or circumstances affecting the proposed use or tract on
which it is to be located.
1. Lapse of Conditional Use Permit by Non-User, Extension of Time.
1. If no use allowed by the conditional use permit has begun within two years
from the granting of the conditional use permit, the conditional use permit
shall become null and void unless a petition for extension of time has been
granted.
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City of Edina Land Use, Platting and Zoning 850.04
2. A petition for extension shall be in writing and filed with the Clerk within
two years from the granting of the conditional use permit. The petition for
extension shall state facts showing a good faith attempt to use the conditional
use permit and shall state the additional time requested to begin the use. The
petition shall be presented to the Council for hearing and decision in the same
manner as then required for an original application. The Council may grant an
extension of the conditional use permit for up to one year upon finding that:
a. a good faith attempt to use the conditional use permit has been
made,
b. there is a reasonable expectation that the conditional use permit
will be used during the extension, and
c. the facts which were the basis for the findings under which the
original conditional use permit was granted have not materially
changed. No more than one extension shall be granted. For purposes
of this paragraph, a use shall be deemed begun when all work
described in the original application, or information provided, has
been completed and has received final City approvals and the use is
operating for the purposes described in the original application.
J. Filing of Conditional Use Permit. If a conditional use permit is granted, the
applicant, at the applicant's expense, shall duly file or record the permit in the
proper office to give constructive notice of it. A verified copy of the permit, with
the recording data on it, shall be delivered to the Planner. The Council may require
that the permit be so recorded or filed, and the verified copy delivered to the
Planner, before the permit shall become effective.
Subd. 5 Temporary Conditional Use Permits.
A. Purpose. The purpose of temporary conditional use permits is to allow disabled
residents of dwelling units to conduct and operate permitted customary home
occupations in their residence by means of such variances from the conditions
otherwise imposed by this Section on such occupation as the Council deems
necessary and appropriate to allow such persons to properly conduct and operate
such occupation from their residence. The Council hereby finds and determines that
it is in the best interests of the City and its citizens to provide a process and means
by which disabled persons can carry on home occupations from their residence and
thereby become or remain productive and gainfully employed, and that the granting
of conditional use permits pursuant to this Subdivision will promote the public
health, safety, morals and general welfare of the City, and its citizens. However,
disabled residents who do not need variances from conditions imposed by this
Section on customary home occupations need not, and are not required to, obtain a
conditional use permit pursuant to this Subdivision.
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City of Edina Land Use, Platting and Zoning 850.04
B. Conditional Use Provisions Apply. All the provisions of paragraphs D. and H.
of Subd. 4 of this Subsection 850.04 relative to the issuance of conditional use
permits shall apply to temporary conditional use permits issued pursuant to this
Subdivision, except as specifically changed by this Subdivision.
C. Application and Notice.
1. An application for a temporary conditional use permit may be initiated by
the occupant of the residence from which the home occupation is to be
conducted, whether such occupant is an owner or a lessee of the residence.
The application shall be accompanied by the fee set forth in Section 185 of this
Code.
2. The application for a temporary conditional use permit shall also be
accompanied by the following additional information:
a. a letter (which shall be dated not earlier than 30 days prior to the
date of the application) from the applicant's attending physician (who
shall be duly licensed to practice medicine in Minnesota) certifying
that the applicant is physically unable to be employed full-time outside
of the applicant's residence;
b. the specific home occupation proposed by the applicant, including
the expected number of weekly automobile trips to the dwelling unit
by individuals other than the residents of the home expected to be
generated by the home occupation, the number of hours per day and
the number of days per week the home occupation will operate;
c. any proposed interior or exterior alterations to the dwelling unit
necessary due to the proposed home occupation; and
d. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
3. The erection of a sign shall not be required in connection with the
application for a temporary conditional use permit.
4. Notice of hearing before the Council shall be published and mailed as
provided in paragraph E. of Subd. 4 of this Subsection 850.04 except that
mailed notice shall be given only to owners of property situated wholly or
partly within 350 feet of the property to which the application relates.
D. Conditions and Findings.
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City of Edina Land Use, Platting and Zoning 850.04
1. In order to grant a temporary conditional use permit, the Council must
make the same findings as set forth in paragraph E. of Subd.4 of this
Subsection 850.04.
2. In order to grant a temporary conditional use permit, the Council must also
find that the proposed home occupation complies with the conditions of
paragraph A. of Subd. 4 of Subsection 850.07, provided, however, that:
a. the Council may grant a variance of any condition in paragraph A.
of Subd. 4 of Subsection 850.07, if deemed necessary by the Council
to permit the applicant to properly operate and conduct the proposed
home occupation and if the Council finds that such use will not negate
or violate any of the findings to be made pursuant to paragraph E. of
Subd. 4 of this Subsection 850.04; and
b. the maximum number of automobile trips to the dwelling unit of
the applicant by individuals other than its residents generated as a
result of such home occupation may be increased by the Council from
ten per week to a maximum of twenty per week in connection with the
granting of the permit.
3. Any permit granted pursuant to this Subdivision 850.04 shall remain in
effect, if not earlier terminated under other provisions of this Section, only so
long as the following conditions are observed and complied with:
a. that the applicant occupy the dwelling unit described in the permit,
and then only so long as such applicant is physically unable to be
employed full time outside of the applicant's residence;
b. that the findings made by the Council as set forth in paragraph E.
of Subd. 4 of this Subsection 850.04 continue without change or
violation; and
c. that the conditions of paragraph A. of Subd. 4 of Subsection
850.07, as varied by variances granted by the Council, are not
violated.
E. Duration and Review of Permits.
1. Each permit issued pursuant to this Subdivision shall remain in effect only
so long as the conditions set out in subparagraph 3. of paragraph D. of this
Subd. 5 are observed and not violated.
2. The Council shall review each permit issued pursuant to this Subd. 5 on
the first anniversary of the effective date of the permit and on each second
anniversary (i.e., every other year) of the effective date of the permit to
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City of Edina Land Use, Platting and Zoning 850.04
determine if any of the conditions are not being observed, or are being
violated. Such review shall be made at a public hearing, notice of which shall
be published and mailed in the same manner as notice would then be given
under this Section for a then new conditional use permit. All persons may be
heard, and the Council shall receive such evidence and information as it deems
necessary or desirable, orally and in writing, at the hearing and continuations
of the hearing. If, at the hearing, or a continuation thereof, the Council
concludes, by resolution, that one or more of the conditions set out in
Subparagraph 3. of paragraph D. of this Subdivision are not being observed or
are being violated, then the Council may direct the Manager to institute
proceedings to revoke the permit as provided in Subd. 9 of this Subsection
850.04. The foregoing provisions shall not prevent the City from exercising
any remedies for violations of any conditions applicable to any conditional use
permit whenever they occur.
F. All Districts. Customary home occupations conducted pursuant to temporary
conditional use permits issued under this Subd. 5 shall be allowed as a conditional
use in all districts in which dwelling units are allowed.
Subd. 6 Fees and Charges.
A. Petitions and Applications. Each petition or application filed with or submitted
to the City pursuant to this Section shall not be deemed filed or submitted, and the
City shall have no duty to process it, to act on it or respond to it, unless and until
there is paid to the City the applicable fee for such petition or application, as then
required by Section 185 of this Code. This paragraph shall not apply to petitions or
applications filed or submitted by the Council, the Commission or any City official
in its official capacity.
B. Administrative Expenses and Attorneys' Fees. Each petitioner and applicant, by
filing or submitting a petition or application, shall have agreed to pay all
administrative expenses and attorneys' fees, with interest and costs as provided,
incurred by the City in connection with or as a result of reviewing and acting on
such petition or application. If more than one person signs a petition or application,
all such signers shall be jointly and severally liable for such expenses and fees, with
interest and costs as provided. The expenses and fees to be paid to the City
pursuant to this paragraph shall be payable upon demand made by the City, and if
not paid within five days after such demand, shall bear interest from the date of
demand until paid at a rate equal to the lesser of the highest interest rate allowed by
law or two percentage points in excess of the reference rate. The petitioners and
applicants shall also pay all costs, including attorneys' fees, incurred by the City in
collecting the expenses, fees and interest, with interest on the costs of collection
from the dates incurred until paid, at the same interest rate as is payable on the
expenses and fees. For purposes of this paragraph, reference rate shall mean the
rate publicly announced from time to time by First Edina National Bank, or any
successor, as its reference rate, and if the bank, or its successor, ceases publicly
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City of Edina Land Use, Platting and Zoning 850.04
announcing its reference rate, reference rate shall mean the interest rate charged
from time to time by the bank on 90-day unsecured business loans to its most credit-
worthy customers.
Subd. 7 Mailed Notice. Whenever this Section requires or permits mailed notice to
property owners, the failure to give mailed notice, or defects in the notice, shall not
invalidate the proceedings, provided a good faith attempt to comply with the applicable
notice requirements was made. Any appropriate records may be used by the person
responsible for mailing the notice to determine names and addresses of owners.
Subd. 8 Evidence of Ownership. If, in connection with any petition or application, the
Planner requests evidence of ownership of the property to which the petition or application
relates, the petitioner or applicant shall obtain, at the petitioner's or applicant's expense,
and deliver to the Planner, a title opinion from an attorney acceptable to the Planner, or
other evidence of such ownership acceptable to the Planner, in each case addressed to the
City. Also, if so requested by the Planner, the petitioner or applicant shall obtain a written
consent to the petition or application by all owners of such property as shown by the title
opinion or other evidence of ownership and, if the request is made, the City shall have no
duty to process, or to act on or respond to, such petition or application until such consents
are delivered to the Planner.
Subd. 9 Violation, Penalty, Remedies.
A. Misdemeanor. Any owner or lessee of an entire building or property in or upon
which a violation has been committed or shall exist, or any owner or lessee of that
part of the building or property in or upon which a violation has been committed or
shall exist, shall be guilty of a misdemeanor and subject to the penalties and
remedies provided in Subsection 100.09 of this Code.
B. Civil Penalty. Any such person who, after being served with an order to remove
any such violation, shall fail to comply with the order within ten days after being
served, or shall continue to violate any provision of the regulations made under
authority of this Section in the respect named in such order, shall also be subject to
a civil penalty of not to exceed $500.
C. Violation of Conditions in Conditional Use Permits. If any person violates any
condition or restriction imposed by the Council in connection with the grant or
issuance of a conditional use permit, the City, in addition to other remedies
available to it as provided in this Subdivision, may revoke the permit and all rights
attributable to such permit. Revocation shall be done in the following manner:
1. The Manager or Planner shall notify the owner and occupant of the
property to which such permit exists insofar as the names and addresses of
such owner and occupant can reasonably be determined by the Clerk from
records maintained by the Assessor, of the violation and request removal
within a stated period, but not less than five days.
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City of Edina Land Use, Platting and Zoning 850.06
2. If the violation is not removed within the stated period, the Manager or
Planner shall submit a report on the matter to the Council and request a
hearing.
3. The Council, upon receipt of the report, shall set a hearing date, and notice
shall be given to the owner and occupant at least ten days prior to the hearing.
4. After receiving the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date.
5. If the hearing is continued to a specified future date, no new notice need be
given. If such permit is revoked by the Council, all use, activity and rights
allowed by and attributable to such permit shall immediately cease.
850.05 Districts. For the purposes of this Section, the City shall be divided into the following
zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District (PRD and PSR)
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
850.06 District Boundaries. The boundaries of all such districts except the Floodplain Overlay
District, shall be as shown in the official Zoning Map entitled "Official Zoning Map", a
composite copy of, which reduced in size, is appended to this Code. The Official Zoning Map,
with all explanatory information, is adopted by reference and declared to be a part of this Code.
The boundaries shown on the Official Zoning Map may be changed by amendment to this Section.
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City of Edina Land Use, Platting and Zoning 850.07
The Official Zoning Map shall be on file in the office of the Planning Department and shall be
open to public inspection during normal business hours of the City. The boundaries of the
Floodplain Overlay District shall be as shown on the Official Floodplain Zoning Map described
and identified in Subsection 850.21, as such map is to be interpreted and used as provided in
Subsection 850.21.
850.07 General Requirements Applicable to all Districts Except as Otherwise Stated.
Subd. 1 General. No building or structure shall be erected, constructed or placed on
any property in the City, and no building or structure or property in the City shall be used
for any purpose, unless in full compliance with the restrictions and requirements of this
Section and other applicable provisions of this Code.
Subd. 2 Storage of Refuse.
A. All Properties Except Single Dwelling Unit and Double Dwelling Unit
Buildings. All refuse, as defined in Section 705 of this Code, or similar material
shall be kept within closed containers designed for such purpose. The containers
shall not be located in the front yard and shall be completely screened from view
from all lot lines and streets.
B. All Non-Residential Properties Within the 50th and France Commercial District.
No non-residential building within the 50th and France Planned Commercial
District shall be (i) added to or enlarged in any manner; or (ii) subjected to an
alteration whereby the use of any portion of a building is converted to a restaurant
without first providing sufficient areas for the storage of refuse and servicing of
refuse containers. Areas for the storage of refuse and servicing of refuse containers
which existed as of the effective date of this Code shall not be eliminated or reduced
in size.
C. Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as
defined in Section 705 of this Code, or similar materials shall be kept within closed
containers designed for such purpose. Such containers shall not be located in the
front yard and shall not be visible from the front lot line except as allowed by
Section 705 of this Code.
Subd. 3 Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings,
Trailers and Recreational Vehicles. No accessory building, temporary building, trailer
or recreational vehicle in any district shall be used in whole or in part for a dwelling unit
or units, except for accessory buildings which are specifically allowed for residential use
by this Section.
Subd. 4 Customary Home Occupations as an Accessory Use.
A. Customary home occupations which are permitted as an accessory use by this
Section shall comply with the following conditions:
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City of Edina Land Use, Platting and Zoning 850.07
1. Only the residents of the dwelling unit shall be employed on the lot or
within the dwelling unit.
2. No exterior structural modifications shall be made to change the residential
character and appearance of the lot or any buildings or structures on the lot.
3. No loading, unloading, outdoor storage of equipment or materials, or other
outdoor activities, except parking of automobiles shall occur.
4. No signs of any kind shall be used to identify the use.
5. All parking demands generated by the use shall be accommodated within
the accessory garage and the normal driveway area and shall not at any one
time occupy more than two parking spaces in parking areas required for
multiple residential buildings.
6. No more than ten automobile trips weekly by individuals other than the
residents of the dwelling unit shall be generated to the dwelling unit as a result
of the use.
7. No sale of products or merchandise shall occur on the lot or within any
structures or buildings on the lot.
B. Permitted customary home occupations include the following and similar
occupations if, and only during such times as, they comply with all of the conditions
of paragraph A. of this Subd. 4:
1. Dressmakers, tailors and seamstresses.
2. In single dwelling unit and double dwelling unit buildings only, music and
dance teachers providing instruction to not more than five individuals at a
time.
3. Artists, sculptors and authors.
4. Insurance agents, brokers, architects and similar professionals who
typically conduct client meetings outside of the dwelling unit.
5. Ministers, rabbis and priests.
6. Photographers providing service to one customer at a time.
7. Salespersons, provided that no stock in trade is maintained on the lot or in
the building or structure on the lot.
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City of Edina Land Use, Platting and Zoning 850.07
8. In single dwelling unit and double dwelling unit buildings only, rental of
rooms for residential occupancy to not more than two persons per dwelling
unit in addition to the permanent residents of the dwelling unit.
C. The following uses have a tendency to increase in size or intensity beyond the
conditions imposed by this Subd. 4 for home occupations and thereby adversely
affect residential properties. Therefore, the following shall specifically not be
permitted as customary home occupations:
1. Barber shops and beauty parlors.
2. Repair services of all kinds, including, without limitation, auto repair and
painting, appliance repair and small engine repair.
3. Music, dance or exercise instruction which provides instruction to groups
of more than five individuals at a time.
4. Medical and dental offices.
5. Upholstering.
6. Mortuaries.
7. Commercial kennels as defined by Subsection 300.01 of the City Code
8. Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies.
9. Commercial food preparation or catering.
10. Automobile and equipment sales.
11. Landscaping and lawn maintenance service where landscaping materials
and equipment are stored or parked on the premises.
D. Permitted customary home occupations by residents who are physically unable
to be employed full time outside their residence may be allowed as a temporary
conditional use, with variances from the conditions of paragraph A. of Subd. 4 of
this Subsection 850.07, pursuant to the provisions of Subd. 5 of Subsection 850.04.
Subd. 5 Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District and
R-2 District shall conform to the following:
A. Fences exceeding four feet in height shall not be erected within a required front
street setback or side street setback, pursuant to the provisions of paragraph 2. of
Subd. 7 of Subsection 850.11.
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City of Edina Land Use, Platting and Zoning 850.07
B. No fence shall exceed eight feet in height.
C. Fences shall be installed with the finished side facing neighboring properties.
D. No fence shall be installed so as to obstruct a required clear view at street
intersections as required by Section 1405 of this Code.
Subd. 6 Exceptions to Setback Requirements. The following shall not be considered
as encroachments into required setbacks:
A. Overhanging eaves not supported by posts or pillars, and bay windows not
extending to the floor, which do not project more than three feet into the required
setback and which are not within three feet of a lot line.
B. Sidewalks and driveways, but not patios.
C. Fences which do not exceed the height limitations imposed by this Subsection
850.07.
D. Awnings and canopies attached to the principal building and not supported by
posts or pillars, which do not project more than three feet into the required setback
and which are not within three feet of a lot line.
E. Flagpoles, light poles and fixtures.
F. Clotheslines and outdoor fireplaces in the rear yard only.
G. Bus shelters which have been approved by the Engineer.
H. Unenclosed steps or stoops not exceeding 50 square feet in area.
I. Fireplaces projecting not more than two feet into the required setback and not
exceeding ten square feet in horizontal area.
J. Underground storage tanks, conduits and utilities.
K. Portions of principal and accessory buildings or structures which are located
completely underground, which are not visible from the surface of the ground and
which do not encroach more than one-half of the distance into that part of the
required setback nearest the principal or accessory building.
L. Trees, shrubs and other vegetation.
M. Retaining walls.
N. Freestanding basketball posts, backboards and goals adjacent to a driveway.
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City of Edina Land Use, Platting and Zoning 850.07
Subd. 7 Drainage. Surface water runoff shall be properly channeled into storm sewers,
watercourses, ponding areas or other public facilities. All provisions for drainage,
including storm sewers, sheet drainage and swales, shall be reviewed and approved by the
Engineer prior to construction or installation.
Subd. 8 Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building containing three
or more dwelling units shall not be issued unless the applicant's building plans, including
the site plan, are certified by an architect registered in the State. The certification shall
state that the design of the building and site has been prepared under the direct supervision
of the architect.
Subd. 9 Building Coverage Computations; Exclusions and Inclusions.
A. The following structures and improvements shall be excluded when computing
building coverage:
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
3. Accessory recreational facilities not enclosed by solid walls and not
covered by a roof, including outdoor swimming pools, tennis courts and
shuffleboard courts; but facilities which are constructed above grade, such as
paddle tennis courts, shall be included when computing building coverage.
4. Unenclosed and uncovered steps and stoops less than 50 square feet.
5. Overhanging eaves and roof projections not supported by posts or pillars.
B. Building coverage computations, however, shall include all other principal or
accessory buildings, including, but not limited to:
1. Decks and patios subject to allowances provided by this Section.
2. Gazebos.
3. Balconies.
4. Breezeways.
5. Porches.
6. Accessory recreational facilities constructed above grade, such as paddle
tennis courts.
Subd. 10 Lighting. All exterior lighting and illuminating devices shall be provided with
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City of Edina Land Use, Platting and Zoning 850.07
lenses, reflectors or shades so as to concentrate illumination on the property of the owner
or operator of the lighting or illuminating devices. Rays of light or illumination shall not
pass beyond the property lines of the premises utilizing the lights or illumination at an
intensity greater than three foot-candles measured at property lines abutting property zoned
residential and ten foot-candles measured at property lines abutting streets or property
zoned non-residential. No light source, lamp or luminaire shall be directed beyond the
boundaries of the lighted or illuminated premises.
Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage
on at least one street other than alleys or limited access roadways to which private access
is prohibited. Private easements shall not be considered as frontage for purposes of this
Subdivision. Notwithstanding the requirements of this subdivision, lots in a townhouse
plat need not front on a street provided that the townhouse plat of which the lot is a part
has at least 30 feet of frontage on at least one street.
Subd. 12 Certain Sales Prohibited.
A. Except as provided in Section 1310 of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B. No property used for residential purposes shall be used for garage sales, estate
sales or others sales of personal property for more than one period of 72
consecutive hours in any calendar year. The property offered for sale shall consist
only of items owned by the owner of the premises or by friends of such owner.
None of the items offered for sale shall have been purchased for resale or received
on consignment for purposes of resale.
Subd. 13 Platting Requirement. Any land proposed to be transferred from one zoning
district to another shall be platted into lots and blocks pursuant to and in accordance with
the requirements of Section 810 of this Code in connection with, and at the time of the
transfer. Any land which has been previously platted into lots and blocks shall be likewise
replatted to provide new lots and blocks which are compatible in size, shape, location and
arrangement with the property's intended use.
Subd. 14 Drive-Through Facility Standards.
g Y
A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.
1. Financial institutions: 3 stacking spaces per bay
2. Car wash: 25 stacking spaces per bay
3. Accessory car wash: 2 stacking spaces per bay
4. All other uses: 4 stacking spaces per bay
B. Location of Stacking Space.
1. No stacking space shall encroach into any drive aisle necessary for the
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City of Edina Land Use, Platting and Zoning 850.07
circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required by
this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A. of
Subd. 14 above, if the drive-through bay is equipped with a facility for
placing an order which is separated from the location at which the product
or merchandise is received by the customer, not less than three of the
required stacking spaces shall be provided at the ordering point.
C. Minimum Size of Stacking Space. The minimum size of each stacking space
shall be nine feet wide by 18 feet deep.
D. Accessory Canopies and Mechanical Equipment. All canopies and equipment
appurtenant to a drive-through facility shall provide the same setbacks as are
required for principal buildings.
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays.
Subd. 15 District Limits. For purposes of calculating the minimum site area, floor
area ratio, building coverage, setbacks and all other requirements of this Section, a district
or subdistrict shall be deemed not to extend beyond the right-of-way lines of adjacent
streets, alleys or highways which were dedicated, conveyed or acquired prior to the
transfer of land to that district or subdistrict. Districts which are separated by public
streets or highways shall be deemed to be separate and independent districts and all
requirements and restrictions contained in this Section must be met separately and
independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary
or portable building or structure, including, without limitation, any shed, tent or
shelter, which is not permanently attached to the ground shall be placed or stored
within the required front street or side street setback for the principal building and
shall maintain an interior side yard and rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double
Dwelling Unit Lots. No temporary or portable building or structure, including,
without limitation, any shed, tent or shelter, which is not permanently attached to
the ground shall be placed or stored upon a lot except as accessory to, and during
the construction of, permanent buildings or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished products,
motor vehicles, trailers and all equipment shall be stored within a completely enclosed
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City of Edina Land Use, Platting and Zoning 850.07
building except:
A. Materials and equipment used for the construction or repair of structures may
be stored outdoors on the construction site during construction.
B. Motor vehicles, recreational vehicles and other vehicles may be parked or stored
outdoors in accordance with the Section 1046 of this Code.
C. Outdoor storage or displays may take place on lots in the Planned Commercial
District in accordance with Subd. 11 of Subsection 850.16.
Subd. 18 Setbacks from Naturally Occurring Lakes, Ponds and Streams.
Notwithstanding any other requirements of this Section or other provisions of this Code, in
cases where a portion of a lot or tract is located below the ordinary high water elevation of
a naturally occurring lake, pond or stream, the shoreline created by such an ordinary high
water elevation shall be deemed to be the rear lot line or side lot line, as the case may be,
for setback purposes. All principal and accessory structures shall maintain a minimum
setback of 50 feet from the ordinary high water elevation, except that all principal and
accessory structures shall maintain a minimum setback of 75 feet from the ordinary high
water elevation of Indianhead Lake, Arrowhead Lake, Mirror Lake and Lake Cornelia.
Subd. 19 Energy Collection System Setbacks. Facilities and equipment designed for
the collection of solar energy or wind energy shall maintain the same setbacks as are
required for principal buildings or structures and shall not be located within the front yard.
Subd. 20 Non-Conforming Uses, Buildings and Lots.
A. Non-Conforming Uses. Any non-conforming use may continue, provided that:
1. It shall not be expanded to occupy a larger portion of a building or lot,
or be extended to other buildings or lots;
2. It shall not be replaced with any other non-conforming use;
3. It shall not be resumed if it is discontinued for one year or longer; and
4. If it is ever discontinued and replaced with a conforming use, no
non-conforming use thereafter shall be made of the building or lot.
B. Non-Conforming Buildings.
1. Alterations, Additions and Enlargements.
a. a non-conforming building, other than a single dwelling unit
building, shall not be added to or enlarged, in any manner, or
subjected to an alteration involving 50 percent or more of the gross
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City of Edina Land Use, Platting and Zoning 850.07
floor area of the building, or 50 percent or more of the exterior wall
area of the building, unless such non-conforming building, including
all additions, alterations and enlargements, shall conform to all of
the restrictions of the district in which it is located. The percentage
of the gross floor area or exterior wall area subjected to an alteration
shall be the aggregate percentage for any consecutive three-year
period.
b. a non-conforming single dwelling unit building shall not be
added to or enlarged in any manner, or subjected to an alteration to
convert accessory buildings or portions thereof into living area,
unless all such additions, enlargements and alterations shall conform
to the setback and height restrictions of the district in which it is
located, and unless such non-conforming single dwelling unit
building, including all such additions, enlargements and alterations
shall conform to the building coverage restriction of the district in
which it is located.
2. Repairs, Maintenance and Remodeling. Non-conforming buildings may
be repaired, maintained and internally remodeled to an extent and in a
manner which does not violate the provisions of the preceding subparagraph
1.
3. Restoration. A non-conforming building, or a building all or
substantially all of which is used for a non-conforming use, which is
destroyed or damaged by fire, wind, earthquake, explosion or other
casualty, to the extent that the cost of restoration exceeds one-half of the
fair market value of the entire building on the date immediately prior to the
date of the casualty, shall not be restored unless the building, and the use,
shall conform to all of the restrictions of the district in which it is located. If
the cost of restoration is less than one-half of the fair market value of the
entire building on the date immediately prior to the date of the casualty,
then the building may be restored without so conforming; but if such
restoration is not begun within two years from the date of the casualty or is
not diligently prosecuted to completion, then the building shall not be
restored unless the building, and the use, conforms to all of the restrictions
of the district in which it is located. The Assessor, or other person selected
by the Manager, shall determine such cost of restoration and such fair
market value.
C. Non-Conforming Lots. A non-conforming lot in the R-1 District used or
intended for a single dwelling unit building shall be exempt from the width, depth,
area and lot width to perimeter ratio requirements of this Section, provided, that
the lot:
1. Is not less than 50 feet in width;
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City of Edina Land Use, Platting and Zoning 850.07
2. Is not less than 100 feet in depth;
3. Has at least 30 feet frontage on a street; and
4. Has not been at any time since October 22, 1951, been held in common
ownership with all or part of an adjoining or abutting lot or parcel which,
together, complied with the minimum width, depth and area and lot width
to perimeter ratio requirements imposed by this Section. If such lot and
adjoining or abutting lot or parcel has been held in such common
ownership, then the property so held in common ownership shall be subject
to the following:
a. if a non-conforming lot or parcel is, or at any time since October
22, 1951, has been, held in common ownership with all or part of an
adjoining or abutting parcel or lot which together comply with, or
come close to complying with, the minimum width, depth, area, and
lot width to perimeter ratio, requirements of this Section, then such
non-conforming lot or parcel and such adjoining or abutting parcel
or lot shall be considered as one lot and shall not be decreased in
size below such minimum requirements. If in a group of two or
more adjoining or abutting lots or parcels owned or controlled by
the same person, any single lot or parcel does not meet the full
minimum depth, width, area or lot width to perimeter ratio
requirements of this Section, such single lot or parcel shall not be
considered as a separate lot or parcel able to be conveyed and
developed under this Code.
Subd. 21 Relocation of Buildings and Structures. No building or structure shall be
moved, in whole or in part, into or within the City, unless every portion of such building
and structure, and its use, conforms to all of the restrictions of the district in which it is to
be located. The moving or relocation of a building or structure
shall be undertaken and done only in accordance with applicable provisions of Section 410
of this Code and State Law.
Subd. 22 Signs. Signs erected in accordance with Section 460 of this Code shall be a
permitted accessory use in all districts.
Subd. 23 Utility Buildings and Structures.
A. Utility Buildings and Structures Owned by the City. Utility buildings and
structures owned by the City and used for rendering service to all or any part of the
City (but excluding warehouses, maintenance buildings and storage yards) shall be
a permitted principal or accessory use in all districts.
B. Other Utility Buildings and Structures. Utility buildings and structures owned
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City of Edina Land Use, Platting and Zoning 850.08
by private utility companies or governmental units other than the City, and used for
rendering service to all or any part of the City (but excluding warehouses,
maintenance buildings and storage yards) shall be a conditional use in all districts
and shall only be constructed pursuant to a conditional use permit granted in
accordance with Subd. 4 of Subsection 850.04.
850.08 Parking and Circulation.
Subd. 1 Minimum Number of Spaces Required.
A. Single Dwelling Units, Double Dwelling Units and Residential Townhouses.
Two fully enclosed spaces per dwelling unit.
B. Apartment Buildings in the PRD District.
1. 1.25 fully enclosed spaces and 0.75 exposed spaces per dwelling unit.
2. The required number of exposed spaces may be reduced to not less than
0.5 spaces per dwelling unit if the number of enclosed spaces is increased
by a like amount so that the total number of exposed and enclosed spaces
equals not less than two per dwelling unit.
C. Senior Citizen Dwelling Unit Buildings in the PSR-4 and PSR-5 Subdistricts.
1. 0.5 exposed spaces and 0.25 enclosed spaces per senior citizen dwelling
unit.
2. In addition to subparagraph 1, the following spaces are required:
a. one completely enclosed and one exposed space for each
non-senior citizen dwelling unit located in a building in the Planned
Senior Residence District;
b. one completely enclosed space per vehicle owned by the
building's management and stored on the property; and
c. one exposed space for each employee who is not a resident of the
building.
D. Nursing, Convalescent and Rest Homes. One space for every four patients or
residents based on the maximum capacity of the building, plus one space per
employee on the major shift, plus one space per vehicle owned by the building's
management.
E. Day Care, Nurseries and Preschools (Principal Use). One space per teacher or
employee, plus one space per 20 individuals (or major fraction) receiving care.
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City of Edina Land Use, Platting and Zoning 850.08
F. Public or Private Senior High Schools and Seminaries. One space per
classroom plus one space per ten students, or spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, whichever is
greater.
G. Public or Private Elementary or Junior High Schools. Two spaces per
classroom, or spaces equal in number to one-third the maximum seating capacity of
the largest place of assembly, whichever is greater.
H. Community Centers. Spaces equal in number to one-third the maximum seating
capacity of the largest place of assembly, or one space for each 200 square feet of
gross floor area, whichever is greater.
I. Churches and Other Religious Institutions. Spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, plus spaces for
other church facilities which are used concurrently with the largest place of
assembly, the number of which shall be determined by the Council in connection
with the granting of a conditional use permit.
J. Theaters (Except Within Shopping Centers), Stadiums, Auditoriums, Arenas,
Lodge Halls, Mortuaries and Club Houses. Spaces equal in number to one-third the
maximum seating capacity, plus one space for each employee on the major shift.
K. Governmental Administration, Public Service, Post Office. The greater of:
1. One space per employee on the major shift, plus one space per
government-owned vehicle, plus ten visitor spaces; or
2. One space for each 200 square feet of gross floor area.
L. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square feet of
gross floor area.
M. Medical or Dental Offices, Clinics and Animal Hospitals. One space for each
200 square feet of gross floor area, plus one space per physician, dentist or
veterinarian. j
N. Hospitals. One space per bed, plus one space per employee or volunteer on the
major shift.
O. Athletic, Health, and Weight Reduction Facilities.
1. Six spaces per court for handball, racquetball and tennis courts.
2. 2. One space per 200 square feet of gross floor area for all other uses.
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City of Edina Land Use, Platting and Zoning 850.08
P. Restaurants (Except Within Shopping Centers). Spaces equal in number to
one-third the maximum seating capacity, plus one space for each employee on the
major shift.
Q. Car Washes. One space per employee on the major shift, plus five spaces for
each wash lane, plus stacking spaces in accordance with Subd. 14 of Subsection
850.07.
R. Accessory Car Washes. Two parking spaces, plus stacking spaces in
accordance with Subd. 14 of Subsection 850.07.
S. Gas Stations. One space per employee on the major shift, plus one space for
each 100 square feet of accessory retail uses in excess of 500 square feet exclusive
of restrooms, storage areas and mechanical equipment.
T. Automobile Service Centers. Three parking spaces per service bay, plus one
space per employee on the major shift, plus one space for each 100 square feet of
accessory retail uses in excess of 500 square feet exclusive of restrooms, storage
areas and mechanical equipment.
U. Bowling Alleys. Five spaces per lane.
V. Offices, Medical and Dental Laboratories, Business or Professional Offices,
Financial Institutions, Employment Agencies and Travel Bureaus.
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/[(0.00025 GFA) + 195]
Over 220,000 sq. ft. GFA/250
W. Mixed Development District.
1. Residential: one enclosed space, plus 0.75 exposed space, per dwelling
unit.
2. Non-Residential (excluding publicly owned facilities and uses accessory
to residential uses):
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/[(0.0005 GFA) + 190]
Over 220,000 sq. ft. GFA/300
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City of Edina Land Use, Platting and Zoning 850.08
X. Multi-Tenant Industrial Buildings. One space for each 400 square feet of gross
floor area, or the sum of the component gross floor areas as follows, whichever is
greater:
1. One space for each 200 square feet of office space.
2. One space for each 2,000 square feet of warehouse space.
3. One space for each 300 square feet of manufacturing, processing,
packaging, treatment and assembly space.
4. One space for each 500 square feet of space containing machines and
equipment for conducting scientific research, testing or experimentation.
5. One space for each 200 square feet of facilities for athletic, health and
weight reduction purposes; six spaces per court for handball, racquetball or
tennis.
Y. Automobile and Boat Sales - New or Used. One space per 250 square feet of
gross floor area, including show rooms, sales space and offices, but excluding
service areas, plus three spaces for each service bay. Required parking spaces shall
not be used for the storage or display of vehicles, boats or other products.
Z. Furniture and Major Appliance Sales.
1. Over 2,500 square feet of gross floor area: one space per 400 square
feet of gross floor area.
2. Under 2,500 square feet of gross floor area: one space per 200 square
feet of gross floor area.
AA.Hotels and Motels. One space per guest unit, plus one space for each employee
on the major shift.
BB.Uses Allowed in the Planned Commercial Districts Except Uses For Which a
Parking Quantity is Otherwise Specified.
1. Shopping Centers. One space per 200 square feet of gross floor area
(including theaters and restaurants), plus one additional space for each ten
seats in a restaurant, theater or other place of assembly. Atrium areas and
mall areas not used for retail sales purposes shall be excluded from gross
floor area calculations.
2. Other Retail. Eight spaces for the first 1,000 square feet, plus six spaces
for each 1,000 square feet of gross floor area in excess of the original
1,000, but not exceeding 15,000 square feet, plus five spaces for each 1,000
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City of Edina Land Use, Platting and Zoning 850.08
square feet in excess of 15,000 square feet.
For the purpose of determining parking requirements in places of assembly where persons
occupy benches, pews and similar seating facilities, each 22 inches of the seating facilities
shall be counted as one seat.
Subd. 2 Use of Public Parking to Meet Off-Street Parking Requirements.
A. Any principal use on property located within a redevelopment project approved
by the Council pursuant to M.S. 462, or M.S. 469.001 to 469.047 which principal
use was in existence on the date the project was approved, and which project
provides for public parking to serve the project area, may be reconstructed, or a
new principal use constructed, on the same property without providing off-street
parking additional to that provided for public parking. Provided, that the
reconstructed or new principal use does not contain more gross floor area than the
prior principal use, and is for uses which do not increase the number of required
off-street parking spaces beyond those required for the uses in the prior principal
use.
B. If any increase in the size, or changes in the uses, of such an existing principal
use is made beyond the size or for other than the uses above allowed, then
additional off-street parking spaces shall be provided, pursuant to this Section, but
only for the additional spaces resulting from the increase in size or changes in uses.
Subd. 3 Location.
A. Non-Residential Principal Uses. The required number of off-street parking
spaces shall be located on the same lot as the principal use or on an adjacent lot
under the control of the owner of the principal use. For purposes hereof, "control"
may be derived from ownership, or by a lease or easement continuing for a period
of not less than 25 years. The required parking spaces shall not be separated from
the principal use building by a street. Seventy-five percent of all required spaces
shall be located within 500 feet of the entrances to the principal use building and
100 percent shall be within 1,000 feet.
B. Residential Principal Uses. The required number of off-street parking spaces
shall be located on the same lot as is occupied by the principal use. The required
parking spaces shall not be separated from the principal use building by a street.
Subd. 4 Setbacks (Not Applicable to Single Dwelling Unit Buildings and Double
Dwelling Unit Buildings). No exposed parking spaces, required stacking spaces or drive
aisles (except that portion of the driveway crossing the public right of way to give access
to the street) shall be located within twenty feet of a public street right-of-way or within
ten feet of an interior side lot line or a rear lot line. Interior side yard and rear yard
setbacks shall be measured from the boundary of the tract. No parking space or drive aisle
shall be located within ten feet of any principal use building.
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City of Edina Land Use, Platting and Zoning 850.08
Subd. 5 Design and Construction.
A. Size.
1. Full Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 8'/z feet 18 feet 24 feet
600 9 feet 18 feet 8 feet
450 9 feet 18 feet 12 feet
2. Compact Spaces.
Space Space Drive Aisle
Angle Width Lem Width
900 7'/z feet 16 feet 24 feet
600 8 feet 16 feet 18 feet
450 8 feet 16 feet 12 feet
B. Compact Parking Spaces. Within the Planned Office District, Regional Medical
District and Planned Industrial District only, not more than 20 percent of all
required parking spaces may be compact spaces. In all other districts, no compact
spaces shall be counted as required parking. Compact spaces shall be clearly
identified by signs mounted on sign posts in order that they are visible at all times.
Signs which are painted on the pavement shall not be permitted for this purpose.
Compact parking spaces shall be located in one contiguous area to the greatest
possible extent and, where possible, limited to proposed employee parking areas. It
is the purpose and intent to limit compact parking spaces to areas used for
long-term employee parking rather than short-term visitor parking.
C. Bumper Overhangs. The minimum parking space length as required may be
decreased by 1.5 feet for full size parking spaces and 1.0 foot for compact spaces
which allow the bumper of the automobile to project beyond the terminus of the
parking space without obstructing other parking spaces or vehicle circulation areas.
D. Joint Parking Facilities in the Planned Commercial District and Mixed
Development District. Parking spaces serving two or more buildings, lots or uses
in the Planned Commercial District and the Mixed Development District may be
located in the same off-street parking area, provided that:
1. The total number of spaces furnished shall not be less than the sum of
the separate requirements for each use; and
2. All parking spaces shall comply with all requirements as to location and
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City of Edina Land Use, Platting and Zoning 850.08
control as provided by paragraph A. of Subd. 3 of Subsection 850.08.
E. Nighttime Uses. Nighttime uses, as below defined, which share parking
facilities with daytime uses may reduce their required number of parking spaces by
50 percent, provided that:
1. The total number of spaces normally required for nighttime uses is
provided within the parking area in combination with parking spaces
provided for daytime uses;
2. The total number of parking spaces normally required for nighttime use
conforms to all requirements as to location and control as provided by
paragraph A. of Subd. 3 of Subsection 850.08; and
3. In the opinion of the Planner, the peak hours of operation of the
nighttime use will not coincide with the peak hours of other uses sharing the
joint parking facility so as to cause a parking shortage.
For the purposes hereof, nighttime uses are limited to theaters; facilities for
athletic, health and weight control including handball courts, racquet courts, tennis
courts, reducing salons and aerobic dance studios; bowling alleys; and club and
lodge assembly halls. Provided, however, that uses which are located within a
shopping center or Mixed Development District shall not be deemed nighttime uses
and shall not be eligible for reduction of parking requirements due to nighttime
uses.
F. Construction. Off-street parking spaces and circulation areas shall be surfaced
and maintained with a hard, all-weather, durable and dust-free surfacing material
composed of bituminous asphalt or concrete installed over a well compacted
subgrade and gravel base. Except for residential uses in the R-1 District and R-2
District, each parking space shall be clearly delineated by lines painted on or
imbedded in the surface of the parking area.
Subd. 6 Traffic and Circulation.
A. General Requirements. Vehicular traffic shall be channeled and controlled in a
manner that will avoid congestion and traffic hazards on the lot or tract or on
adjacent streets. Traffic generated by the use shall be directed so as to avoid
excessive traffic through residential areas. No parking area, stacking area or
circulation area, except for driveway ingresses and egresses, shall be located within
a street, alley or highway.
B. Review by Engineer. The adequacy of any proposed traffic circulation system
on a lot or tract shall be subject to the review of the Engineer who may require
additional measures for traffic control to accomplish the orderly and safe
movement of traffic including, but not limited to, the following:
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City of Edina Land Use, Platting and Zoning 850.08
1. Directional signalization.
2. Channelization.
3. Turn lanes.
4. Increased street width.
5. Warning lights.
6. Stacking lanes.
7. Location, number and width of curb cuts.
C. Circulation Within Parking Areas.
1. Unobstructed access to each parking space from a drive aisle shall be
provided.
2. Traffic moving from one part of a parking area to another shall be
capable of doing so without using a street.
3. Dead end drive aisles shall not be permitted.
4. Parking spaces oriented at an angle of less than 90 degrees to the drive
aisle shall be served only by way of one-way drive aisles.
D. Driveway Design.
1. Driveway width (back of curb to back of curb):
Maximum Minimum
One-Way 20 feet 12 feet
Two-Way 30 feet 24 feet
2. Maximum driveway width at street curb: 30 feet exclusive of returns as
measured along the curb line of the street.
3. Minimum distance between driveways in all districts except R-1 and R-
2: 20 feet between ends or returns as measured along the curb line of the
street.
4. Minimum distance of driveway from street intersections: 50 feet
between ends or returns of the driveway and the returns of the intersection
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City of Edina Land Use, Platting and Zoning 850.09
as measured along the curb line of the street.
5. Minimum distance between end of the driveway return and side lot line
in all districts except R-1 and R-2: 10 feet.
6. A permit must be obtained for curb cuts pursuant to Section 1205 of this
Code.
850.09 Loading Facilities.
Subd. 1 Definition. A loading facility means and includes the dock to or from which
the transport vehicle is being loaded or unloaded, the berth for the vehicle while it is being
loaded or unloaded and the areas needed to maneuver the vehicle into or out of the berth.
Subd. 2 Location. Off-street loading facilities shall be easily accessible from
streets with a minimum of interference with other vehicle and pedestrian traffic. No
loading berths shall be located on the side of a building which faces a residential
district.
Subd. 3 Setbacks. No loading facility shall be located within the required front street
or side street setback for the principal building or within ten feet of an interior side lot line
or a rear lot line.
Subd. 4 Design.
A. Size.
1. Large Berth: Length 55 feet
Width 14 feet
Height 15 feet
2. Small Berth: Length 25 feet
Width 12 feet
Height 15 feet
B. Docks. All docks shall be located within the perimeter of the principal or
accessory building and shall be completely enclosed except for the opening needed
for access to a vehicle during the time it is standing in the berth.
C. Construction. All loading berths shall comply with the standards for the
construction of parking areas as specified in this Section.
Subd. 5 Minimum Number of Loading Berths Required.
A. Planned Industrial District (Except Office Buildings). One large berth per
50,000 square feet of gross floor area or major fraction.
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City of Edina Land Use, Platting and Zoning 850.10
B. All Office Buildings, Mixed Development District (Office Space Only) and
Regional Medical District.
Gross Floor Area (GFA) Number of Berths
0 - 20,000 sq. ft. 0 berths
20,001 - 100,000 sq. ft. 1 small berth
Over 100,000 sq. ft. 1 small berth and 1 large berth,
plus 1 additional small berth
for each 100,000 square feet GFA or
major fraction, over the
original 100,000 square feet GFA
C. Planned Commercial District (Except Office Buildings).
Gross Floor Area (GFA) Number of Berths
0 - 5,000 sq. ft 0 berths
5,001 - 20,000 sq. ft. 1 small berth
20,001 - 100,000 sq. ft. 1 small berth and 1 large berth
Over 100,000 sq. ft. 1 small berth for each additional
50,000 square feet GFA or major
fraction thereof, over the original
100,000 square feet GFA
850.10 Landscaping and Screening.
I
Subd. 1 Landscaping.
A. Application of Requirements. All properties shall comply with the requirements
of this Section except for single dwelling unit or double dwelling unit lots, public
parks, playgrounds and athletic facilities, and public and private golf courses,
except that club houses, parking areas and other structures accessory to the golf
courses shall comply.
B. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual acceptable to the Planner.
Landscape plans shall be drawn to a scale of not smaller than one inch equals 30
feet and shall include the following information:
1. Boundary lines of the property with accurate dimensions.
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City of Edina Land Use, Platting and Zoning 850.10
2. Locations of existing and proposed buildings, parking lots, roads and
other improvements.
3. Proposed grading plan with two foot contour intervals.
4. Location, approximate size and common name of existing trees and
shrubs.
5. Planting schedule containing (i) symbols; (ii) quantities; (iii) common
names and botanical names; (iv) size of plant materials, (v) root condition,
and (vi) special planting instructions.
6. Planting details illustrating proposed locations of all new plant material.
7. Locations and details of other landscape features including berms,
fences and planter boxes.
8. Details of restoration of disturbed areas including areas to be sodded or
seeded.
9. Location and details of irrigation systems.
10. Details and cross sections of all required screening.
C. Minimum Requirements. All open areas of a lot which are not used and
improved for required parking areas, drives or storage shall be landscaped with a
combination of overstory trees, understory trees, shrubs, flowers and ground cover
materials.
1. Minimum Number of Overstory Trees. The number of overstory trees
on the lot or tract shall be not less than the perimeter of the lot or tract as
measured in feet divided by 40.
2. Understory Trees and Shrubs. In addition to the required number of
overstory trees, a full complement of understory trees and shrubs shall be
provided to complete a quality landscape treatment of the site.
3. Minimum Size and Root Condition of Required Overstory Trees.
Minimum Amount of Required Trees
Building Height - Front
Tree Tyne Deciduous Coniferous Less than 24' 24' or Greater
Ornamental 2" or less 5' or less 5% 5%
Complimentary 21/2 " or greater 6' or greater 60% 25%
Accent 3'/z " or greater 8 ` or greater 20% 25%
Primary 4'/2" or greater 10' or greater 10% 20%
Full 5'/s" or greater 12' or greater 5% 20%
850-59
City of Edina Land Use, Platting and Zoning 850.10
Calculations to determine minimum number of trees are always rounded up.
Tree size, as to deciduous, is the diameter of the tree measured 6 inches above
the ground. Tree size, as to coniferous, is measured in height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species which are
classified as overstory trees by the American Nurseryman's
Association. Trees which are considered as half trees, shrubs,
understory trees or ornamental trees shall not be included in the count
of required overstory trees;
I
b. not more than 50 percent of the required number of overstory trees
shall be composed of one species;
c. no required overstory trees shall include (i) all species of the genus
Ulmus (elm); (ii) box elder; (iii) all species of the genus Populous
(poplar), or (iv) ginkgo - female only; and
d. all plant materials shall be indigenous to the hardiness zone of the
area in which the City is located.
5. Credit for Existing Trees. The total number of required new overstory
trees may be offset by the retention of existing overstory trees on the lot
provided that the trees satisfy the requirements of this Subdivision 850.10
as to size and species. The Planner shall determine the amount of the credit
for existing trees based upon their location and distribution on the lot.
6. Ground Cover. All unimproved portions of the lot or tract shall be
sodded. Provided, however:
I
a. areas reserved for future approved building expansions may be
seeded;
b. undisturbed areas containing existing viable natural vegetation
which can be maintained free of weeds may be left undisturbed; and
c. slopes steeper than 3:1 may be seeded.
D. Landscaping Inspection Fee. A landscaping inspection fee in the amount set out
in Section 185 of this Code shall be paid to the City at the time a building or other
permit is issued for work to be done on the same property as the landscaping work,
850-60
City of Edina Land Use, Platting and Zoning 850.10
and as a condition to the issuance of the permit.
Subd. 2 Screening.
A. Screening Required. The following uses shall be screened in accordance with
the requirements of this Subdivision 850.10:
1. Non-residential principal buildings or structures, and any building or
structure accessory thereto, shall be screened from lots in the R-1 District
which are used for single dwelling unit buildings and which are located
within 200 feet of the non-residential use. The distance shall be the shortest
distance between the non-residential building or structure to be screened and
the nearest lot line of the R-1 District lot, but shall not extend across a
street;
2. Principal buildings or structures, or any building or structure accessory
thereto, located in the Planned Industrial District or Planned Commercial
District shall be screened from lots used for any residential purpose which
are located within 200 feet. The distance shall be the shortest distance
between the PID or PCD building or structure to be screened and the
nearest lot line of the residential lot, but shall not extend across a street;
3. Off-street parking facilities containing six or more spaces and all
loading facilities shall be screened from streets located within 50 feet, and
from lots which are used for any residential purpose which are located
within 50 feet. Said distance shall be the shortest distance between the
parking facility or loading facility and the nearest part of the street or the
nearest lot line of the residential lot;
4. Trash storage facilities including recycling storage facilities shall be
screened from all lot lines and public road rights-of-way; and
5. All mechanical equipment accessory to any building, except single
dwelling unit and double dwelling unit buildings, shall be screened from all
lot lines and streets.
B. Responsibility. The owner of the principal or accessory building or structure to
be screened shall install and maintain all screening required without cost to the
City.
C. Materials. Required screening may be achieved with fences, walls, earth
berms, hedges and other landscape materials. All walls and fences shall be
architecturally harmonious with the principal building. Earth berms shall not be
steeper than 3:1. All materials, including landscaping, shall have a minimum
opacity of 90 percent year round.
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City of Edina Land Use, Platting and Zoning 850.11
D. Location. All required screening shall be located on the lot occupied by the use,
building, facility or structure to be screened. No screening shall be located upon
any public road right-of-way, or within 20 feet of the traveled portion of a street.
E. Height. The minimum height for screening required by this Section is as
follows:
1. Screening required by subparagraphs 1 and 2 of paragraph A. of Subd.
2 of Subsection 850.10: ten feet above property line;
2. Screening required by subparagraph 3 of paragraph A. of Subd. 2 of
Subsection 850.10: four feet above level of parking lot and ten feet above
level of loading facility; and
3. Screening required by subparagraphs 4 and 5 of paragraph A. of Subd.
2 of Subsection 850.10: high enough to completely screen from property
lines, but not less than five feet or greater than ten feet in height.
Subd. 3 Maintenance.
A. Responsibility. The owner of the lot upon which the required landscaping or
screening is located shall maintain all materials in a sightly and healthy growing
condition without cost to the City.
B. Security. Security shall be filed with the Planner in accordance with Section
405 of this Code to guarantee the installation and vigorous growing condition of all
landscape elements and required screening. The security shall remain in effect for
two full growing seasons. Lots provided with an irrigation system covering 100
percent of the area improved with landscaping need provide security for only one
growing season. The growing season guarantee period for plant material installed
after June 1 shall begin the following year.
850.11 Single Dwelling Unit District (R-1).
Subd. 1 Principal Uses.
A. Buildings containing not more than one dwelling unit.
B. Publicly owned parks, playgrounds and athletic facilities.
C. Publicly and privately owned golf courses, but not including driving ranges or
miniature golf courses as a principal use.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels and temples.
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City of Edina Land Use, Platting and Zoning 850.11
B. Elementary schools, junior high schools and senior high schools having a
regular course of study accredited by the Minnesota Department of Education,
preschools and community centers.
C. Publicly owned and operated civic and cultural institutions including, but not
limited to, administrative offices, libraries, public safety buildings and places of
assembly.
D. Golf course club houses.
E. Parking facilities and other uses which are accessory to conditional uses
including, but not limited to, seminaries, private schools, monasteries and
nunneries, but excluding preschools, nurseries and day care permitted by paragraph
C. of Subd. 3 of this Subsection 850.11.
F. Temporary Conditional Uses allowed pursuant to Subd. 5 of Subsection
850.04.
G. Day care facilities, pre-schools and nursery schools.
Subd. 3 Accessory Uses.
A. The following accessory uses are permitted on the same lot as a single dwelling
unit building:
1. Accessory garages.
2. Greenhouses, garden houses, decks, patios and gazebos.
3. Tool houses and sheds for the storage of domestic supplies.
4. Private swimming pools, tennis courts and other recreational facilities
for use only by residents of the principal use and their guests.
5. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and
clotheslines.
6. Customary home occupations.
7. Day care facilities, licensed by the State, located within the single
dwelling unit building.
A. Uses and facilities accessory to and on the same lot as a golf course, including
maintenance buildings, golf driving ranges, swimming pools, tennis courts and
other related recreational facilities.
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City of Edina Land Use, Platting and Zoning 850.11
B. Preschools, nurseries and day care within elementary, junior high and senior
high schools and religious institutions.
C. Rooms for residential occupancy by persons employed by religious institutions
or golf courses.
Subd. 4 Interim Uses of Elementary, Junior and Senior High School Buildings
Owned by Independent School District No. 273.
A. Purpose and Intent. The Council recognizes that several public elementary,
junior high and senior high school buildings owned by Independent School District
No. 273 (the "School District") have been, or will be, wholly or partly closed for
public education purposes due to the decreasing school age population of the
School District. It further recognizes that many such buildings will be retained in
School District ownership in order that they may be reused for public education
purposes in the future if the School District's school-age population increases.
Therefore, the Council has determined that the school buildings should be allowed
to be temporarily occupied by appropriate uses during this interim period in order
to preserve a substantial public investment, to prevent the deterioration of such
public properties thereby adversely impacting surrounding private properties, to
prevent an undue financial burden upon the School District, and to promote the
general health, safety and welfare of the residents of the City. However, it is not
the purpose and intent of this Section to allow the permanent reuse of such public
school buildings for the interim uses permitted or allowed by this Section.
B. Permitted Interim Uses.
1. Schools for teaching music, dance, arts or business vocations which do
not require a conditional use permit pursuant to paragraph D. of Subd. 4 of
this Subsection 850.11; and
2. Administrative offices and meeting rooms (excluding lodge halls) for
private non-profit organizations, and counseling services, which, together
with the other such offices and meeting rooms in the same public school
building do not occupy, in the aggregate, in excess of the minimum
percentage of gross floor area set out in subparagraph La. of paragraph D.
of Subd. 4. of this Subsection 850.11, and if such offices and meeting
rooms do not require a conditional use permit pursuant to subparagraph Lb.
of paragraph D. of Subd. 4. of this Subsection.
C. Termination of All Interim Uses. If all or any part of any public school
building, or the land upon which it is located, is disposed of or transferred to
private ownership by deed, contract for deed, lease for more than three years or by
other means, all interim uses shall cease and the building and land shall then be
used for only principal uses, and accessory uses permitted in the zoning district in
850-64
City of Edina Land Use, Platting and Zoning 850.11
which the land is situated, or allowed conditional uses pursuant to the grant of a
conditional use permit.
D. Conditional Interim Uses.
1. Only the following interim uses are allowed subject to the grant of a
conditional use permit:
a. administrative offices and meeting rooms for private non-profit
organizations, and counseling services, which, together with the other
such offices and meeting rooms in the same public school building
will, in the aggregate, occupy 35 percent or more of the gross floor
area of the building; and
b. administrative offices and meeting rooms for private non-profit
organizations, and counseling services and schools for teaching music,
arts, dance or business vocations which are open for operations
between 6:00 P.M. and 7:00 A.M. on three or more days per week.
2. No conditional use permit shall be issued unless the Council finds that
the hours of operation of the proposed use(s) will be complementary to
other uses in the building or on the property and will not adversely impact
the residential character of surrounding properties.
Subd. 5 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area.
1. Single dwelling unit building. 9,000 square feet, provided however,
if the lot is in a neighborhood as
defined in Section 810 of this Code,
which has lots with a median lot area
greater than 9,000 square feet, then
the minimum lot area shall be not less
than the median lot area of lots in
such neighborhood.
2. Elementary schools. 5 acres
3. Junior high schools, senior high 10 acres, plus 1 acre
schools, seminaries, monasteries, for each 150 pupils of
nunneries and community centers. planned maximum enrollment.
4. Religious institutions 3 acres.
5. Day care facilities, pre-schools 2 acres
and nursery schools.
850-65
City of Edina Land Use, Platting and Zoning 850.11
B. Minimum Lot Width.
Single dwelling unit building. 75 feet, provided, however, if
the lot is in a neighborhood as
defined in Section 810 of this
Code, which has lots with a
median lot width greater than
75 feet, then the minimum lot
width shall be not less than the
median lot width of lots in such
neighborhood.
C. Minimum Lot Depth.
Single dwelling unit building. 120 feet, provided, however if
the lot is in a neighborhood as
defined in Section 810 of this
Code, which has lots with a
median lot depth greater than
120 feet, then the minimum lot
depth shall be not less than the
median lot depth of lots in such
neighborhood.
D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to
perimeter ratio of not less than 0.1.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Building Coverage.
1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be
not more than 25 percent for all buildings and structures, provided,
however, that the combined total area occupied by all accessory buildings
and structures, excluding attached garages, shall not exceed 1,000 square
feet.
2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be
not more than 30 percent for all buildings and structures, provided,
however, that the area occupied by all buildings and structures shall not
exceed 2,250 square feet.
3. The combined total area occupied by all accessory buildings and
structures, excluding attached garages, shall not exceed 1,000 square feet
for lots used for single dwelling unit buildings.
B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of
this Subsection 850.11).
850-66
City of Edina Land Use, Platting and Zoning 850.11
Interior
Front Side Side Rear
Street Street Yard Yard
1. Single dwelling unit 30' 15' 10' 25'
buildings on lots 75 feet
or more in width
2. Single dwelling unit 30' 15' 5' 25'
buildings on lots less than
feet in width
3. Buildings and structures
accessory to single dwelling
unit buildings:
a. detached garages, -- 15' 3' 3'
tool sheds, greenhouses
and garden houses en-
tirely within the rear
yard, including eaves.
b. attached garages, 30' 15' 5' 25'
tool sheds, greenhouses
and garden houses.
c. detached garages, tool 30' 15' 5' 5'
sheds, greenhouses and
garden houses not entirely
within the rear yard.
d. unenclosed decks 30' 15' 5' 5'
and patios.
e. swimming pools, 30' 15' 10' 10'
including appurtenant
equipment and required
decking.
f. tennis courts, 30' 15 5' 5'
basketball courts, sports
courts, hockey and skating
rinks, and other similar
recreational accessory
uses including appurtenant
850-67
City of Edina Land Use, Platting and Zoning 850.11
fencing and lighting.
g. all other accessory 30' 15' S' S'
buildings and structures.
4. Other Uses.
a. all conditional use 50' 50' 50' 50'
buildings or structures
including accessory thereto
except parking lots, day care
facilities, pre-schools and
nursery schools.
b. driving ranges, 50' 50' 50' 50'
tennis, courts, main-
tenance buildings and
swimming, pools accessory
to a golf course.
c. Day care facilities, 30' 35' 35' 35'
pre-schools and nursery
schools
C. Height
1. Single dwelling unit 2'/2 stories or 30 feet,
buildings and structures whichever is less.
accessory thereto.
2. Buildings and structures 1'/2 stories or 18 feet,
accessory to single dwelling whichever is less.
unit buildings but not
attached thereto.
3. All other buildings and 3 stories or 40 feet,
structures. whichever is less.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the
frontage on one side of a street between intersections is occupied by
buildings having front street setbacks of more or less than 30 feet, the
850-68
City of Edina Land Use, Platting and Zoning 850.11
average setback of such existing buildings shall be maintained by all new or
relocated buildings or structures or additions thereto on the same side of
that street and between said intersections. If a building or structure or
addition thereto is to be built or located where there is an established
average setback and there are existing buildings on only one side of the
built or relocated building or structure or addition thereto, the front street
setback of said new or relocated building or structure or addition thereto
need be no greater than that of the nearest adjoining principal building. If a
building or structure or addition thereto is to be built or relocated where
there is an established average setback, and there are existing buildings on
both sides of the new or relocated building or structure or addition thereto,
the front setback need be no greater than that which would be established by
connecting a line parallel with the front lot line connecting the most forward
portion of the adjacent principal building on each side.
2. Side Street Setback. The required side street setback shall be increased
to that required for a front street setback where there is an adjoining interior
lot facing on the same street. The required side street setback for a garage
shall be increased to 20 feet if the garage opening faces the side street.
3. Interior Side Yard Setback. The required interior side yard setback shall
be increased by 6 inches for each foot the building height exceeds 15 feet.
For purposes of this subparagraph, building height shall be the height of
that side of the building adjoining the side lot line and shall be measured
from the average proposed elevation of the ground along and on the side of
the building adjoining the side lot line to the top of the cornice of a flat
roof, to the deck line of a Mansard roof, to a point on the roof directly
above the highest wall of a shed roof, to the uppermost point on a round or
other arch-type roof, to the average distance of the highest gable on a
pitched roof, or to the top of a cornice of a hip roof.
4. Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet
in length or if the lot forms a point at the rear and there is no rear lot line,
then for setback purposes the rear lot line shall be deemed to be a straight
line segment within the lot not less than 30 feet in length, perpendicular to a
line drawn from the midpoint of the front lot line to the junction of the
interior lot lines, and at the maximum distance from the front lot line.
5. Rear Yard Setback - Corner Lots Required to Maintain Two Front
Street' Setbacks. The owner of a corner lot required to maintain two front
street setbacks may designate any interior lot line measuring 30 feet or more
in length as the rear lot line for setback purposes. In the alternative, the
owner of a corner lot required to maintain two front street setbacks may
deem the rear lot line to be a straight line segment within the lot not less
than 30 feet in length, perpendicular to a line drawn from the junction of
the street frontages to the junction of the interior lot lines, the line segment
850-69
City of Edina Land Use, Platting and Zoning 850.12
being the maximum distance from the junction of the street frontages.
6. Through Lots. For a through lot, the required setback for all buildings
and structures from the street upon which the single dwelling unit building
does not front shall be not less than 25 feet.
7. Accessory Buildings and Structures Used for Dwelling Purposes.
Subject to the requirements of paragraph B. of Subd. 7 of this Subsection
850.11, if any accessory building or structure (including, without
limitation, garages), or if any addition to or expansion of (including,
without limitation, an additional story on) an accessory building or structure
(including, without limitation, garages), is used or intended for use, in
whole or in part, for residential occupancy, then such accessory building or
structure or such addition or expansion, shall comply with all of the
minimum setback requirements for a single dwelling unit building.
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling
unit shall be erected, placed or used on any lot unless the lot is subdivided into two
or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 150 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet in
width as measured from the exterior of the exterior walls.
F. Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1
District.
850.12 Double Dwelling Unit District (R-2).
Subd. 1 Principal Uses. Buildings containing two dwelling units.
Subd. 2 Accessory uses.
I
A. Accessory garages.
B. Greenhouses, garden houses, decks, patios and gazebos.
850-70
City of Edina Land Use, Platting and Zoning 850.12
C. Tool houses and sheds for storage of domestic supplies.
D. Private swimming pools, tennis courts and other recreational facilities for use
only by residents of the principal use and their guests.
E. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and clotheslines.
F. Customary home occupations.
Subd. 3 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area (per double 15,000 sq. ft.
dwelling unit building).
B. Minimum Lot Width. 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 25%
B. Setbacks (subject to the
provisions of paragraph D. of
Subd. 5 of this Subsection 850.12)
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory buildings and
structures shall be the same as those required by this Section for buildings
and structures accessory to single dwelling unit buildings in the R-1
District.
C. Height: 2'/z stories or 30 feet, whichever is less.
Subd. 5 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Application of Requirements. Requirements for lot area and dimensions,
850-71
City of Edina Land Use, Platting and Zoning 850.12
building coverage, setbacks and height shall be applied to the entire double
dwelling unit building and the entire lot, and shall ignore any subdivision of
building and lot which has been or may be made in order to convey each dwelling
unit separately.
B. Sewer and Water Connections. Each dwelling unit must be separately and
independently connected to public sanitary sewer and water mains.
C. Subdivided R-2 Lots. A double dwelling unit building and lot may be
subdivided pursuant to Section 810 of this Code along the common party walls
between the dwelling units, provided that:
1. A building permit has been issued and the building foundation is in
place;
2. Each parcel resulting from the subdivision must have frontage on a
public street of not less than 25 feet;
3. The parcels resulting from the subdivision shall each comprise
approximately the same number of square feet, and no an individual parcel
shall be less than 5,000 square feet; and
4. A rear yard not less than 25 feet in depth must be provided for each
dwelling unit.
If the above conditions cannot be met, the lot may be subdivided by means of a
townhouse plat.
D. Special Setback Requirements for Double Dwelling Unit Buildings. Double
dwelling unit buildings shall comply with the special requirements for single
dwelling unit building setbacks, as provided in paragraph A. of Subd. 7 of
Subsection 850.11.
E. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 200 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
F. Basements. All double dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for the purposes of this paragraph.
�I
G. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a double dwelling unit building shall measure less than eighteen feet
in width, as measured from the exterior of the exterior walls.
850-72
City of Edina Land Use, Platting and Zoning 850.13
850.13 Planned Residence District (PRD, PSR).
Subd. 1 Subdistricts. The Planned Resident District shall be divided into the following
subdistricts:
Planned Residence District - 1 (PRD-1)
Planned Residence District - 2 (PRD-2)
Planned Residence District - 3 (PRD-3)
Planned Residence District - 4 (PRD-4)
Planned Residence District - 5 (PRD-5)
Planned Senior Residence - 3 (PSR-3)
Planned Senior Residence - 4 (PSR-4)
Subd. 2 Principal Uses.
A. PRD-1. Single dwelling unit buildings, double dwelling unit buildings and
residential townhouses.
B. PRD-2. Residential buildings containing six or fewer dwelling units.
C. PRD-3 and PRD-4. All residential buildings. Also day care facilities licensed
by the State.
D. PRD-5. Rest homes, convalescent homes and nursing homes.
E. PSR-3 and PSR-4. Buildings containing four or more dwelling units, all but one
of which are senior citizen dwelling units.
Subd. 3 Accessory Uses.
A. PRD-1. All accessory uses allowed in the R-1 District.
B. All Other Subdistricts. All accessory uses allowed in the R-2 District.
C. PRD-4, PRD-5 and PSR-4. Shops, restaurants and other services primarily
intended for the use and convenience of residents of the principal use, provided
that such accessory uses are accessible only from the interior of the principal
building, are located only on the ground floor of the principal building, and
have no signs or display visible from the outside of the principal building. Not
more than ten percent of the gross floor area of a principal building shall be
devoted to these accessory uses.
Subd. 4 Density.
A. Required Lot Area. The area of the tract shall not be less than the sum of the
required lot area for each dwelling unit adjusted by the allowances permitted or
850-73
City of Edina Land Use, Platting and Zoning 850.13
imposed by this paragraph:
Lot Area Per Maximum Allowance
Dwelling Unit Per Dwelling Unit
PRD-1 10,500 sq. ft. 0 sq. ft.
PRD-2 7,200 sq. ft. 0 sq. ft.
PRD-3 4,400 sq. ft. 1,500 sq. ft.
PRD-4 2,900 sq. ft. 1,500 sq. ft.
PRD-5
PSR-3 3,500 sq. ft. 1,500 sq. ft.
PSR-4 2,500 sq. ft. 1,500 sq. ft.
*The principal building in subdistrict PRD-5 shall not exceed an FAR of 1.2.
B. Schedule of Allowances.
1. PRD-3
a. subtract 500 square feet for each parking space within or under the
principal building or otherwise completely underground. (No more
than 1.5 spaces per dwelling unit shall be counted).
b. subtract 500 square feet for each dwelling unit if all principal
buildings conform to all specifications of Type I or II construction as
defined in the State Building Code as adopted by Section 410 of this
Code.
c. subtract 250 square feet for each dwelling unit if at least a 500 foot
spacing is maintained between each principal and accessory building
and the nearest lot line of a lot in the R-1 District used for residential
purposes.
d. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
e. subtract 250 square feet for each dwelling unit if the tract is within
2,000 feet of an accessible freeway interchange (nearest lot line to
center of interchange).
I
850-74
City of Edina Land Use, Platting and Zoning 850.13
2. PRD-4
a. all allowances permitted by paragraph B.1 of this Subd. 4 for
PRD-3.
b. subtract 250 square feet for each dwelling unit if the tract is three
acres or more in area.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than ten percent.
3. PSR-3 and PSR-4
a. all allowances permitted by paragraph B.2 of this Subd. 4 for
PRD-4.
b. subtract 1,000 square feet for each senior citizen dwelling unit.
Subd. 5 Requirements for Building Coverage, Setbacks, Height.
A. Maximum Building Coverage and FAR.
Maximum
Building FAR
Coverage
PRD-1 25% --
PRD-2 25% --
PRD-3 30% --
PRD-4 30% --
PRD-5 35% 1.2
PSR-3 30% --
PSR-4 35% 1.2
B. Setbacks.
1. Setbacks shall be measured from the boundary of the tract. The
required setbacks shall be increased to equal the building height for
those buildings whose height exceeds the minimum setbacks
required.
850-75
City of Edina Land Use, Platting and Zoning 850.13
a. minimum setbacks are as follows:
Interior
Front Side Side Rear
Street Street Yard Yard
PRD-1 30' 30' 20' 25'
PRD-2 30' 30' 20' 35'
PRD-3 35' 35' 20' 35'
PRD-4, 5 35' 35' 35' 35'
PSR-3, 4 35' 35' 20' 35'
Accessory Same as 10' 10'
buildings principal
building
C. Maximum Building Height.
PRD-1, 2 2'/i stories or 30 feet, whichever is less.
PRD-3 3 stories or 40 feet, whichever is less.
PRD-4, 5 No maximum; height is determined by required
setbacks.
I
PSR-3 3 stories or 40 feet, whichever is less.
PSR-4 No maximum; height is determined by required
setbacks.
Subd. 6 Usable Lot Area. Usable lot area not less than the amount specified below
shall be provided on the tract. This space must be easily accessible by residents of the
principal building. The front yard and side yard established by the required front street or
side street setback and areas occupied by driveways, parking areas and buildings shall not
be included as usable lot area. Areas within the tract and dedicated by the tract owner to
the general public shall be included in usable lot area computations.
Per Dwelling Unit
PRD-1 2,000 sq. ft.
PRD-2 1,500 sq. ft.
850-76
City of Edina Land Use, Platting and Zoning 850.13
PRD-3, 4 400 sq. ft.
PSR-3 200 sq. ft.
PSR-4 100 sq. ft.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area - PRD-1. 10 acres
B. Minimum Floor Area per Dwelling Unit.
PSR PRD (except PRD-5)
Efficiency -- 500 sq. ft.
One Bedroom 500 minimum sq. ft. 750 sq. ft.
700 maximum sq. ft.
Two Bedroom 750 minimum sq. ft. 950 sq. ft.
850 maximum sq. ft.
Additional -- 150 sq. ft./each
Bedrooms
For purposes hereof, floor area shall be the area within, and measured from, the
inside of exterior walls and from the center of interior walls bounding the dwelling
unit, but shall not include furnace rooms, utility rooms, storage areas not within
the dwelling unit, garages or any common areas which are used by residents of two
or more dwelling units, including stairways, entries, foyers, balconies and porches.
C. Efficiency Dwelling Units. Efficiency dwelling units shall be permitted only in
subdistricts PRD-3 and PRD-4. Not more than ten percent of the dwelling units per
building shall be efficiency dwelling units.
D. Maximum Number of Townhouses Per Building. Not more than eight
townhouses per building shall be allowed.
E. Sewer and Water Connections for Townhouses. Each townhouse shall be
separately and independently connected to public sanitary sewer mains and water
mains.
F. Accessory Buildings. The exterior of accessory buildings shall be constructed
of the same material as the principal building.
850-77
City of Edina Land Use, Platting and Zoning 850.14
G. Community Facilities in PSR-3 and PSR-4. Principal buildings in subdistricts
PSR-3 and PSR-4 shall provide recreational, service and meeting facilities for the
use and enjoyment of residents and guests. Such facilities shall comprise not less
than 1,250 square feet, or 15 square feet of floor area per senior citizen dwelling
unit, measured as provided for in paragraph B. of Subd. 7 of this Subsection
850.13, whichever is greater. Such facilities shall be indoor space and shall be
conditioned for year round occupancy. Outdoor areas, laundry facilities, storage
areas, mechanical rooms, hallways, foyers, offices or circulation space shall not be
included to satisfy this requirement.
H. Proximity to R-1 District (PRD-4, PRD-5, and PSR-4). The following
minimum distance shall be provided between the closest point of the principal
building in the PRD-4, PRD-5 and PSR-4 subdistricts and the nearest lot line of an
R-1 District used for residential purposes. This requirement shall only apply to
principal buildings four stories or more in height. The minimum distance to an R-1
District need not exceed 680 feet for buildings more than 100 feet in height.
Minimum Distance in Feet = 10(h-40) + 80
h = building height
850.14 Mixed Development District (MDD).
Subd. 1 Subdistricts. The Mixed Development District shall be divided into the
following subdistricts:
Mixed Development District - 3 (MDD-3)
Mixed Development District - 4 (MDD-4)
Mixed Development District - 5 (MDD-5)
Mixed Development District - 6 (MDD-6)
Subd. 2 Principal Uses.
A. MDD-3, MDD-4, and MDD-5:
1. Buildings containing not fewer than ten dwelling units or senior citizen
dwelling units.
2. Publicly-owned or operated civic or cultural institutions.
3. Publicly-owned park and recreational facilities.
4. Offices, including business and professional offices, medical and dental
offices, post offices, travel agencies and travel bureaus.
5. Financial institutions excluding pawn shops.
850-78
I
City of Edina Land Use, Platting and Zoning 850.14
6. Publicly-owned parking facilities.
7. Day care.
8. Suites Hotels.
B. MDD-6:
1. All principal uses in the MDD-3, MDD-4, and MDD-5 subdistricts.
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory shops.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
3. Health and athletic clubs.
4. Department stores or shopping centers exceeding 40,000 square feet.
Subd. 3 Accessory Uses.
A. Recreational facilities solely for the use and enjoyment of residents of a
residential principal use and their guests.
B. Customary home occupations.
C. Mass transit passenger waiting and pick-up facilities.
Subd. 4 Conditional Uses.
A. MDD-3, MDD-4, and MDD-5.
1. Privately owned recreational facilities other than those permitted in
paragraph A. of Subd. 3 of this Subsection 850.14.
2. Drive-through facilities.
3. All principal uses allowed in the PCD-1 and PCD-2 subdistricts, except:
850-79
City of Edina Land Use, Platting and Zoning 850.14
a. animal hospitals and kennels.
b. automotive accessory stores.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
B. MDD-6. Commercial uses in residential buildings.
Subd. 5 Density.
A. Allowed Number of Dwelling Units.
1. Required Lot Area. The area of the tract shall not be less than the sum of
I�
the required lot area for each dwelling unit thereon, less the allowances
permitted or imposed by this paragraph.
Required Lot Area Maximum Allowance
Per Dwelling Unit Per Dwelling Unit
MDD-3 4,400 sq. ft. 1,000 sq. ft.
MDD-4 3,600 sq. ft. 1,000 sq. ft.
MDD-5 3,300 sq. ft. 1,500 sq. ft.
MDD-6 3,300 sq. ft. 1,500 sq. ft. �
2. Schedule of Allowances.
a. subtract 500 feet for each required residential parking space within
or under the principal building or otherwise completely underground.
b. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than 20 percent. (Buildings devoted to public or
private park, or an accessory recreational facility, shall be excluded
from building coverage for purposes of this allowance).
d. subtract 400 square feet for each dwelling unit if the Mixed
Development District includes a publicly owned park that is developed
or programmed to be developed with recreational facilities or other
850-80
City of Edina Land Use, Platting and Zoning 850.14
facilities for the use and enjoyment of the general public.
e. subtract 600 square feet for each dwelling unit reserved for sale or
rent to persons of low and moderate income, as defined by, and
pursuant to an agreement approved by, the Housing and
Redevelopment Authority of Edina, Minnesota.
B. Allowed Non-Residential Floor Area. The gross floor area of all non-residential
uses, exclusive of publicly owned or operated civic, cultural and recreational
facilities, transit facilities and uses accessory to residential principal uses, shall not
exceed:
1. MDD-3, MDD-4 and MDD-5: 800 square feet of non-residential gross
floor area per dwelling unit shown on the approved Overall Development
Plan.
2. MDD-6 subdistrict: 1750 square feet of non-residential gross floor area
per dwelling unit shown on the approved Overall Development Plan.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 30 percent of the tract. Publicly owned buildings
or structures shall be excluded from building coverage computations.
B. Maximum Floor Area Ratio. Non-residential uses shall not exceed a FAR of
0.5. Non-residential uses and residential uses in the aggregate shall not exceed an
FAR of 1.0. Tract area shall include all area in the approved Overall Development
Plan, exclusive of public street rights-of-way. Publicly owned buildings or
structures shall be excluded from FAR computations.
C. Setbacks. Setbacks shall be measured from the boundary of the tract or from
public street right-of-way.
Interior
Front Side Side Rear
Street Street Yard Yard
MDD-3 35' 35' 20' 35'
MDD-4 35' 35' 35' 35'
MDD-5 50' 50' 50' 50'
MDD-6 35' 35' 20' 35'
The minimum building setback shall be increased by 1/2 foot for each foot the building
850-81
City of Edina Land Use, Platting and Zoning 850.14
height exceeds the minimum required setback, provided, however, the required interior
side yard setback shall not be less than 35 feet if the boundary of the tract adjoins land
zoned and used for residential purposes.
D. Maximum Building Height.
MDD-3 3 stories or 40 ft., whichever is less.
MDD-4 4 stories or 50 ft., whichever is less.
MDD-5 No maximum; height determined by required setbacks.
MDD-6 No maximum; height determined by required setbacks.
Subd. 7 Usable Lot Area. Usable lot area not less than the amount specified below
shall be provided on the tract. Publicly owned or operated civic, cultural or recreational
facilities located on the tract may be counted as usable lot area. The front yard and side
yard established by the required front street or side street setback and areas occupied by
driveways, parking areas and garages shall not be counted as usable lot area.
Per Dwelling
MDD-3 400 sq. ft.
MDD-4 400 sq. ft.
MDD-5 200 sq. ft.
MDD-6 200 sq. ft.
Subd. 8 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area. The minimum tract area for subdistrict MDD-5 shall be
five acres. The minimum tract area for subdistrict MDD-6 shall be 50 acres.
B. Ownership or Control. The tract proposed for transfer to the Mixed
Development District shall be under common ownership and shall be planned and
developed as an integral unit.
C. Proposed Development Schedule. The Final Development Plan required by
Subsection 850.04 shall include a proposed schedule of construction of the major
components of the development as such major components are determined by the
Planner. The proposed schedule as approved by the Council shall become part of
the Final Development Plan. No more than 50 percent of the permitted gross floor
area of non-residential uses on the tract shall be constructed until a building permit
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City of Edina Land Use, Platting and Zoning 850.15
has been issued for, and construction begun on, at least 25 percent of the permitted
dwelling units.
D. Conditional Uses. Conditional uses shall:
1. Be contained within the same building as a principal use, except for
drive-through facilities.
2. Provide goods and services beneficial to the needs of the occupants and
residents of the principal uses and surrounding properties.
3. Have enclosed pedestrian access to the principal use.
E. Skyway Setbacks. In cases where pedestrian connections are made across and
above a street, the required setback for such connections may be reduced to zero
feet for a width of 120 feet.
F. Special Requirements for Retail Uses. Retail uses shall comply with the special
requirements provided by paragraphs, D, E, F, G, H, I, J, and K of Subd. 11 of
Subsection 850.16 of this Code.
850.15 Planned Office District (POD).
Subd. 1 Subdistricts. The Planned Office District shall be divided into the following
subdistricts:
Planned Office District - 1 (POD-1)
Planned Office District - 2 (POD-2)
Subd. 2 Principal Uses.
A. Business and professional offices.
B. Financial institutions including drive-through facilities, but excluding pawn
shops.
C. Post offices.
D. Clubs, lodge halls and non-profit organizations, excluding those providing food
or beverage services in the building or on the lot.
E. Facilities for athletic, health or weight control purposes, including, but not
limited to, handball, racquetball, tennis, reducing salons and aerobic dance studios,
provided that no seating or other facilities shall be allowed for spectator usage.
F. Medical and dental offices and clinics.
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City of Edina Land Use, Platting and Zoning 850.15
G. Employment agencies.
H. Travel bureaus.
I. Day care.
J. Public or private colleges, universities or schools.
Subd. 3 Conditional Uses.
A. Funeral Homes and Mortuaries
Subd. 4 Accessory Uses.
A. Off-street parking facilities.
B. In buildings having a gross floor area of 40,000 square feet or more, ten
percent of the gross floor area may be occupied by retail uses allowed in the
PCD-1 District and PCD-2 District, provided that the accessory uses are accessible
only from the interior of the principal building and have no signs or displays
relative thereto visible from the outside of the principal building.
Subd. 5 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage: 30 percent of the tract.
B. Maximum Floor Area Ratio: 0.5 of the tract.
C. Setbacks - shall be measured from the boundary of the tract:
Interior
Front Side Side Rear
Street Street Yard Yard
i
35'* 35'* 20'* 20'*
i
i
* or the building height if greater.
D. Maximum Building Height.
POD-1 4 stories or 50 feet whichever is less.
POD-2 no maximum; height is determined by required setbacks.
Subd. 6 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
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City of Edina Land Use, Platting and Zoning 850.15
A. Increased Setbacks. The front street or side street setback shall be increased to
not less than 50 feet when the principal use is located across the street from an R-1
District used for residential purposes. When the Planned Office District is an
integral part of either a Planned Industrial District or a Planned Commercial
District, the front street setback and the side street setback shall be not less than
those prescribed for the major district.
B. Proximity to R-1 District. The following minimum distance shall be provided
between the closest point of the office building closest to an R-1 District and the
nearest lot line of an R-1 District used for residential purposes.
Office Building Height Distance to R-1 District
5 - 6 stories Twice the building height of the office
building.
7 - 8 stories Four times the building height of the
office building.
9 or more stories Six times the building height of the
office building.
C. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Office District shall
meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction if
the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
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City of Edina Land Use, Platting and Zoning 850.16
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
850.16 Planned Commercial District (PCD).
Subd. 1 Subdistricts. The Planned Commercial District shall be divided into the
following subdistricts:
Planned Commercial District - 1 (PCD-1)
Planned Commercial District - 2 (PCD-2)
Planned Commercial District - 3 (PCD-3)
Planned Commercial District - 4 (PCD-4)
Subd. 2 Principal Uses in PCD-1.
Antique shops.
Art galleries.
Art studios.
i
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of 2,500 square feet.
Barber shops.
Beauty parlors.
Bicycle stores, including rental, repair and sales.
Book and stationery stores.
Camera and photographic supply stores.
Candy and ice cream stores.
Clothes pressing and tailoring shops.
Clothing stores not exceeding 2,500 square feet of gross floor area.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations not exceeding 2,500 square feet of gross floor area.
Coin and philatelic stores.
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City of Edina Land Use, Platting and Zoning 850.16
Day care.
Drug stores.
Dry cleaning establishments and laundries.
Employment agencies.
Financial institutions, but excluding drive-through facilities and pawn shops.
Florist shops.
Food, grocery, meat, fish, bakery and delicatessen stores.
Garden supply, tool and seed stores.
Gift shops.
Handball courts, racquetball courts and exercise and reducing salons.
Hardware stores.
Hobby shops for the sale of goods to be assembled and used off the premises.
Household furnishings, fixtures and accessory stores not exceeding 2,500 square
feet of gross floor area.
Interior decorating establishments.
Jewelry stores.
Launderettes.
Leather goods stores.
Liquor stores, municipally owned, off-sale.
Locksmith shops.
Medical and dental clinics.
Music and video sales and rental stores.
Musical instruments stores and repair shops.
Newsstands.
Offices, including both business and professional.
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City of Edina Land Use, Platting and Zoning 850.16
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Optical stores.
Paint and wallpaper stores not exceeding 2,500 square feet of gross floor area.
Personal apparel stores not exceeding 2,500 square feet of gross floor area.
Picture framing and picture stores.
Repair stores and "fix-it" shops which provide services for the repair of home,
garden, yard and personal use appliances.
Restaurants, but excluding "drive-ins" and drive-through facilities.
Schools.
Second-hand stores not exceeding 2,500 square feet of gross floor area, but
excluding pawn shops.
Shoe sales or repair stores.
Sporting and camping goods stores not exceeding 2,500 square feet of gross floor
area.
Tailor shops.
Tobacco shops.
Toy shops.
Travel bureaus and transportation ticket offices.
Variety, gift, notion and soft goods stores.
Vending machines which are coin or card operated, but excluding amusement
devices.
Subd. 3 Principal Uses in PCD-2.
Any principal use permitted in PCD-1.
Amusement and recreation establishments such as amusement arcades, commercial
bowling alleys and pool halls.
Animal hospitals and kennels, but excluding establishments with outside runs.
Automotive accessory stores, but excluding repair and service garages.
850-88
City of Edina Land Use, Platting and Zoning 850.16
Blueprinting, printing and Photostatting establishments.
Business machine sales and service shops.
Catering establishments.
Clothing stores.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations.
Commercial kennels as defined by Subsection 300.01 of the City Code.
Department stores not exceeding 40,000 square feet of gross floor area.
Dry goods stores.
Electrical and household appliance stores, including radio and television sales and
service.
Exterminating offices.
Fabric stores.
Frozen food stores including the rental of lockers in conjunction therewith.
Furniture stores including upholstering when conducted as an incidental part of the
principal use.
Fraternal, philanthropic and charitable institution offices and assembly halls.
Furrier shops including the storage and conditioning of furs when conducted as an
incidental part of the principal use.
Home repair, maintenance and remodeling stores and shops.
Hotels, motels and motor inns.
Household furnishings, fixtures and accessories stores.
Laboratories, medical and dental.
Office supplies stores.
Orthopedic and medical appliance stores, but excluding the manufacturing or
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City of Edina Land Use, Platting and Zoning 850.16
assembly of appliances or goods.
Paint and wallpaper stores.
Personal apparel stores.
Pet shops.
Photography studios.
Post offices.
Public utility service stores.
Rental agencies for the rental only of clothing, appliances, automobiles, cartage
trailers, and household fixtures, furnishings and accessories, excluding pawn
shops.
Schools for teaching music, dance or business vocations.
Sporting and camping goods stores.
Taxidermist shops.
Telegraph offices.
Theaters, but excluding outdoor or "drive-in" facilities.
Ticket agencies.
Trading stamps redemption stores.
Undertaking and funeral home establishments.
Subd 4. Principal Uses in PCD-3.
Any principal use permitted in PCD-2.
Automobile agencies selling or displaying new, unused vehicles.
Boat and marine stores or agencies selling or displaying new, unused boats.
Department stores or shopping centers exceeding 40,000 square feet of gross floor
area.
Sexually-Oriented Businesses.
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City of Edina Land Use, Platting and Zoning 850.16
Subd 5. Principal Uses in PCD-4.
Automobile service centers.
Car washes.
Gas stations.
Subd. 6 Accessory Uses in PCD-1.
Off-street parking facilities.
Buildings for the storage of merchandise to be retailed by the related principal use.
Not more than two amusement devices.
Subd. 7. Accessory Uses in PCD-2.
All accessory uses allowed in PCD-l.
Drive-through facilities.
Amusement devices.
Subd. 8. Accessory Uses in PCD-3.
All accessory uses permitted in PCD-1 and PCD-2.
Automobile or boat and marine stores or agencies selling used automobiles or
boats, if(i) such a use is accessory to and on the same lot as a related principal use
selling new automobiles or boats, and (ii) the total floor area and lot area devoted
to the accessory use does not exceed that of the principal use.
Repair garages for servicing motor vehicles, if such a use is on the same lot as an
automobile agency.
Subd. 9 Accessory Uses in PCD-4.
Accessory car washes.
Retail sales of convenience goods.
Gasoline sales accessory to a car wash.
Subd. 10 Requirements for Building Coverage, Setbacks and Height.
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City of Edina Land Use, Platting and Zoning 850.16
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A. Maximum Floor Area Ratio.
PCD-1 1.0 of the tract
PCD-2 1.5 of the tract
PCD-3 0.5 of the tract
PCD-4 0.3 of the tract
B. Setbacks (Subject to the requirements of paragraphs A. and B. of
Subd. 11 of this Subsection).
Interior
Front Side Side Rear
Street Street Yard Yard
PCD-1 35'* 25'* 25'* 25'*
PCD-2 35'* 25'* 25'* 25'*
PCD-3 50'* 50'* 50'* 50'*
PCD-4: 35' 25' 25' 25'
Gas Stations
All other uses 45' 25' 45' 25'
* or the building height if greater.
C. Maximum Building Height.
PCD-1 Two stories.
PCD-2 Four stories or 50 feet whichever is less.
PCD-3 No maximum; height is determined by setbacks.
PCD-4 One story.
Subd. 11 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Established Average Front Street Setback for PCD-1, PCD-2 and PCD-3. When
more than 25 percent of the frontage on one side of the street between intersections
is occupied by buildings having front street setbacks of greater or lesser distances
than hereafter required, then the average setback of the existing buildings shall be
maintained by all new or relocated buildings on the same side of that street and
between the intersections. If a building is to be built or relocated where there is an
established average setback, and there are existing buildings on only one side of the
building or relocated building, the front street setback of the new or relocated
850-92
City of Edina Land Use, Platting and Zoning 850.16
building need be no greater than that of the nearest adjoining principal building. If
a building is to be built or relocated where there is an established average setback
and there are existing buildings on both sides of the new or relocated building, the
front street setback need be no greater than that which would be established by
connecting a line parallel with the front line connecting the most forward portion of
the adjacent principal building on each side.
B. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear yard
setbacks including parking setbacks and loading facility setbacks apply only when
the side or rear lot line is a Planned Commercial District boundary.
C. Proximity to R-1 District. The following minimum distance shall exist between
buildings in the Planned Commercial District and the nearest lot line of an R-1
District lot used for residential purposes:
Building Height Distance to R-1 District
5 - 6 stories Twice the building height of the building in
the Planned Commercial District.
7 - 8 stories Four times the building height of the building
in the Planned Commercial District.
9 or more stories Six times the building height of the building in
the Planned Commercial District.
D. Storage. All materials, supplies, merchandise and other similar materials not on
display for direct sale, rental or lease to the ultimate consumer shall be stored
within a completely enclosed building or within the confines of a completely
opaque wall or fence capable of completely screening all the materials from
adjoining properties. The wall or fence under no circumstances shall be less than
five feet in height.
E. Displays. Merchandise which is offered for sale may be displayed outside of
buildings in the PCD-1, PCD-2 and PCD-3 subdistricts, provided the area occupied
by the display shall not exceed ten percent of the gross floor area of the building or
portion thereof housing the principal use. No displays shall be permitted within that
half of the required front street or side street setback nearest the street, nor within
any required side yard or rear yard setback. Agencies selling automobiles or boats,
as permitted by this Section, may display automobiles or boats outside of a building
if the area used for the displays shall comply with all the standards for a parking lot
including construction, setbacks, landscaping and screening as contained in this
Section.
F. Minimum Building Size. The minimum size for any building housing one or
more principal uses in the PCD-1, PCD-2 or PCD-3 subdistricts shall be 1,000
850-93
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Land Use Platting g and Zoning 850.16
City of Edina
square feet of gross floor area within the first story.
G. Outdoor Sales, Tent Sales and Trailer Sales Prohibited. Except for the
dispensing of motor fuels and the use of drive-through facilities permitted by this
Section, all sales of products and merchandise, and dispensing of services, shall be
conducted from within the confines of a permanent building totally enclosed by
four walls and a roof. The sale of products and merchandise, and the dispensing of
services, from a motor vehicle, trailer, tent or other temporary structure or shelter,
or outside of a permanent building as above described, is prohibited.
H. Building Design and Construction. In addition to the other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Commercial District
shall meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction
if the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of the same materials as the original building and shall be designed
in a manner conforming to the original architectural design and general
appearance. j
I. Performance Standards. All business operations shall conform to the
performance standards established by this Section for the Planned Industrial
District provided that the performance standards shall be applied, and must be
complied with, at the boundaries of the lot on which the business operations take
place.
J. Maximum Business Establishment Size in PCD-1 Subdistricts. No use in the
PCD-1 subdistrict shall exceed 12,000 square feet of gross floor area or the lesser
850-94
City of Edina Land Use, Platting and Zoning 850.16
gross floor area as is imposed on the use by Subd. 2 of this Subsection 850.16.
K. Drive-In Uses. Except for the dispensing of motor fuels, drive-in uses shall not
be permitted. Nothing herein contained, however, prohibits accessory
drive-through facilities where permitted by this Subsection 850.16.
L. Automobile Service Centers and Gas Station Standards.
1. Minimum lot area:
a. for an automobile service center, 20,000 square feet, plus 5,000
square feet for each service bay in excess of three.
b. for a gas station, 15,000 square feet.
2. Maximum lot area: 60,000 square feet.
3. Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic
equipment shall be used and stored within a building.
4. Interior curbs of not less than six inches in height shall be constructed to
separate driving surfaces from sidewalks, landscaped areas and streets.
5. No automobile service station on a lot adjoining a lot in a residential
district shall be operated between the hours of 11:00 P.M. and 6:00 A.M.
6. All driving surfaces shall be constructed and maintained in the same
manner as prescribed for parking lots by this Section.
7. No merchandise shall be displayed for sale outside a building except in
that area within four feet of the building or within pump islands used for
dispensing motor fuels.
8. No motor vehicles except those owned by the operators and employees of
the principal use, and vehicles awaiting service, shall be parked on the lot
occupied by the principal use. Vehicles being serviced may be parked for a
maximum of 48 hours.
9. Body work and painting is prohibited.
10. No buildings, driveway surfaces, parking areas or other improvements
shall be located within 110 feet of any portion of a lot in a residential
district which is used for residential purposes if separated from the lot by a
street, or within 50 feet if not so separated by a street.
11. Pump islands shall maintain a front and side street setback of at least 20
850-95
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City of Edina Land Use, Platting and Zoning 850.17
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feet and an interior side yard and rear yard setback of at least 25 feet.
12. Notwithstanding the requirements of Subsection 850.08, driveways and
drive aisles need only provide a setback of not more than five feet from all
lot lines, subject to the requirements of subparagraph 10. of paragraph L. of
this Subd. 11.
M. Car Wash Standards.
1. A car wash shall be subject to the same standards as specified herein for
automobile service centers.
2. All waste water disposal facilities, including sludge, grit removal and
disposal equipment, must be approved by the Engineer prior to installation.
3. Not more than one point of ingress and one point of egress shall be
allowed from any one public street to the car wash.
N. Standards for Sexually-Oriented Businesses.
1. No sexually-oriented business shall be located closer than 500 feet from
any other sexually-oriented business or licenses day-care facility.
Measurements shall be made in a straight line, without regard to intervening
structures or objections, from the nearest point of the actual premises of the
sexually-oriented business or licenses day-care facility.
2. No sexually-oriented business shall be located closer than 500 feet from
any property in the R-1, R-2, PRD, PSR or MDD District, or any
residentially zoned property in the city adjoining the City. Measurements
shall be made in a straight line, without regard to intervening structures
objects, from the nearest point of the actual business premises of the j
sexually-oriented business to the nearest boundary of the R-1, R-2, PRD,
PSR, or MDD District.
850.17 Planned Industrial District (PID)
Subd. 1 Principal Uses.
A. All principal uses allowed in the Planned Office District.
B. Manufacturing, compounding, processing, packaging, treatment and assembly
of products and materials.
C. Scientific research, investigation, testing or experimentation.
850-96
City of Edina Land Use, Platting and Zoning 850.17
D. Warehousing of non-perishable products, if the products are owned by or
consigned to the owner of the principal use or its lessee, and further, if the owner
or lessee does not establish the principal use in the capacity of a carrier for the
purpose of a freight operation.
E. Businesses that provide a service to the consumer on the consumer's property
and not on the lot occupied by the principal use, including, but not limited to,
building contractors, plumbing contractors, swimming pool construction and
service companies and exterminating offices.
F. Blueprinting, Photostatting and printing shops.
G. Office equipment showrooms and repair services.
H. Mini-storage warehouses for storage of domestic supplies, recreational vehicles
and equipment and other private property, if the owner of the private property is
responsible for transporting the property to and from the principal use, and further,
if the owner of the principal use does not establish the use as a carrier for the
purpose of a freight operation.
I. Animal hospitals, but excluding establishments with outside runs.
Subd. 2 Accessory Uses.
A. Warehousing of products manufactured by the principal use.
B. Offices and administrative facilities.
C. Shipping and receiving spaces, mailing rooms and order pick-up facilities.
D. Cafeterias, educational facilities, vending services and recreational
establishments for persons employed by the business comprising the principal use.
E. Within buildings having office space comprising not less than 40,000 square
feet of gross floor area, ten percent of the gross floor area may be occupied by
retail uses allowed in the PCD-1 and PCD-2 Districts, if the accessory uses are
accessible only from the interior of the principal building and have no signs or
displays relative to it visible from the outside of the principal building.
F. Temporary retail sales pursuant to a permit issued in accordance with this
Subsection 850.17.
G. Off-street parking facilities.
H. Commercial kennels as defined in Subsection 300.01 of this Code which are
accessory to animals hospitals, but excluding kennels with outside runs.
Subd. 3 Requirements for Building Coverage, Setback and Height.
850-97
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City of Edina Land Use, Platting and Zoning 850.17
A. Minimum Tract Area. No tract of land shall be transferred to the Planned
Industrial District unless the tract measures at least ten acres in area or is
contiguous to other land in the Planned Industrial District.
B. Minimum Lot Area. Two acres.
C. Minimum Building Area. Each building shall have a gross floor area of not less
than 10,000 square feet.
D. Maximum Building Coverage.
1. Lots of less than three acres: 30 percent.
2. Lots of three acres or more: 45 percent.
a. may be increased to 60 percent if the total gross floor area on the
lot is contained within a single building and all portions of any loading
docks and berths are completely enclosed within the same single
building.
E. Maximum FAR: 0.5
1. May be increased to 0.6 for buildings which qualify for 60 percent
building coverage as provided in paragraph D of Subd. 3 of this Subsection
850.17.
F. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
50'* 50'* 20'* 20'*
* or the building height if greater.
G. Maximum Building Height. Four stories or 50 feet whichever is less.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Increased Front Street and Side Street Setbacks. The minimum setback from a
street shall be increased to 75 feet if the tract is located across the street from
property in a residential district used for residential purposes.
B. Increased Side Yard and Rear Yard Setbacks. The minimum setback from an
interior lot line shall be increased to 100 feet if the lot line adjoins property in a
residential district used for residential purposes.
850-98
City of Edina Land Use, Platting and Zoning 850.17
C. Temporary Retail Sales and Going out of Business Sales Permits.
1. The Manager may grant a permit for a temporary retail sale or going out
of business sale, if:
a. the temporary retail sale shall not exceed three consecutive days,
and the going out of business sale shall not exceed ten consecutive
days;
b. not more than two temporary retail sale permits may be issued to
any one person, firm, affiliate, subsidiary or building in a calendar
year, and further provided that the two permitted sales must occur at
least 60 days apart. Not more than one going out of business sale
permit may be issued to any one person, firm, affiliate or subsidiary
in a three-year period; and
c. an application for the permit must be filed with the Planner on
forms provided by the Planner not less than 30 days before the
beginning of the sale. The application shall be co-signed by the owner
of the lot or building and accompanied by an application fee as
specified in Section 185 of this Code.
2. The Manager shall not issue a permit without finding that:
a. the sale will not impair the safe movement of traffic in the vicinity
and will not impact surrounding residential areas;
b. adequate facilities for off-street parking are available;
c. all buildings housing the sale have adequate fire protection facilities
and ingress and egress for the public;
d. the sale will not conflict with other scheduled sales in the vicinity;
e. prior sales conducted by the applicant conformed to the
requirements of this Section; and
f. adequate personnel for public safety purposes will be provided by
the applicant.
3. Additional requirements:
a. all goods shall be displayed and sold within the principal building;
b. no goods may be shipped to the building or lot especially for the
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City of Edina Land Use, Platting and Zoning 850.17
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temporary retail sale or going out of business sale; and, if requested,
an inventory audit, spot check or verification of goods for sale shall be
given to the Manager within ten days before the sale; and
c. a permit granted and unused may be transferred to another day or
days by the Manager upon written request received by the Manager at
least ten days prior to the requested sale.
D. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building within the Planned Industrial District shall meet the
following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following materials:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture;
d. factory fabricated and finished metal framed panel construction if
the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
E. Restrictions, Controls and Design Standards. Uses which because of the nature
of their operation are accompanied by an excess of noise, vibration, dust, dirt,
smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual
features shall be considered as "excessive" when they either exceed or deviate from
the limitations set forth in the following performance specifications.
1. Noise. Noise shall be measured on any property line of the tract on
which the use is located. Noise shall be muffled so as not to become
objectionable due to intermittence, beat frequency, shrillness or intensity.
At the property line, the sound pressure level of noise radiated continuously
from a facility shall not exceed the decibel levels given in the following
table. The sound pressure level shall be measured with a sound level meter
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City of Edina Land Use, Platting and Zoning 850.17
and on an associated octave band analyzer, both of which shall be
manufactured according to current specifications prescribed by the
American Standard Association. Measurement shall be made using the flat
network of the sound level meter.
Octave Band Frequency Maximum
(Cycles Per Second) Decibel Level
20-75 65
76-150 60
151-300 55
301-600 46
601-1200 40
1201-2400 34
2401-4800 31
Over 4800 28
2. Vibration. No use shall at any time cause earth vibrations perceptible
beyond the limits of the tract on which the use is located.
3. Dust and Dirt. Solid or liquid particles shall not be emitted at any point
in concentrations exceeding 0.3 grains per cubic foot of the conveying gas
or air. For measurement of the amount of particles in gases resulting from
combustion, standard corrections shall be applied to a stack temperature of
500 degrees Fahrenheit and 50 percent excess air.
4. Smoke. Measurement shall be at the point of emission. The then most
recent Ringleman Smoke Chart published by the United States Bureau of
Mines shall be used for the measurement of smoke and is hereby adopted
and incorporated into this Section by reference and made a part of this
Section. Smoke not darker or more opaque than No. 1 on the chart may be
emitted. However smoke not darker or more opaque than No. 2 on the chart
may be emitted for periods not longer than four minutes in any 30-minute
period. These provisions, applicable to visible grey smoke, shall also apply
to visible smoke of a different color but with an equivalent apparent
opacity.
5. Odor. The use shall not, at any time, cause the discharge of toxic,
noxious or odorous matter beyond the confines of the principal building in
such concentrations as to be detrimental to or endanger the public health,
welfare, comfort or safety.
6. Glare. Glare, whether directed or reflected, such as from spotlights or
high temperature processes, and as differentiated from general illumination,
shall not be visible beyond the limits of the tract from which it originates.
7. Liquid Wastes. Liquid wastes containing any organic or toxic matter
850-101
City of Edina Land Use, Platting and Zoning 850.18
shall be discharged either into a public sanitary sewer or treated in a manner
prescribed by the Health Department. The rate of liquid waste discharged
into the City's sanitary sewerage system shall not exceed 200 gallons per lot
per hour between the hours of 9:00 A.M. and 12:00 noon.
In order to ensure compliance with the performance standards set forth above, the
Planner may require the owner or operator of any use to make, without cost to the
City, investigations and tests as the Planner deems necessary, to show adherence
to the performance standards. The investigations and tests shall be done by an
independent testing organization approved by the Planner.
F. Mini-Storage Warehouse Standards.
1. No doors through which personal property is loaded or unloaded shall be
located on a side of a building which faces a residential district.
2. In addition to the requirements in this subsection for temporary retail
sales permits, the following requirements shall apply:
a. no more than two temporary retail sale permits per principal
building, or per lot if there is more than one principal building on the
lot, shall be issued annually in accordance with the provisions of this j
paragraph; and
b. the permit shall be applied for only by the owner of the principal
i
building, the intention being that each lessee within the mini-storage
building shall not be eligible individually for a temporary retail sales
permit.
3. Only non-perishable and non-volatile products may be stored.
850.18 Regional Medical District (RMD)
Subd. 1 Principal Uses.
A. Hospitals.
B. Medical and dental offices and clinics.
C. Laboratories for performing medical or dental research, diagnostic testing,
analytical or clinical work, having a direct relationship to the providing of health
services, including, but not limited to, medical research, radiology, hematology,
serology, immunology, allergy, biochemistry, basal metabolism, microbiology, S
parasitology, pathology, histology, cytology, toxicology and pharmacology.
Laboratories engaged in the production or manufacture of goods or products for
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City of Edina Land Use, Platting and Zoning 850.18
commercial sale or distribution shall not be considered laboratories within the
meaning and intent of this paragraph.
Subd. 2 Accessory Uses.
A. Living quarters and recreational and educational facilities for nurses, interns,
staff members, hospital employees and volunteers, if the uses are located within or
are contiguous to the principal building.
B. Off-street parking facilities for ambulances, service trucks and automobiles
owned by tenants, employees, patients and visitors.
C. Within principal buildings having a gross floor area of 40,000 square feet or
more, ten percent of the floor area may be occupied by retail uses allowed in the
PCD-1 and PCD-2 subdistricts, if the primary function of the uses is to serve the
needs of occupants of, and visitors to, the principal use.
D. Helistops for use by helicopters involved in emergency rescue operations.
Subd. 3 Requirements for Building Coverage, Setbacks and Height.
A. FAR: 1.0.
B. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
C. Building Height. No maximum; height is determined by required setbacks.
D. Minimum Tract Area. No tract of land shall be transferred to the Regional
Medical District unless the tract measures at least ten acres in area or is contiguous
to other land in the Regional Medical District.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. All uses shall conform to the same requirements as are established by this
Section for the Planned Office District (POD).
B. All uses shall comply with the same standards for residual features as are
established by this Section for the Planned Industrial District (PID).
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City of Edina Land Use, Platting and Zoning 850.19
850.19 Automobile Parking District (APD)
Subd. 1 Principal Uses.
A. Parking lots.
B. Drive-through banking facilities.
Subd. 2 Conditional Uses.
A. Parking ramps and garages.
Subd. 3 Requirements for Setbacks.
A. Parking Lots.
Interior
Front Side Side Rear
Street Street Yard Yard
20' 20' 10' 10'
B. Parking Ramps, Garages and Other Structures.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. No parking ramp, garage or other structure, or any part thereof, shall be
located within 50 feet of the nearest lot line of any property in a residential district
used for residential purposes.
B. The front street or side street setback for parking ramps and garages, and other
structures, shall be increased to 50 feet when the ramp, garage or structure is
located across the street from a property in an R-1 District used for residential
purposes.
C. All exterior wall finishes of a parking ramp or garage shall be of materials that
are compatible with those of existing nearby structures and shall be one or a
combination of the following materials which shall be determined by the Council in
connection with the granting of a Conditional Use Permit:
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City of Edina Land Use, Platting and Zoning 850.20
1. Face brick.
2. Natural stone.
3. Specially designated precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture.
850.20 Heritage Preservation Overlay District (HPD)
Subd. 1 Purpose. The Council believes that the preservation of the buildings, lands,
areas and districts which possess historical or architectural significance will promote the
educational, cultural and general welfare of the residents of the City, and, therefore,
establishes the zoning classification to be known as the Heritage Preservation Overlay
District.
Subd. 2 Uses, Site Requirements. The transfer of land to the Heritage Preservation
Overlay District shall not change or affect, in any way, the uses allowed on, and the
restrictions and requirements then or thereafter applicable to, the land under any other
zoning classification in which the land is then or thereafter located, all of which shall
continue to apply; but the additional restrictions of the Heritage Preservation Overlay
District shall also apply to land once transferred to the Heritage Preservation Overlay
District.
Subd. 3 Procedure for Establishing Heritage Preservation Overlay District
Zoning. The transfer of land to the Heritage Preservation Overlay District shall be
accomplished pursuant to Subsection 850.04, Subd. 2, Paragraphs A. and E. However, the
Commission shall not review the petition and the Council shall not act on the petition until
it has received the report and recommendation of the Heritage Preservation Board pursuant
to Section 800 of this Code. In transferring any land to the Heritage Preservation Overlay
District, the interior appearance of any buildings then located on it shall also be deemed
subject to the permit requirements of this Subsection 850.20, unless in making the transfer
of any specific parcel of land into the Heritage Preservation Overlay District, the
amendment making such transfer specifically states that the interior of any one or more
buildings, specifying the same, is not subject to the permit requirements of this
Subsection.
Subd. 4 Filing of Transfer. After the transfer of any property to the Heritage
Preservation Overlay District, the Clerk shall file a certified copy of the amendment to this
Section 850 making such transfer with the office of the Register of Deeds or the Registrar
of Titles, whichever office is appropriate; but failure to file shall not affect the validity of
the transfer or the application of the provisions of this Subsection 850.20 to the property.
Subd. 5 Permit Required for Certain Work. A permit shall be required before any
of the following work is done on or to any land within a Heritage Preservation Overlay
District or in, on or to any improvements on it.
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City of Edina Land Use, Platting and Zoning 850.20
A. Any remodeling, repairing or altering that will change in any manner the
exterior appearance, or the interior appearance, of a building, unless the interior of
the building is not subject to the permit requirements of this Subsection 850.20 as
set out in the amendment transferring the land on which the building is situated to
the Heritage Preservation Overlay District.
B. Moving a building.
C. Destroying a building in whole or in part.
D. Changing the nature or appearance of the land.
E. Constructing a new building or any other structure or improvement.
Any work for which a permit is granted pursuant to this Subsection shall be subject to all
other requirements, including other permits required, for the work under other provisions
of this Code.
Subd. 6 Procedure for Obtaining Permit.
I
A. Application with Building Official. A permit applicant shall be the owner or
owners of the land or building upon which or to which the work is to be done. The
permit applicant shall make application for the permit required by Subd. 5 of this
Subsection 850.20 with the Building Official on forms provided by the Building
Official. The application shall be accompanied by the fee set forth in Section 185 of
this Code and shall contain at least the following information:
1. Description and address of the property;
2. Names of the owner or owners;
3. Plans for the work to be done under the permit, showing the same in
such reasonable detail as the Building Official shall require; and
4. If remodeling, repairing or altering is to be done, renderings or
pictures, showing the condition of the building or buildings after completion
of the proposed work.
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B. Submission to and Recommendations of Planner and Heritage Preservation
Board. The Building Official shall submit the application, with all required
information, to the Planner. The Planner shall make a report and recommendation
on the application to the Heritage Preservation Board, and the Heritage
Preservation Board, after making its findings pursuant to Section 800 of this Code,
shall make its recommendation to the Planner to approve or disapprove the
issuance of the permit. The Planner shall not authorize issuance of any permit
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City of Edina Land Use, Platting and Zoning 850.20
which the Heritage Preservation Board has disapproved.
C. Issuance of Permit. The Building Official shall issue the permit only upon
receipt of the approval of the Planner authorizing issuance of the permit.
D. Appeal by Applicant. If the Planner disapproves the issuance of the permit, the
applicant may appeal to the Board, pursuant to the provisions of Subsection
850.04, Subd. 1 relating to appeals of administrative decisions.
E. Hearing and Order by Board. The procedure for hearings and orders by the
Board on appeals made pursuant to this Subsection 850.20 shall be the same as for
other appeals of administrative decisions made under and pursuant to 850.04,
Subd. 1, except that notice of the hearing shall be given in the same manner as a
request for a variance, and shall also be given to the Heritage Preservation Board.
The decision of the Board may be appealed to the Council pursuant to the
provisions of Subsection 850.04, Subd. 1.
F. Hearing and Decision by Council. The procedure for hearings and decisions by
the Council for appeals made pursuant to this Subsection 850.20 shall be the same
as set out in Subsection 850.04, Subd. 1, except that notice of the hearing shall be
given in the same manner as a request for a variance, and shall also be given to the
Heritage Preservation Board.
Subd. 7 Maintenance of Historic Buildings and Structures. Every owner or person
in possession of a building situated on land in the Heritage Preservation Overlay District
shall keep in good repair all of the exterior portions of the building and all its interior
portions unless Subd. 3 of this Subsection 850.20 specifically states that the interior of
that building is not subject to the permit requirements of this Subsection 850.20.
However, the interior portions shall be maintained even if not otherwise required by this
Subsection where failure to maintain may cause or tend to cause the exterior portions of
the building to fall into a state of disrepair.
Subd. 8 Order to Repair, Remedies for Violation.
A. Inspection. Whenever it comes to the attention of the Building Official, by
written complaint of any person or agency, or otherwise, that a building violates
Subd. 7 of this Subsection 850.20, the Building Official, shall cause a preliminary
examination to be made of the building and premises. If it then appears that the
building violates Subd. 7 of this Subsection 850.20, the Building Official shall
cause a detailed inspection of the building to be made. Upon completion of the
inspection, if it appears that the building violates Subd. 7 of this Subsection, the
Building Official shall issue a written order to its owner or occupant requiring
repair.
B. Appeals. Any person who deems to be aggrieved by the order may appeal the
order to the Council by filing a written appeal with the Clerk within 30 days after
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City of Edina Land Use, Platting and Zoning 850.20
the order's date. The appeal shall fully state the order appealed from, the order's
date and the facts of the matter. When the appeal has been filed, the Building
Official shall make a written report and submit it to the Council. If no appeal is
filed within the 30-day period, the order shall be final.
C. Council to Call Hearing. The Council shall examine the report of the Building
Official, and if there is probable cause to believe that the building violates Subd. 7
of this Subsection 850.20, shall have the matter set for hearing.
D. Notice of Hearing. Notice of hearing shall be given in a form prescribed by the
Council. The form shall:
1. Set forth the street address and legal description sufficient for
identification of the premises upon which the building is located;
2. Contain a brief statement of the conditions mentioned in the report of
the Building Official which show probable cause to believe that the building
violates Subd. 7 of this Subsection 850.20;
3. State the date, hour and place of the hearing; and
4. Order all interested parties who desire to be heard in the matter to
appear before the Council to show cause why the building should not be
ordered repaired.
E. Hearing. The Council, at the hearing, shall hear and consider any evidence
offered by any person who is to be heard. The Council, at the end of the hearing,
at the same meeting or at a specified future meeting, shall make its decision, giving
its reasons, as to whether or not the building in question violates Subd. 7 of this
Subsection 850.20.
F. Order to Repair. If the Council determines that the building involved violates
Subd. 7 of this Subsection 850.20, it shall issue an order that the building or
structure be repaired. The order shall set forth the street address of the building
and a legal description of the premises sufficient for identification. It shall contain
a statement of the particulars which render the building in violation of Subd. 7 of
this Subsection, and a statement of the work required to be done. The order shall
state a reasonable time within which the work required must be begun, and shall
further specify a reasonable time within which the work shall be completed. The
time for completion may, by Council resolution, be extended for just causes upon
written application of any interested party.
G. Penalty for Disregarding the Order. If Council's order is not followed within
the time provided in the order, as extended, the City may make the necessary
repairs through its agents, employees or contractors. The City shall have a lien
against the property as of the date of filing a certified copy of the Council order or
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City of Edina Land Use, Platting and Zoning 850.21
other evidence, in the county office necessary to give constructive notice of the
lien. The lien shall be for all reasonable expenses incurred in making the repairs,
including administrative expenses and attorneys' fees, and including interest on all
expenses and fees from the dates incurred until paid at the same rate of interest as
is payable on unpaid fees and expenses due the City pursuant to Subsection 850.04,
Subd. 6. In addition, noncompliance shall be a violation of this Section, and the
provisions of Subsection 850.04, Subd. 9 shall apply.
850.21 Floodplain Overlay District (FD).
Subd. 1 Statutory Authorization, Findings of Fact and Purpose.
A. Statutory Authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes, Chapter 103F and Chapter 462, delegated the responsibility to
local government units to adopt regulations designed to minimize flood losses.
Therefore, the Council does adopt this Subsection 850.21.
B. Findings of Fact. In addition to the findings set forth in Subsection 850.01 of
this Code, it is hereby further found and declared that:
1. The flood hazard areas of the City are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety, and general
welfare.
2. This Subsection 850.21 is based upon a reasonable method of analyzing
flood hazards which is consistent with the standards established by the
Minnesota Department of Natural Resources.
3. Lands within floodplains, as hereafter defined, in the City, in their
natural state, are a valuable land resource.
4. Development within any such floodplain must be regulated on the basis
of, and with full consideration of, the impact on the whole of that floodplain
and on the watercourses and water bodies of that floodplain.
5. Such lands are or may be subject to loss or impairment of value and
physical degradation through uncoordinated and unplanned development.
6. Such lands are necessary and desirable to avoid rapid runoff of surface
waters, to prevent polluting materials from being carried directly into the
watercourse or water body, to preserve adequate ground water infiltration,
to protect surface and ground water supplies, and to minimize the
possibility of periodic flooding.
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City of Edina Land Use, Platting and Zoning 850.21
C. Statement of Purpose. It is the purpose of this Subsection 850.21 to guide and
regulate the orderly development of such lands to ensure maintenance and
preservation, in their natural state, of needed and desirable natural water storage
areas, and watercourses and water bodies and their shorelines and adjacent
vegetation and topography and to minimize the possibility of, and pollution and
losses resulting from, runoff and flooding, all thereby to promote and protect the
public health, safety and general welfare.
Subd. 2 Definitions. The words and phrases used in this Subsection 850.21 shall be
subject to the rules of construction and definitions in Subsection 850.03 and, to the extent
defined below, shall have the following meanings for purposes of this Subsection:
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor or base
below ground level on all four sides, regardless of the depth of excavation below
ground level. This definition shall apply only to this Floodplain Overlay District
Subsection and, for purposes of this Subsection, this definition shall control over
the definition in Subsection 850.03.
Channel. A natural or artificial depression of perceptible extent, with definite
beds and banks to confine and conduct, either continuously or periodically, the
waters in the respective creeks of Nine Mile Creek and Minnehaha Creek.
Commissioner. The Commissioner of Natural Resources of the State of
Minnesota.
i
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are capable
of conveying a proportionate share of flood flows.
Flood or Flooding. A temporary increase in the flow or stage of a stream or in the
stage of a wetland or lake that results in the inundation of normally dry areas.
Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
Flood Fringe. That portion of the floodplain outside of the floodway. Flood fringe
is synonymous with the term "floodway fringe" used in the Flood Insurance Study
prepared for the City by the Federal Insurance Administration dated November,
1979.
Floodplain. The beds proper of, and the areas adjoining, a wetland, lake or
850-110
City of Edina Land Use, Platting and Zoning 850.21
watercourse which have been or hereafter may be covered by the regional flood.
The floodplain includes the floodway and the flood fringe.
Floodplain District or Floodplain Overlay District. A zoning district, the
boundaries of which coincide with the boundaries of the floodplain. The floodplain
district includes the floodway and the flood fringe.
Floodplain Districts. The Floodplain District, the Floodway District, and the
Flood Fringe District.
Flood-proofing. A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining floodplain which are reasonably required to carry or
store the regional flood discharge.
Map. The Official Flood Plain Zoning Map herein described.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, material, equipment, or matter in, along, across,
or projecting into any channel, watercourse, or floodplain which may impede,
retard, or change the direction of the flow of water, either by itself or by catching
or collecting debris carried by such water.
Principal Use or Structure. All uses or structures that are not accessory uses or
structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban area,
the segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used
in the Flood Insurance Study prepared for the City by the Federal Insurance
Administration dated November, 1979.
Regulatory Flood Protection Elevation. An elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the floodplain; the elevation to which uses regulated
by this Subsection 850.21 are required to be elevated or floodproofed.
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City of Edina Land Use, Platting and Zoning 850.21
Structure. As defined in Subsection 850.03.
Variance. A modification of a specific permitted development standard required by
an applicable section of this Code, including this Subsection 850.21, to allow an
alternative development standard not stated as acceptable in the applicable section
of this Code, but only as applied to a particular property for the purpose of
alleviating an undue hardship, as defined and elaborated upon in Subsection
850.04.
Subd. 3 General Provisions.
A. Lands to Which Subsection Applies. This Subsection 850.21 shall apply to all
lands within the jurisdiction of the City shown on the Official Floodplain Zoning
Map (hereinafter described) and the attachments thereto as being located within the
boundaries of the Floodway or Flood Fringe Districts.
B. Establishment of Official Floodplain Zoning Map. The Map, a composite copy
of which, reduced in size, is appended to this Code, and with all explanatory
information thereon, is hereby adopted by reference and declared to be a part of
this Code and is hereby designated as the Official Floodplain Zoning Map. The
Map is based upon (i) the Nine Mile Creek Watershed District Plan and
Management Profile; (ii) the Flood Insurance Study dated November 1979
prepared for the City by the Federal Insurance Administration; (iii) the Flood
Insurance Study dated March 16, 1981 prepared for the City of Bloomington by the
Federal Insurance Administration; (iv) the Flood Boundary and Floodway Maps
dated May 1, 1980 prepared for the City by the Federal Insurance Administration;
(v) the Flood Boundary and Floodway Maps dated September 16, 1981 prepared
for the City of Bloomington by the Federal Insurance Administration; (vi) the
Flood Insurance Rate Maps dated May 1, 1980, prepared for the City by the
Federal Insurance Administration; and (vii) the Flood Insurance Rate Maps dated
September 16, 1981, prepared for the City of Bloomington by the Federal
Insurance Administration. The Map, and all of the above referenced profiles,
studies and maps are on file in the office of the Planner.
C. Interpretation.
1. Minimum Requirements. In their interpretation and application, the
provisions of this Subsection 850.21 shall be held to be minimum
requirements and shall be liberally construed in favor of the City and shall
not be deemed a limitation or repeal of any other powers granted or created
by applicable ordinances or State Law.
2. Determining Boundaries. The boundaries of the floodplain districts shall
be determined by scaling distances on the Map. Where interpretation is
needed as to the exact location of the boundaries of any district as shown on
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City of Edina Land Use, Platting and Zoning 850.21
the Map, as for example where there appears to be a conflict between a
mapped boundary and actual field conditions, and there is a formal appeal
of the decision of the Planner, the Board shall make the necessary
interpretation based on elevations on the regional flood profile and other
available technical data. Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to present their case to
the Board and to submit technical evidence.
3. Abrogation and Greater Restrictions. It is not intended by this
Subsection 850.21 to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Subsection imposes
greater restrictions, the provisions of this Subsection shall prevail.
D. Warning and Disclaimer of Liability. This Subsection 850.21 does not imply
that areas outside the floodplain districts or land uses permitted within such
districts will be free from flooding or flood damages. This Subsection shall not
create liability on the part of the City or any officer, official, or employee thereof
for any flood damages that result from reliance on this Subsection or any City
action taken or administrative, Board, Commission, or Council decision lawfully
made hereunder.
E. Other Zoning Districts and Provisions. The inclusion of land within the
Floodplain Overlay District shall not change or affect, in any way, the uses
allowed on, and the restrictions and requirements then or thereafter applicable to,
the land under any other zoning classification in which the land is then or thereafter
located, all of which shall continue to apply, but the additional restrictions of the
Floodplain Overlay District shall also apply to such land. Where the provisions in
this Subsection 850.21 are inconsistent with or contradictory to the provisions in
any other section of this Code, then the most stringent provisions shall apply and
be complied with.
Subd. 4 Establishment of Zoning Districts.
A. Districts.
1. Floodplain District (FD). The Floodplain District includes those areas
designated as floodway and flood fringe on the Map.
2. Floodway District (FW). The Floodway District includes those areas
designated as floodway on the Map.
3. Flood Fringe District (FF). The Flood Fringe District includes those
areas designated as flood fringe on the Map.
B. Compliance. No structure wholly or partially within the Floodplain District
shall be hereafter located, extended, converted, or structurally altered, and no use
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City of Edina Land Use, Platting and Zoning 850.21
of any land wholly or partially within the Floodplain District shall hereafter be
changed without full compliance with the terms of this Subsection 850.21, and
other applicable regulations which apply to structures or uses within the
jurisdiction of this Code. Within the Floodway and Flood Fringe Districts, all uses
not listed as permitted uses or conditional uses in Subd. 5 and Subd. 6 of this
Subsection 850.21, respectively, shall be prohibited. Without limiting the
generality of the foregoing, land use shall be deemed to have changed when any
utilities are installed in, or any road or structure is placed on, the land. In addition,
the following provisions shall apply:
1. New manufactured homes and replacement manufactured homes are
subject to the general provisions of this Section 850 and specifically Subd. 9
of this Subsection 850.21.
2. A building, structure or use which does not comply with the
requirements of this Subsection 850.21 shall be non-conforming, and shall
be subject to the restrictions and regulations applicable to other
non-conforming uses and non-conforming buildings, whichever is
applicable, as set out in Subsection 850.07.
3. As-built elevations for elevated or floodproofed structures must be
certified by ground surveys, and floodproofing techniques must be designed
and certified by a registered professional engineer, architect or land
surveyor as stated in paragraph H. of Subd. 10 of this Subsection 850.21.
4. Mobile homes and mobile home parks, and travel trailers and travel
vehicles, are prohibited in the Floodplain District.
5. Garbage or waste disposal sites or systems are prohibited in the
Floodplain District.
6. Storage or processing of materials or equipment that are, in time of
flooding, flammable, explosive or potentially injurious to human, animal or
plant life is prohibited in the Floodplain District.
Subd. 5 Floodway District (FV).
i
A. Permitted Uses. The following uses are permitted in the Floodway District if
they comply with the standards set out in paragraph B. of this Subd. 5.
1. Horticulture, forestry, sod farming, and wild crop harvesting.
2. Industrial-commercial loading areas and parking areas.
3. Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, swimming areas, parks, wildlife and nature
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City of Edina Land Use, Platting and Zoning 850.21
preserves, fish hatcheries, fishing areas, and single or multiple purpose
recreational trails.
B. Standards for Floodway District Permitted Uses.
1. The use shall be a permitted use in the underlying zoning district
established by this Section 850.
2. The use shall not obstruct flood flows or increase flood elevations, and
shall not involve structures, fill, obstructions, excavations or storage of
materials or equipment.
3. The use shall not involve or employ any structures located in the
floodway.
4. The use shall have received all required approvals from all other
governmental bodies having jurisdiction.
C. Conditional Uses. The following uses are conditional uses in the Floodway
District and shall be allowed only if they comply with the standards set out in
paragraph D. of this Subd. 5 and then only pursuant to the issuance of a conditional
use permit:
1. Extraction and storage of fill, dredge spoil, sand, gravel, and other
similar materials.
2. Railroads, streets, bridges, utility transmission lines, and pipelines.
3. Placement of fill.
4. Structural works for flood control such as levees, dikes and floodwalls
constructed to any height where the intent is to protect individual structures,
and levees or dikes where the intent is to protect agricultural crops from a
frequency flood event equal to or less than the 10-year frequency flood
event.
D. Standards for Floodway District Conditional Uses.
1. No fill (including fill for roads and levees), deposit, obstruction, or other
uses, shall be allowed as a conditional use if such use will cause any
increase in the stage of the regional flood or cause an increase in flood
damages in the reach or reaches affected.
2. All floodway conditional uses shall be subject to the procedures and
standards contained in Subd. 10 of this Subsection 850.21.
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City of Edina Land Use, Platting and Zoning 850.21
3. The conditional use shall be a permitted use or a conditional use in the
underlying zoning district established by this Section 850.
4. Fill, sand and gravel:
a. fill, dredge spoil and all other similar materials deposited or
stored in the floodway shall be protected from erosion by vegetative
cover, mulching, riprap or other methods acceptable to the Planner.
b. dredge spoil sites and extraction and storage of sand, gravel and
other materials shall not be allowed in the floodway unless a
long-term site development plan is submitted to and approved by the
Planner which includes an erosion/ sedimentation prevention
element to the plan. Compliance with such approved plan shall be a
condition to any conditional use permit issued.
5. The use shall not involve or employ any structures located in the
floodway.
6. The storage or processing of materials and equipment in the floodway is
prohibited.
7. Structural works for flood control that will change the course, current or
cross-section of protected wetlands or public waters shall be subject to the
provisions of M.S. 103.
8. Structural works intended to remove areas from the floodplain shall
not be allowed in the floodway.
9. A levee, dike or floodwall constructed in the floodway shall not cause an
increase to the regional flood, and any technical analysis submitted to the
City to evidence lack of such an increase must assume equal conveyance or
storage loss on both sides of a stream.
10. No conditional use shall be allowed unless such use has received all
required approvals from all other governmental bodies having jurisdiction.
Subd. 6 Flood Fringe District (FF).
A. Permitted Uses. Permitted uses shall be those uses of land or structures listed as
permitted uses in the underlying zoning districts established by this Section 850.
All permitted uses shall comply with the standards in paragraphs B. and E. of this
Subd. 6.
B. Standards for Flood Fringe District Permitted Uses.
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City of Edina Land Use, Platting and Zoning 850.21
1. All structures, including accessory structures, must be elevated on fill so
that the lowest floor including the basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than one foot below the regulatory flood
protection elevation and the fill shall extend at such elevation at least 15 feet
beyond the outside limits of the structure erected thereon.
2. As an alternative to elevation on fill, accessory structures that constitute
a minimal investment and that do not exceed 500 square feet for the outside
dimension at ground level may be internally floodproofed to the FP-3 or
FP-4 flood proofing classification in the Building Code then being enforced
in the City.
3. The cumulative placement of fill which results, at any one time, in excess
of 1,000 cubic yards of fill being located on the parcel shall be allowable
only as a conditional use, unless said fill is specifically intended to elevate a
structure in accordance with paragraph 1. of this Subd. 6.
4. The storage of any materials or equipment shall be elevated on fill to the
regulatory flood protection elevation.
5. The provisions of paragraph E. of this Subd. 6 shall apply.
C. Conditional Uses. Any structure that is not elevated on fill or floodproofed in
accordance with subparagraphs B.1. or B.2. of this Subd. 6, or any use of land that
does not comply with the standards in subparagraphs B.3. or B.4. of this Subd. 6,
shall only be allowable as a conditional use. All flood fringe conditional uses shall
be subject to the procedures and standards contained in paragraphs D. and E. of
this Subd. 6, and in paragraph H. of Subd. 10 of this Subsection 850.21.
D. Standards for Flood Fringe District Conditional Uses.
1. Methods other than the use of fill may be used to elevate a structure's
lowest floor above the regulatory flood protection elevation. These
alternative methods may include the use of such things as stilts, pilings and
parallel walls, or above-grade, enclosed areas such as crawl spaces or
tuck-under garages. The base or floor of an enclosed area shall be
considered above-grade and not a structure's basement or lowest floor if: (i)
the enclosed area is above-grade on at least one side of the structure; (ii) it
is designed to internally flood and is constructed with flood resistant
materials; and (iii) it is used solely for parking of vehicles, building access
or storage. The above-noted alternative elevation methods are subject to the
following additional standards:
a. Design and Certification. The structure's design and as-built
condition must be certified by a registered professional engineer or
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City of Edina Land Use, Platting and Zoning 850.21
architect as being in compliance with the general design standards of
the Building Code, and specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities are at or above the regulatory flood protection
elevation or that the structure is designed and has been constructed
so as to prevent flood water from entering or accumulating within
the structure during times of flooding.
b. Specific Standards for Above-grade, Enclosed Areas. Above -
grade, fully enclosed areas such as crawl spaces or tuck-under
garages must be designed to internally flood and the design plans
must stipulate:
(i) the minimum area of openings in the walls where
internal flooding is to be used as a flood proofing
technique. When openings are placed in a structure's
walls to provide for entry of flood waters to equalize
pressures, the bottom of all openings shall be no
higher than one-foot above grade. Openings may be
equipped with screens, louvers, valves, or other
coverings or devices, provided that they permit the
automatic entry and exit of flood waters.
(ii) that the enclosed area will be designed of flood
resistant materials in accordance with the FP-3 or
FP-4 classifications in the Building Code, and shall be
used solely for building access, parking of vehicles or
storage.
2. Basements shall be subject to the following:
a. residential basement construction shall not be allowed below the
regulatory flood protection elevation.
b. non-residential basements may be allowed below the regulatory
flood protection elevation, provided the basement is structurally dry
by being floodproofed in accordance with subparagraph 3. of
paragraph D. of this Subd. 6.
3. All areas of non-residential structures, including basements, to be placed
below the regulatory flood protection elevation shall be floodproofed in
accordance with the structurally dry floodproofing classifications in the
Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2
floodproofing classification in the Building Code, which shall require
making the structure watertight with the walls substantially impermeable to
the passage of water and with structural components having the capability of
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City of Edina Land Use, Platting and Zoning 850.21
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures floodproofed only to the FP-3 or FP-4 classification in the
Building Code shall not be permitted.
4. When at any one time more than 1,000 cubic yards of fill or other similar
material is located on a parcel for such activities as on-site storage,
landscaping, sand and gravel operations, landfills, roads, dredge spoil
disposal or construction of flood control works, an erosion/sedimentation
control plan must be submitted to and approved by the Planner. The plan
must clearly specify methods to be used to stabilize the fill on site for a
flood event of at least the regional flood event. The plan must be prepared
and certified by a registered professional engineer or other qualified
individual acceptable to the Planner. The plan may incorporate alternative
procedures for removal of the material from the floodplain if adequate flood
warning time exists. Compliance with such approved plan shall be a
condition to any conditional use permit issued.
5. Storage of Materials and Equipment:
a. the storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to human,
animal, or plant life is prohibited.
b. storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood
warning and in accordance with a plan approved by the Planner.
6. The provisions of paragraph E. of this Subd. 6 shall also apply.
E. Standards Applicable to All Flood Fringe District Uses:
1. All principal structures constructed, erected or placed in the flood fringe
after the effective date of this Section must have vehicular access at or
above an elevation not more than two feet below the regulatory flood
protection elevation. If a variance to this requirement is granted, the Board
must specify limitations on the period of use or occupancy of the structure
during times of flooding and only after determining that adequate flood
warning time and local flood emergency response procedures exist.
2. Accessory commercial uses of land, such as yards, railroad tracks, and
parking lots, may be at elevations lower than the regulatory flood protection
elevation. However, a permit allowing such facilities to be used by
employees or the general public shall not be granted unless there is a flood
warning system that will provide adequate time for evacuation if the area is
about to be inundated to a depth greater than two feet or to be subject to
flood velocities greater than four feet per second.
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City of Edina Land Use, Platting and Zoning 850.21
3. For manufacturing and industrial uses measures shall be taken to
minimize interference with normal plant operations, especially along
streams having protracted flood durations. Accessory land uses such as
yards and parking lots may be at lower elevations than the regulatory flood
protection elevation, subject to requirements set out in subparagraph 2. of
paragraph E. of this Subd. 6.
4. Fill allowed by this ordinance shall be properly compacted and the slopes
shall be properly protected by the use of riprap, vegetative cover or other
method acceptable to the Planner.
5. Floodplain developments shall not adversely affect the hydraulic capacity
of the channel and adjoining floodplain of any tributary watercourse or
drainage system where a floodway or other encroachment limit has not been
specified on the Map.
6. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable State or City anchoring requirements for resisting
wind forces.
7. No use shall be allowed as a permitted or conditional use unless such use
has received all required approvals from all other governmental bodies
having jurisdiction.
Subd. 7 Subdivisions. No land shall be platted or subdivided, as defined in Section
810 of this Code, which is determined by the City to be unsuitable for platting or
subdivision by reason of potential flooding, inadequate drainage, water supply or sewage
treatment facilities. Each lot within the Floodplain District shall contain a building site at
or above the regulatory flood protection elevation. All plats and subdivisions shall have
water and sewage treatment facilities that comply with the provisions of this and other
applicable provisions of this Code. All plats and subdivisions shall have road access both
to the plat and subdivision and to the individual building sites no lower than two feet
below the regulatory flood protection elevation. For all subdivisions in the Floodplain
District, the regulatory flood protection elevation and the required elevation of all access
roads shall be clearly labeled on all required subdivision maps, surveys and documents
submitted to the City, and also, to the extent permitted by law, on those recorded or filed
with Hennepin County.
Subd. 8 Public Utilities, Railroads, Roads and Bridges.
A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer,
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City of Edina Land Use, Platting and Zoning 850.21
and water supply systems now or hereafter located in the floodplain shall be
floodproofed in accordance with the City's Building Code or elevated to above the
regulatory flood protection elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges now or
hereafter located in the floodplain shall comply with Subd. 5 of this Subsection
850.21 if in the Floodway District, and with Subd. 6 of this Subsection 850.21 if in
the Flood Fringe District. Elevation to the regulatory flood protection elevation
shall be provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor or auxiliary roads or
railroads may be constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or safety.
C. On-site Sewage Treatment and Water Supply Systems. New or replacement
water supply systems or sanitary sewerage systems must be designed to minimize
or eliminate infiltration of flood waters into such systems. Sanitary sewerage
systems must be designed to minimize or eliminate discharges from such systems
into flood waters. On-site waste disposal systems must be located to avoid
impairment to them or contamination from them during flooding. Any sewage
treatment system designed in accordance with the State's current statewide
standards for on-site sewage treatment systems shall be determined to be in
compliance with this Subsection 850.21. Where a public sanitary sewer line, or
public water line, is available to serve the parcel where the on-site sewage
treatment or water supply system is located, the on-site systems shall be
discontinued and connection shall be made pursuant to Section 445 of this Code.
Subd. 9 Manufactured Homes.
A. The placement of new or replacement manufactured homes in the Flood Fringe
District will be treated as a new structure and may be placed only if elevated in
compliance with Subd. 6 this Subsection 820.21.
B. All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable State or City
anchoring requirements for resisting wind forces.
Subd. 10 Administration.
A. Planner. The Planner shall administer and enforce this Subsection 850.21.
B. Permits and Variances Required; Grounds for Variances. A conditional use
permit or variance shall be applied for and obtained pursuant hereto prior to the
construction, erection, addition, alteration or change of use of any obstruction
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City of Edina Land Use, Platting and Zoning 850.21
wholly or partly in the Floodplain District which is not a permitted use or which
does not comply with all the requirements of this Subsection 850.21, and prior to
the change of use of any land, which use is wholly or partly in the Floodplain
District which is not a permitted use or which does not comply with all of the
requirements of this Subsection 850.21. Variances may be granted only in the event
that strict enforcement of the literal provisions of this Subsection 850.21 will cause
undue hardship because of circumstances unique to the individual property under
consideration, and only if the action allowed by such variance will be in keeping
with the spirit and intent of this Section 850. Undue hardship shall have the same
meaning, and shall be interpreted in the same way, as in Subd. 1 of Subsection
850.04.
C. Applications for Conditional Use Permits and Variances. Applications for
conditional use permits and variances under this Subsection 850.21 shall be made,
in duplicate, by the owner or owners of the land, to the Planner, on forms
furnished by the Planner, and shall be accompanied initially by such of the
following information, data and plans as is deemed necessary by the Planner for
determining compliance with this Subsection 850.21, evaluating the application and
determining the effects of the proposed activity on the creek, marshes, wet areas
and water bodies in the Floodplain District and the suitability of the particular site
for the proposed improvement, use, obstruction or variance. The application shall
also be accompanied by the fee set forth in Section 185 this Code.
1. For a Variance:
a. plans, including a survey by a Minnesota registered land
surveyor, in duplicate, drawn to scale, showing the nature, location,
dimensions, and elevation of the lot, existing and proposed
obstructions, the relationship of the lot and existing and proposed
obstructions to the location of the channel, marshes, wet areas and
water bodies, surface water drainage plans and floodproofing
measures.
b. a receipt, signed by the applicant, of a notice from the Planner
stating, essentially, that (i) the issuance of a variance to construct a
structure below the level of the regional flood will result in
increased premium rates for flood insurance up to as much as $25.00
for each $100.00 of insurance coverage, and (ii) such construction
below the level of the regional flood increases risks to life and
property.
2. For a Conditional Use Permit:
a. plans and survey as required for a variance, but to be submitted
in triplicate.
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City of Edina Land Use, Platting and Zoning 850.21
b. a valley cross-section showing the channel of the stream,
elevation of land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the proposed development,
high water information, all drainage areas, all land forms and
adjacent marshes, wet areas and water bodies.
c. plans (surface view), including a survey by a Minnesota
registered land surveyor, showing elevations or contours of the
ground, pertinent obstruction elevations, size, location, and spatial
arrangement of all proposed and existing obstructions on the lot,
location and elevations of streets, water supply and sanitary
facilities, photographs showing existing land uses and vegetation
upstream and downstream, and soil types.
d. profile showing the slope of the bottom of the channel or flow
line of the stream.
e. specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel improvement,'
storage of materials, water supply (including withdrawal and
discharge of ground and surface water) and sanitary facilities.
f. description of the water quality if other than a municipal water
system is used, maximum yearly withdrawal of ground water, and
the impact on the receiving creek, marsh, wet area or water body of
discharged surface and ground water.
g. statement of the private and public benefits anticipated from the
proposed activity, the alternatives to the proposed activity, the effect
of the proposed activity on the capacity of the floodplain and on
flood heights, and the adverse effect, if any, on the floodplain and
the creek, marshes, wet areas and water bodies in the floodplain
which cannot be avoided if the special permit or variance is granted.
D. Submission of Application.
1. For a Conditional Use Permit. Within 45 days after receipt of the
application for a conditional use permit, fee and initial information
requested, the Planner shall review the application and submit it to the
Engineer, and to the Nine Mile Creek Watershed District or the Minnehaha
Watershed District, whichever district is appropriate, and, with his report,
to the Commissioner.
2. For a Variance. Within 45 days after receipt of the application for a
variance, fee and initial information requested, the Planner shall review the
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City of Edina Land Use, Platting and Zoning 850.21
application and submit it to the Engineer, the Nine Mile Creek Watershed
District or the Minnehaha Watershed District, whichever district is
appropriate, and, with his report, to the Board.
E. Issuance of Conditional Use Permit. Upon approval of the application therefor
by the Council, the Planner shall issue the conditional use permit. However, prior
to issuance of the permit, the Planner shall determine that the applicant has
obtained all necessary State and federal permits for the conditional use.
F. Issuance of Variance; Reports. Upon approval of the application therefor by the
Board, or the Council upon any appeal of a decision of the Board, the Planner shall
issue the variance. However, prior to issuance of the variance, the Planner shall
determine that the applicant has obtained all necessary State and federal permits for
the obstruction or use allowed by the variance.
G. Recommendation of, and Technical Assistance from, Watershed District. The
Planner, Board, Commission or Council shall, at any time and relative to each
application, use or obstruction, transmit the information received to the appropriate
watershed district for advice, recommendations or technical assistance as to the
hydrological effect or general impact of any such application, use or obstruction on
the floodplain, flood heights, flood velocities or as to the seriousness of flood
damage to the use, the adequacy of plans for protection, compliance with this
Subsection 850.21 or other technical matters. The Planner, Board, Commission or
Council shall withhold decision on granting or allowing any conditional use permit,
variance use or obstruction until such advice, recommendations or assistance are
received.
H. Certificate of Zoning Compliance. Upon completion of any work or project
pursuant to a conditional use permit or variance granted pursuant to this Subsection
850.21, and prior to the use or occupancy of the land or obstruction permitted by
the conditional use permit or variance, a certificate of zoning compliance shall be
issued therefor by the Planner stating that the use of the land or obstruction
conforms to the requirements of this Subsection 850.21. Prior to issuance of such
certificate, the applicant therefor shall submit a certification by a registered
professional engineer, architect or land surveyor, as appropriate, that the permitted
obstructions, including, but not limited to, finished fill and building floor
elevations, flood proofing or other flood protection measures, have been completed
in compliance with the provisions of this Subsection and in compliance with the
information given to the City in connection with the application for the conditional
use permit or variance.
I. Records of Elevation. The Building Official shall maintain a record of the
elevation of the basement floor, or first floor if there is no basement, of all
structures constructed or placed in the Floodplain District from and after April 23,
1980, and of all additions made after April 23, 1980 to structures in the Floodplain
District as of April 23, 1980. The Building Official shall also maintain a record of
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City of Edina Land Use, Platting and Zoning 850.21
the elevations to which such structures or such additions to structures are
floodproofed.
J. Variance Records; Reports. The Planner shall maintain a record of all variance
actions, including justification for their issuance and including a copy of the notice
referred to at subparagraph I.b. of paragraph C. of this Subd. 10. A report of
variances issued shall be included in the City's annual or biennial report to the
Administrator of the National Flood Insurance Program.
Subd. 11 Powers and Duties of Zoning Board of Appeals, Procedures for Variances
and Appeals, Conditional Use Permits.
A. Zoning Board of Appeals.
1. Powers and Duties. The Board shall hear and decide all appeals in which
it is alleged there is an error in any order, requirement, decision or
determination made by an administrative officer in the enforcement of this
Subsection 850.21, and all requests for variances in connection with this
Subsection, in the same manner, including notices, as it hears and decides
appeals and requests for variances under Subsection 850.04, except as
otherwise herein provided.
2. Procedure for Variances. After receipt by the Board of the report of the
Planner, together with the application for a variance and initial information
requested by the Planner, the Board shall hear and decide upon such
application in the same manner, including notices, as it hears and decides
upon variances under Subsection 850.04, except:
a. no variance shall have the effect of permitting a residential
structure to be at a lower elevation than the regulatory flood
protection elevation for the individual property under consideration;
b. no variance shall have the effect of permitting a non-residential
structure to be at a lower elevation than the regulatory flood
protection elevation for the individual property under consideration
unless such structure is floodproofed to the FP-1 or FP-2
classification in the Building Code;
c. no variance shall allow standards or criteria lower than those
required by applicable State Law; and
d. in deciding upon any variance the Board shall also consider the
policies and purposes of this Subsection 850.21 and all of the
applicable standards and conditions set out in this Subsection, and
the degree of conformity with such standards and conditions as will
result if the variance is granted.
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City of Edina Land Use, Platting and Zoning 850.21
3. Procedure for Appeals. Appeals to the Board shall be made and acted
upon by the Board, and, if appealed to the Council, such appeal shall be
made, and shall be heard and acted upon, by the Council in accordance with
the provisions, including notices, of Subsection 850.04, relative to the
subject matter of the appeal.
B. Conditional Use Permits, Factors to Consider.
1. Planning Commission. The Commission shall hear all requests for
conditional use permits under this Subsection 850.21, and shall make its
recommendation to the Council, in the same manner, including notices, as it
hears and reviews applications for conditional use permits under Subsection
850.04.
2. Council. The Council shall hear all requests for conditional use permits
under this Subsection 850.21, and shall make its decision thereon, in the
same manner, including notices, and subject to the same requirements and
conditions, as it hears and decides upon applications for conditional use
permits under Subsection 850.04.
3. Factors to Consider. In granting conditional use permits under this
Subsection 850.21, the Council shall consider all relevant factors, including
those in this Section, and including the following:
a. the danger to life and property due to increased flood heights or
velocities caused by encroachments.
b. the danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges,
culverts or other hydraulic structures.
c. the proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
d. the susceptibility of the proposed use and its contents to flood
damage and the effect of such damage on the individual owner.
e. the importance of the services provided by the proposed use to the
community.
f. the requirements of the use for a waterfront location.
g. the availability of alternative locations not subject to flooding for
the proposed use.
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City of Edina Land Use, Platting and Zoning 850.21
h. the compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
i. the relationship of the proposed use to the Comprehensive Plan
and floodplain management program for the area.
j. the safety of access to the property in times of flood for ordinary
and emergency vehicles.
k. the expected heights, velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
C. Conditions Attached to Conditional Use Permit.
1. The Board, and the Council on appeal, may attach such conditions to the
granting of variances as the Council or Board deems necessary to fulfill the
purposes of, and ensure compliance with, this Subsection 850.21 and other
applicable sections of this Code.
2. The Commission may recommend, and the Council may impose, such
conditions to the granting of the conditional use permit as the Council is
empowered to impose on conditional use permits under Subsection 850.04,
including the following:
a. modification of waste treatment and water supply facilities.
b. limitations on period of use, occupancy, and operation.
c. imposition of operational controls, sureties, and deed restrictions.
d. requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective measures..
e. floodproofing measures, in accordance with the Building Code
and this Subsection 850.21. The applicant shall submit a plan or
document certified by a registered professional engineer or architect
that the flood proofing measures, as completed, are consistent with
the regulatory flood protection elevation and associated flood factors
for the particular area.
f. compliance with any plan approved by the Planner or Council for
storage or removal of any materials or equipment, or for prevention
of erosion or sedimentation.
D. Notice of Hearing Given to Commissioner, Conditional Use Permits and
Variances Forwarded to Commissioner and Watershed Districts. The Planner shall
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City of Edina Land Use, Platting and Zoning 850.21
give mailed notice to the Commissioner of each hearing for a conditional use
permit or variance under this Subsection 850.21, together with a copy of the
application for the conditional use permit or variance, not less than ten days before
the date of hearing. Also, a copy of each conditional use permit or variance issued
or granted shall be forwarded to the Commissioner within ten days after issuance
or granting thereof.
E. Lapse of Conditional Use Permit or Variance by Nonuser, Extension of Time.
1. If within one year after the date of the meeting at which the conditional
use permit was granted or issued, or after the date of the meeting of the
Board, or the Council on appeal, at which the variance was granted, the
owner or occupant of the affected land shall not have obtained a building
permit, if one is required, and commenced the work authorized by such
conditional use permit or variance, then the conditional use permit or
variance shall become null and void unless a petition for an extension of
time in which to commence such work has been granted, as provided
herein.
2. The petition for extension:
a. shall be in writing, and filed with the Planner within said one year
period;
b. shall state facts showing a good faith attempt to use the
conditional use permit or variance; and
c. shall state the additional time requested to commence such work.
The petition, if it relates to a conditional use permit, shall be heard and decided in
the same manner as the original petition for a conditional use permit, unless such
procedures have been changed by amendment to this Code, in which event the then
applicable procedures shall be used. The petition, if it relates to a variance, shall be
presented to the Board for hearing and decision, and appeal to the Council, in the
same manner as the original request for a variance, unless such procedures have
been changed by amendment to this Section, in which event the then applicable
procedures shall be used. In determining whether the petitioner has made a good
faith attempt to use such special permit or variance, the Planner, Board or Council
may consider such factors as the design, size, expense and type of the proposed
work.
Subd. 12 Non-Conforming Obstructions and Uses, Lapse, Destruction. An
obstruction or the use of an obstruction or premises, which was lawful when constructed,
placed or commenced, but which is not in conformity with the provisions of this Section,
may be continued, subject to the following conditions:
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City of Edina Land Use, Platting and Zoning 850.21
A. No such obstruction or use shall be expanded, changed, enlarged or altered in
any way without such expansion, change, enlargement or alteration complying, in
all respects, with this Section, including, but not limited to, the obtaining of all
required conditional use permits and variances.
B. The cumulative cost (calculated at a then current cost) of all expansions and
alterations of, and additions to, any such obstruction since April 23, 1980 to the
then current date shall not exceed 50 percent of the market value of such
obstruction as then determined by the Assessor for real estate tax purposes, unless
the effect of such expansions, alterations and additions is to convert such
obstruction into a conforming obstruction and use. The City shall determine the
then current cost of the cumulative cost of all such expansions, alterations and
additions using such methods as the City shall determine.
C. If such use of such obstruction or such premises is discontinued for one year or
longer, any subsequent use of the obstruction or premises shall comply, in all
respects, with this Subsection 850.21, including, but not limited to, the obtaining
of all required conditional use permits and variances.
D. If any non-conforming obstruction is destroyed or damaged by any means,
including floods, to the extent that the cost of repairing or restoring such
destruction or damage is 50 percent or more, as determined by the Engineer or
some other person designated by the Manager, of the cost of re-erecting a new
obstruction of like kind and quality and of the same physical dimensions and
location, then it shall not be reconstructed except in full compliance, in all
respects, with the provisions of this Section, including, but not limited to, the
obtaining of all required conditional use permits and variances.
Subd. 13 Right of Passage. It shall be unlawful for any person, without a conditional
use permit obtained pursuant to this Subsection 850.21, to place any obstruction in Nine
Mile Creek or Minnehaha Creek or to obstruct, in any way, the passage of watercraft, or
to interfere, in any way, with the use by the public of the beds, banks, waters or channels
of said creeks, except obstructions placed by the appropriate watershed district and used
for floodplain management, in which event adequate provision shall be made for portaging
and passage of watercraft.
Subd. 14 Removal of Obstructions.
A. Natural Obstructions. The City shall have the right of reasonable entry upon
lands in the floodplain, including those adjoining Nine Mile Creek and Minnehaha
Creek, for the purpose of ingress to and egress from the floodplain and the beds,
banks, channels and waters of the creeks and water bodies therein to remove any
natural obstructions such as, but not limited to, trees, debris, litter and silt.
B. Artificial Obstructions. Any artificial obstruction of the beds, banks, channels
or waters of Nine Mile Creek or Minnehaha Creek or in the flood plain made
850-129
City of Edina Land Use, Platting and Zoning 850.21
subsequent to February 8, 1973 and not made pursuant to a permit or variance
granted by the City shall be removed by the owner of the adjoining land within ten
days after mailing to such owner of a demand to do so by the Planner. If the owner
shall fail or refuse to remove the obstruction within said time, or if the owner
cannot be found or determined, the City may remove such obstruction and the costs
thereof shall be paid by the owner on demand, and if not paid, such costs may be
assessed against the land and collected in the same manner as prescribed by law for
levying and collecting special assessments for municipal improvements.
Subd. 15 Violation, Penalties, Remedies. The provisions, penalties and remedies set
out in Subsection 850.04 shall also apply to any violation of the provisions of this
Subsection 850.21. Every obstruction or use placed or maintained in the floodplain in
violation of this Subsection 850.21 is hereby declared to be a public nuisance, and may be
enjoined and the maintenance thereof abated by appropriate City and judicial action. As
soon as reasonably possible after the Planner knows of a violation of this Subsection, the
Planner shall investigate the nature and extent of the violation and give notice of such
violation and the results of such investigation to the Minnesota Department of Natural
Resources and the Federal Emergency Management Agency Regional Office, together
with the City's proposed plan to correct or remove the violation to the degree possible.
Subd. 16 Amendments.
A. The boundaries of the Floodplain Overlay District, as shown on the Map, may
be changed by amendment to this Subsection 850.21, but only if it can be shown
that the boundaries are in error or that an area has been filled to or above the
elevation of the regional flood and is contiguous to lands outside the floodplain.
Special exceptions of this rule may be permitted by the Commissioner if the
Commissioner determines that, through other measures, the subject lands are
adequately protected from flooding.
B. All amendments shall be submitted to the Board of Managers of the Nine Mile
Creek Watershed District and the Minnehaha Creek Watershed District, the
Commissioner, and the Federal Emergency Management Agency, and shall be
approved by the Commissioner and the Federal Emergency Management Agency
prior to adoption.
C. The Commissioner also shall be given at least ten days prior written notice of
all hearings to consider amendments to this Subsection 850.21, including a draft of
the proposed amendment and any pertinent technical study.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825-A1 not published,
amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825-A10 not granted; 825-A11 9-2-87,
825-Al2 12-24-86; 825-A13 referred to staff--Council minutes 1-16-87; amended by 825-A14 12-
24-86, 825-A15 2-11-87, 825-A16 2-11-87; 825-A17 not developed; 825-A18 9-2-87, 825-A19 5-
27-87, 825-A20 4-29-89, 825-A21 not developed; 825-A22 3-23-88; 825-23 referred to Planning
Commission 6-06-88, 825-A24 withdrawn; 825-A25 5-03-89, 825-A26 8-24-88, 825-A27 10-30-
850-130
City of Edina Land Use, Platting and Zoning 850.21
91; amended by 825-A28 5-03-89, 825-A29 5-03-89, 825-A30 12-13-89, 825-A31 10-25-89, 825-
A32 12-20-89, 825-A33 1-31-90, 825-A34 8-29-90, 825-A35 8-29-90, 825-A36 8-29-90, 825-A37
reconsidered; 825-A3811-28-90. Amended by Ord. 850-A1 3-3-93; Ord 850-A2 6-30-93;Ord 850-
A3 8-2-93; Ord. 1993-10 8-16-93; Ord 850-A4 8-15-94, Ord 850-A5 9-19-94, Ord. 1995-6 8-7-
95; Ord. 1995-10 12-04-95; Ord 1995-9 2-5-96, Ord 850-7 5-20-96; Ord 1996-2 9-16-96; Ord
1997-2 2-18-97; Ord 1997-1111-5-97
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross Reference: Sections 185, 705, 1045, 1310, 1345, 1405
Note: The Federal Emergency Management Agency ("FEMA') has established criteria for
removing the special flood hazard area designation for certain structures properly elevated on fill
above the 100 year flood elevation. FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-lot developments. These standards
should be investigated prior to initiation of site preparation if a change of special flood hazard
area designation will be requested.
850-131
City of Edina Trades and Occupations 1340.02
Section 1340 - Physical Culture and Health Services and Clubs
1340.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the stated meanings:
Escort Service. Any business which provides male or female accompaniment services
to its customers for a fee or other valuable consideration.
Massage. The rubbing, pressing, stroking, kneading, tapping, rolling, pounding,
vibrating, or stimulating the superficial parts of the human body with the hands or
any instrument by a person who is not duly licensed by the State to practice
medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry.
"Physical Culture and Health Services," "Physical Culture and Health Club,"
"Reducing Club," "Reducing Salon," "Massage Parlor." Any building, room,
structure, place, or establishment used by the public other than a hospital,
sanitarium, rest home, nursing home, boarding home or other institution for the
hospitalization or care of human beings, duly licensed under the provisions of M.S.
144.50 through 144.703, inclusive,where non-medical and non-surgical manipulative
exercises or massages are practiced upon the human body for a fee or other valuable
consideration by anyone not duly licensed by the State to practice medicine, surgery,
osteopathy, chiropractic, physical therapy or podiatry, with or without the use of
mechanical, therapeutic, or bathing devices.
Sauna Parlor. An establishment or business the principal use of which is the
provision of a room or rooms used by the public for bathing, relaxing or reducing
purposes utilizing steam or hot air as a cleaning, relaxing or reducing agent.
1340.02 Business License Required.
Subd. 1 Limiting Business Licenses. It is found and determined that the type of
business activity subject to being licensed under this Section is particularly subject
to abuse which may take a number of forms contrary to the morals, health, safety
and general welfare of the community. Further, it is found that control of these
abuses requires intensive efforts of the Police Department as well as other
departments of the City. These efforts exceed those required to control and regulate
other business activities licensed by the City. This concentrated use of City services
tends to detract from and reduce the level of service available to the rest of the
community and thereby diminishes the ability of the City to promote the general
health, welfare, morals and safety of the community. Therefore, the number of
business licenses which may be in force under this Section at any one time shall not
exceed four.
Subd. 2 Requiring License and Defining Businesses Operating within City. No
1340 - 1
City of Edina Trades and Occupations 1340.02
person, partnership, corporation, or other organization shall operate a physical
culture and health service or club, reducing club or salon, sauna parlor, massage
parlor, or escort service within the City, either exclusively or in connection with any
other operation or enterprise, unless such business is currently licensed under this
Section. A business is operating within the City, regardless of whether the business
premises are actually located within the corporate limits of the City, if the business
premises serve as a point of assignment for employees who perform services within
the corporate limits of the City, including, but not limited to, telephone referral
business.
Subd. 3 Certain Businesses Exempt.
A. The preceding provisions of this Section notwithstanding,no business license
shall be required for a business establishment which offers massage as an
accessory use if it meets all of the following criteria as evidenced by affidavits
and other documents submitted to and in form and substance reasonably
acceptable to the Clerk:
1. The principal activity of the business shall not be a massage parlor, sauna
parlor, or escort service;
2. The annual gross revenue of the business from performing massage is less
than 25% of the total annual gross revenue of the business as shown by financial
statements or certifications of the kind specified in paragraph J. of Subd. 1 of
Subsection 1340.04.
3. All individuals performing massage in connection with the business are duly
licensed in accordance with Subsection 1340.03.
4. The room or rooms where massage is performed shall not have an exclusive
entrance from or exit to the exterior of the building in which the principal
business is located or to a public concourse or public lobby. Notwithstanding the
foregoing, massage may be performed by a licensed individual at the residence
of the person receiving the massage.
5. All fees or other consideration derived from performing massage shall be
received by and accounted for by the proprietor of the principal business.
6. All individuals performing massage in connection with the business shall be
employees of the principal business or shall be independent contractors or agents
who perform massage pursuant to a written agreement with the owner of the
principal business.
B. No business license shall be required for an individual who does not maintain a
business premises within the City and who performs massage solely at the residence
1340 - 2
City of Edina Trades and Occupations 1340.04
of the person receiving the massage. Such individuals, however, shall possess a valid
individual license pursuant to Subsection 1340.03 and shall not employ any
individuals in connection with the practice of massage.
1340.03 Individual License Required. No person shall perform massage or escort services
within the City for a fee or other valuable consideration unless currently licensed under this
Section. The licensee shall carry and display on request of any police officer a valid license
while within the City.
1340.04 License Application and Procedures. Every application for a license under this
Section shall be made on a form supplied by the Clerk and shall be filed with the Clerk.
The provisions of Section 160 of this Code shall apply to all licenses required by this Section
and to the holders of such licenses. In addition to the information required by Section 160
of this Code, the application for a license under this Section shall contain the following
information. Failure to complete or supply such information may cause a license to be
denied.
Subd. 1 Business License:
A. Whether the applicant is a natural person, a partnership, a corporation,
or other form of organization.
B. If the applicant is a natural person:
1. The true name, place and date of birth, current address and
telephone number of the applicant.
2. Whether the applicant has ever used or has been known by a name
other than the applicant's true name; and if so, such name or names
and information concerning dates and places where used.
3. A specific statement as to the type and nature of the business to be
licensed.
4. The name of the business, if it is to be conducted under a name
other than the full individual name of the applicant, in which case a
certified copy of the certification required by M.S. Chapter 333, shall
be attached to the application.
5. The addresses at which the applicant has lived during the previous
five years, including a statement of how long the applicant has been
continuously a resident of the State during the period as of and
immediately preceding the date of application.
6. The kind, name and location of every business or occupation in
1340 - 3
City of Edina Trades and Occupations 1340.04
which the applicant has been engaged during the preceding five years.
7. The names and addresses of the applicant's employer(s) and
partner(s), if any, who were such at any time during the preceding five
years.
8. The applicant's educational qualifications, including originals or
certified copies of degrees, diplomas or certificates, if any.
9. Whether the applicant has ever been convicted of any felony,crime,
or violation of any provisions of this Code or State Law other than
traffic violations and, if so, information as to the time, place and
offense for which convictions were had.
10. A physical description of the applicant and a recent photograph
of the applicant showing both front and side views.
11. A statement of the training and experience possessed by the
applicant related to the operation and affairs of the business to be
licensed.
C. If the applicant is a partnership:
1. The names and addresses of all partners and all information
concerning each partner as is required of an applicant under paragraph
B. of Subd. 1 of this Subsection.
2. The names(s) of the managing partner(s), and the interest of each
partner in the business.
3. A true copy of the partnership agreement shall be submitted with
the application. If the partnership is required to file a certificate as to
trade name under the provisions of M.S. Chapter 333, a certified copy
of such certification shall also be attached.
D. If the applicant is a corporation or other organization.
1. The name of the applicant, and if incorporated, the state of
incorporation.
2. A true Certificate of Good Standing, dated as of a current date,
and true copies of the Articles of Incorporation or Association
Agreement and Bylaws shall be attached to the application. If a
foreign corporation, a Certificate of Authority issued pursuant to M.S.
Chapter 303, shall also be attached.
1340 - 4
City of Edina Trades and Occupations 1340.04
3. The name of the person(s) who is to manage the business and all
information concerning the person(s) as is required of an applicant
under paragraph B. of Subd. 1 of this Subsection.
4. The names of all officers, directors and persons who control or own
an interest in excess of 5% in such corporation or organization and all
information concerning the persons as is required of an applicant
under paragraph B. of Subd. 1 of this Subsection.
E. The location of the business premises.
F. Whether the applicant is licensed in other communities or has had a
license revoked, or has been denied a license, to conduct any of the activities
required to be licensed hereunder; and if so, when and where the applicant
is or was so licensed, has had a license revoked or has been denied a license.
G. The names and addresses of those individuals to be licensed and
employed by the applicant and who may work within the City.
H. The names, residences and business addresses of three residents of the
County, not related to the applicant or financially interested in the business
to be licensed, who may be referred to by the City for information as to the
applicant's character. If the applicant is a partnership, three such names shall
be supplied for each partner, and if the applicant is a corporation or other
organization, three such names shall be supplied for each officer of the
applicant and each manager of the business.
I. The amount of capital investment to be made by the applicant in the
premises described in the application to operate the business to be licensed.
Capital investment shall mean the amount of money that the applicant
actually invests to acquire, refurbish,repair, remodel, or furnish the premises,
including moneys invested to comply with Subsection 1340.15. This paragraph
shall not apply to any applicant for a license to operate only an escort service.
J. A financial statement, certified as being true and correct by an
independent accountant, showing the gross income of the business to be
licensed for the last three fiscal years of such business, or shorter period of
time that the applicant may have been in the business to be licensed, itemized
as to each activity of the business including, without limitation, the gross
income from performing massage. In lieu of delivery of the financial
statement, the applicant may deliver a certification by a certified public
accountant, acceptable to the Manager, that the annual gross revenue for the
same period of time as is required for the financial statement of the business
from massage services is less than 25% of its total annual gross revenue for
such period of time, with each year considered separately.
1340 - 5
City of Edina Trades and Occupations 1340.08
Subd. 2 Individual License. All the information required under paragraphs B.,
F. and H. of Subd. 1 of this Subsection together with the name and location of any
business by which the applicant will be employed together with current affidavits and
other documents required by Subd. 3 of Subsection 1340.02 shall be required of
applicants for an individual license.
1340.05 Execution of Application. All applications for any license under this Section shall
be signed and verified by the oath of the applicant. If the application is that of a natural
person, it shall be signed and verified by such person; if by a partnership, by all the
partners; if by a corporation, by two of its officers, and if by an unincorporated association,
by its manager or managing officer. Any falsification of information on any license
application shall result in the denial of the license applied for, and shall constitute adequate
grounds for the suspension or revocation of any license issued to the applicant.
1340.06 License and Investigation Fees.
Subd. 1 License Fee. Each application for a license or renewal license shall be
accompanied by payment in full of the required license fee. The fee for an
individual license and fee for a business license shall be as set forth in Section 185
of this Code. Upon rejection of any application for a license, the Clerk shall refund
the amount paid.
Subd. 2 Investigation Fee. At the time of each original application for an
individual license, or for a business license, the applicant shall deposit an
investigation fee as set forth in Section 185 of this Code. The cost of the
investigation will be based on the expense involved. All deposit monies not
expended on the investigation will be refunded to the applicant.
1340.07 Investigation. All applications shall be referred by the Clerk to the Police
Department and to such other City departments for investigation of the applicant's
character and verification of the facts set forth in the application. Within 60 days after the
application date, the Police Chief and any other consultants shall submit a written
recommendation to the Manager as to issuance or non-issuance of the license, setting forth
the facts upon which the recommendation is based.
1340.08 Approval or Denial of Application. Within 90 days after the application date,
the Manager shall either approve or deny the application and shall notify the Clerk in
writing of the decision. If the application is approved, the Clerk shall issue the license. If
the application is denied, the Clerk shall furnish written notice of the denial to the
applicant, together with the reason or reasons for denial. In addition to the reasons set
forth in Subsection 160.04 of this Code a license may also be denied for any of the following
reasons:
Subd. 1 Under Legal Age. If an individual applicant is under the age of 18.
1340 - 6
City of Edina Trades and Occupations 1340.08
Subd. 2 Convictions. If the applicant, or any officers, managers, directors,
shareholders or owners, if a corporation or association, or any partners, if a
partnership, has been convicted of a felony, or has been convicted of any illegal
conduct involving moral turpitude, dishonesty, fraud, deceit or misrepresentation.
Subd. 3 Conviction without Sufficient Rehabilitation. If the applicant, or any
principal officers, managers, directors, shareholders or owners, if a corporation or
association, or any partners, if a partnership, has been convicted of any crime or
crimes directly relating to the occupation of massage and escort services, as provided
in M.S. 364.03, Subd. 2, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of the occupation of massage
or escort services, as provided in M.S. 364.03, Subd. 3.
Subd. 4 Prior Denial of License. If the applicant, or any principal officers,
managers, directors, shareholders or owners, if a corporation or association, or any
partners, if a partnership, has within one year prior to the date of application been
denied a license under this Section, or any similar ordinance of any municipality
within the State, or within the period has had revoked any license issued under this
Section, or any similar ordinance of any municipality within the State.
Subd. 5 Zoning Restriction. If the business to be licensed is not permitted by
Section 850 of this Code upon the premises described in the application.
Subd. 6 Failure to Meet Construction Requirements. If the premises described
in the application for a business license fail to comply with the requirements of
Subsection 1340.15.
Subd. 7 Capital Investment Less than $10,000. If the applicant's planned capital
investment in the premises described in the application to operate the business to be
licensed is less than $10,000. This paragraph shall not apply to any license
application to operate only an escort service.
Subd. 8 Training Requirements. If the individual applicant for a license to
practice massage has not (i) had at least two years' actual training and experience
in practicing massage, or (ii) received at least one year of training in practicing
massage from a school classified and conducted as a post secondary vocational
• education school by the State Board of Technical Colleges pursuant to M.S. Chapter
136C, or (iii) received at least one year of training in practicing massage from a
school approved by the State Higher Education Coordinating Board pursuant to M.S.
Chapter 136A, or (iv) received at least one year of training in practicing massage
from a school within or without the State meeting the standards of those schools
approved as provided in (ii) and (iii) in this Subdivision.
Subd. 9 Six-Month Residency Requirement. If the individual applicant has not
been a resident of Minnesota continuously for at least the six-month period
1340 - 7
City of Edina Trades and Occupations 1340.12
immediately preceding the application date.
Subd. 10 Regional Medical District Requirement. If the application is for a
business license to perform massage, and if the business premises location described
in the application is not within a Regional Medical District established pursuant to
Section 850.
1340.09 Renewal Application. Not less than 30 nor more than 60 days before the
expiration of any license issued pursuant to this Section, any license holder desiring to
renew the license shall submit a written application to the Clerk on forms provided by the
City together with payment in full of the license fee as required for the original license.
The renewal application shall be forwarded to the Manager who shall, within 30 days after
the renewal application date, either approve or deny the application and shall notify the
Clerk in writing of the decision. The Clerk shall then issue the license or, in case of denial,
notify the applicant in writing of the denial setting forth the reason or reasons therefor.
1340.10 Appeal to Council. Any applicant may appeal the denial of a license or a license
renewal by filing a written notice of appeal to the Council in the Clerk's office within 30
days after the denial. The Council shall hear the appeal within 60 days after the notice is
filed, and opportunity shall be given to any person to be heard in favor of or opposing the
issuance or renewal of the license. The Council may order and conduct such additional
investigation as it deems necessary. Any licensee is authorized to continue to operate until
final action by the Council upon licensee's renewal application, unless prohibited by Council
resolution made after the denial.
1340.11 License Not Transferable; Duration. Each license shall be issued to the
applicant only and shall not be transferable to another holder. Any change in the persons
named as partners on the application, as required by paragraph CA of Subd. 1 of Subsection
1340.04 and any change in the persons who are named in the application as required by
paragraph DA of Subd. 1 of Subsection 1340.04, shall be deemed a transfer for purposes
of this Section. If the licensee is a limited partnership, a change in the limited partners of
less than 25% cumulatively over the license period, shall not be deemed a transfer. The
change in or addition of a vice-president, secretary, or treasurer of a corporate licensee shall
not be deemed a transfer. All licenses issued pursuant to this Section shall be effective
from July 1 through June 30.
1340.12 Suspension or Revocation of License. The Council may suspend for any period
not exceeding 60 days, or revoke, any license issued pursuant to this Section upon finding
a violation of any provision of this Section or upon violation of any other provision of this
Code or State Law or regulation affecting the activities covered by this Section. Any
conviction for prostitution or any other crime or violation involving moral turpitude shall
result in the revocation of any license issued under this Section. Except in the case of a
suspension pending a hearing on revocation, revocation or suspension by the Council shall
be preceded by written notice to the licensee of a hearing. The notice may be served upon
the licensee personally or by mailing it to the business or residence address set forth in the
1340 - 8
City of Edina Trades and Occupations 1340.15
application or on file with the Clerk. The notice shall give at least ten days notice of the
time and place of the hearing and shall state the nature of the charges against the licensee.
The Council may, without notice, suspend any license pending a hearing on revocation for
a period not exceeding 30 days.
1340.13 Hours of Operation. No business licensed under this Section shall be open for
business, nor shall any persons or customers be permitted on the premises, between the
hours of 10:00 P.M. and 8:00 A.M.
1340.14 Restrictions and Regulations.
Subd. 1 Notice of Change in Management. The individual designated by a
partnership or a corporation in its business license application to be manager and in
responsible charge of the business shall remain responsible for the conduct of the
business until another suitable person has been designated in writing by the license
holder. The license holder shall promptly give the Police Department written notice
of any such change indicating the name and address of the new manager and the
effective date of the change.
Subd. 2 Change of Employment or Location of Employment. Any person
practicing massage within the City shall inform the City of any changes in
employment or location of employment within the City within 30 days of the change.
Subd. 3 Change in Address. Any person engaging in massage within the City shall
inform the City of any change in residence address within 30 days of the change.
Subd. 4 Clothing Requirements. Employees of all licensed businesses or
individuals licensed to practice massage shall be and shall remain fully clothed.
Subd. 5 Location of Services. No person shall perform a massage for a fee or
other consideration at any place other than (i) a physical culture and health service,
physical culture or health club, reducing salon, sauna parlor, or massage parlor that
has been duly licensed pursuant to Subd. 2 of Subsection 1340.02, (ii) a business
which is exempt from a business license pursuant to Subd. 3 of Subsection 1340.02,
or (iii) the residence of the person receiving the massage.
Subd. 6 No Soliciting in Public. No person shall solicit massage or escort services
in any public place within the City.
Subd. 7 No Services Allowed by Sexually Oriented Businesses. No person shall
perform a massage for a fee or other consideration in connection with a Sexually
Oriented Business as defined by Subsection 850.03 of this Code.
1340.15 Construction Requirements. No business license shall be issued under this
Section for other than an escort service unless the premises used for the operation shall
1340 - 9
i
City of Edina Trades and Occupations 1340.17
comply with the following requirements:
Subd. 1 Requirements for Steam or Hot Air Rooms. All rooms utilizing steam or
hot air as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms
and bathrooms used in connection with such rooms, shall be constructed with
materials impervious to moisture, bacteria, mold and fungus growth. Floor-to-wall
and wall-to-wall joints shall be constructed so as to provide a sanitary cove with a
minimum radius of 3/8 inch.
Subd. 2 Public Restroom Requirements. All public restrooms shall be provided
with mechanical ventilation with 2 cfm (cubic feet per minute) per square foot area,
a minimum of 15 foot candles of illumination, a hand washing sink equipped with hot
and cold running water under pressure, sanitary towels with dispensers and soap with
dispensers.
Subd. 3 Requirements for Janitor's Closet. Each such operation shall have a
janitor's closet for the storage of cleaning supplies with a mop sink, mechanical
ventilation with 2 cfm per square foot area and a minimum of 15 footcandles of
illumination.
Subd. 4 Lockers. Individual lockers shall be provided for use by customers and
shall have separate keys for locking.
1340.16 Maintenance; Sanitary Conditions; Communicable Disease.
Subd. 1 Clean and Sanitary Business. All businesses licensed under this Section
at all times shall be kept in a clean and sanitary condition.
Subd. 2 Clean and Sanitary Instruments. All instruments and mechanical,
therapeutic, and bathing devices or parts that come into contact with the human
body at all times shall be kept clean and sanitary.
Subd. 3 Towels and Linens. No towels and linens furnished for use by one patron
shall be furnished for use by another until thoroughly laundered.
Subd. 4 Hand Washing. All individuals who practice massage shall wash their
hands before each massage.
Subd. 5 Communicable Disease. No person suffering from a communicable
disease shall work or be employed in a licensed business. No person suffering from
a communicable disease to the knowledge of the owner, custodian, or employees of
a licensed business shall be accommodated as a patron.
1340.17 Inspection. Each business required to be licensed shall at all times be held open
for inspection by duly authorized representatives of the City.
1340 - 10
City of Edina Trades and Occupations 1340.18
1340.18 Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons
which do not give, or hold themselves out to give, massages, other than are customarily
given in such shops and salons for the purpose of facial beautification only shall not be
subject to the provisions of this Section.
History: Ord 1353 adopted 1-17-79; amended 1353 AI 11-28-84; 1353-A2 7-16-86; card 1352
repealed 11-28-84; Ord 1994-5 5-4-94
Reference: M.S. 144.50 through 144.703, 333, 364.03, Subd. 2, 136C
Cross Reference: Sections 160, 185, 850
R
1340 - 11