HomeMy WebLinkAbout2001-01 Supplement Old Pages Memorandum
Date: 12/27/01
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 December 18,2001. Please replace the
following pages as noted:
Table of Contents -Remove and replace entire table of contents
Section 145—Remove and replace with the attached. Section 145.03 Membership
was amended by Ord.2001-9
Section 160—Remove and replace with the attached.Section 160.02 amended by
Ord.2001-7.
Section 165—Repace entire section with attached 165. Amended by Ord.2000-7.
Section 185-Remove all of Schedule"A"and replace with the attached,new fees for
year 2002.
Section 300 Replace entire section 300 with attached. Amended by Ord 2000-7 in
Section 300-17 subd.6 relating to dangerous dogs.
Section 440-Remove your entire Section and replace with the attached.Amended
by Ord.2000-7 Section 440.03 subd 2 subparagraph B
Section 445 Remove your entire Section and replace with the attached.
Section 450—Replace entire Section 450,amended by Ord 2000-5 changing deck,
fencing,and water chemistry requirements.
Section 455—Replace Section 455 amended by Ord.2000-5 section 455.02 subd. 1
Section 460—Replace entire section amended by Ord 2001-7
Section 605—Replace entire section,amended by Ord.2000-7 and 2001-7
Section 615—Replace section 615 amended by Ord.2001-7
Section 715—Replace section amended Ord 2000-9 allowing curbside collection of
recyclables.
Section 740—Replace entire section,amended by Ord.2000-6 changing license
term.
Section 850—Replace entire section,amended by Ord.2000-7,2001-3;and 2001-7
Section 900—Replace entire section,amended by Ord.2000-13,2001-6 and 2001-8,
providing fee reduction for compliance checks,allowing one entity to hold up to 3
licenses and eliminating the licensed managers requirement.
Section 1100 -Replace entire section,amended by Ord.2000-10 authorizing a
surcharge is remote water meter reading device installation not permitted.
Section 1220—Replace entire section,amended by Ord.2001-9 Section 1220.03
Membership
Section 1230—Replace entire section,amended by Ord 2001-7
Section 1341 —Replace entire section correcting a typo on page 1341-2
Section 1400—Replace entire section,amended by Ord.2000-7
Feel free to contact me with any questions regarding this supplement or Edina's Code.
I would also like to note that the City's Code can also be found on our web site at
www.ci.edina.mn.us .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 721 - Food Establishments and Food Vending Machines
Section 725 - Public Health, Housing and Housing Equipment
Section 735 - Hotels, Lodging and Boarding Houses
Section 740 - Ventilation of Parking Garages for Multiple Dwellings
CHAPTER 8. LAND USE, PLATS AND ZONING
Section 800 - Heritage Preservation Board
Section 805 - Planning Commission
Section 810 - Plats and Subdivisions
Section 815 - Radio and Television Antennas and Towers
2
Section 820 - Vacation of Streets, Alleys, Public Ways and Utility Easements
Section 830 - Tree Removal, Grading and Excavation
Section 835 - Comprehensive Plan
Section 845 - Restricted Access Parking Lots
Section 850 - Zoning
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
Section 905 - Open House Parties
CHAPTER 10. MISDEMEANORS AND NUISANCES
Section 1000 - Crimes and Forbidden Conduct
Section 1005 - Certain Dangerous Weapons
Section 1010 - Prohibiting Certain Conduct In, On, or Near Schools
Section 1015 - Hoax, Obscene or Annoying Telephone Calls and Bomb Threats
Section 1020 - False Automatic Alarms
Section 1030 - Possession, Purchase or Delivery of Controlled Substances
Section 1035 - General Nuisances
Section 1040 - Noises Disturbing the Public Peace
Section 1046 - Parking and Storage of Vehicles and Equipment
Section 1050 - Maintenance of Vegetation
Section 1055 - Control and Prevention of Shade Tree Diseases
Section 1060 - Curfew for Minors; Responsibility
Section 1065 - Prohibiting and Regulating Picketing
Section 1070 - Abatement of Nuisances
Section 1075 - Steel Jawed Traps
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
Section 1105 - Sewer and Water Connection Charges
Section 1110 - Storm Water Drainage Utility; Charges
Section 1115 - Water Emergencies and Irrigation Bans
CHAPTER 12. STREETS AND PARKS
Section 1200 - Use and Maintenance of Streets, Alleys, Sidewalks, Easements, Parks, and
Other City Owned Property
Section 1205 - Curb Cuts
Section 1215 - Work Within the 50th & France Commercial Area
Section 1220 - Park Board
Section 1230 - Conduct in Parks and Public Places
Section 1235 - Municipal Parking Facilities
3
CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
Section 1305 - Scavengers
Section 1310 - Peddlers and Solicitors
Section 1315 - Advertising Material on Residential Property
Section 1326 - Sale of Tobacco; Licensing
Section 1330 - Taxicabs and Taxicab Drivers
Section 1341 - 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
i
4
City of Edina General Code Provisions and Administration 145.05
Section 145 - Recycling and Solid Waste Commission
145.01 Policy and Establishment. The Council, recognizing the need to conserve natural
resources and discourage waste, and in order to improve thereby the overall welfare of the
citizens of the City, does hereby establish the Recycling and Solid Waste Commission (the
"Commission").
145.02 Duties. The Commission shall assist and advise the Council on matters relating to
the establishment and operation of recycling and solid waste programs and policies in the City
and shall make and furnish such studies, reports and recommendations as the Council may
request.
145.03 Membership. The Commission shall consist of six members appointed by the
Mayor with the consent of a majority of the Council. Members of the Commission shall be
residents of the City, shall be appointed for a term of two years and serve until a successor
shall have been appointed. Upon termination of a member's term, that member's successor
shall be appointed for the remainder of such term. Members of the Commission shall serve
without compensation and may resign voluntarily or be removed by majority vote of the
Council or pursuant to Section 180 of this Code. Commission members who discontinue legal
residency in the City may be removed from office by the Mayor with the consent of a majority
of the members of the Council.
145.04 Organization. The Commission shall:
A. Elect from its members a chair and a vice chair, each of whom shall serve for a
period of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City. If a secretary is assigned by the City, the secretary shall perform
only such clerical duties on behalf of the Commission as may be assigned by the chair
with the consent of the Manager. Additional advisory staff may be assigned to the
Commission by the Manager.
145.05 Meetings. All meetings of the Commission shall be open to the public, be
governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The
Commission shall hold its regular meetings on such fixed date and in such fixed place as it
from time to time shall determine. The minutes of all meetings shall be recorded and a copy
thereof transmitted to each member of the Council.
History: Ord 10710-24-74; amended by Ord 107-AI 11-21-74; amended by Ord 1999-6 3-1-99
Cross Reference: Section 180
145-1
City of Edina General Code Provisions and Administration 160.02
Section 160 - General Licensing Procedures
160.01 Applicability of this Section. The procedures, regulations, conditions,
requirements and penalties set forth in this Section shall be applicable to any particular
license or permit issued by the City, or to issuing, renewing, suspending or revoking the
same, or to the duties and obligations of persons holding the same, only if this Section is
made applicable in whole or in part by the Code provision requiring the license or permit.
The word"license" as used herein shall include permits and the word"licensee" used herein
shall include "permittee".
160.02 Application Form. Unless otherwise provided by this Code, the application for
license or renewal of license shall be filed with the Clerk on forms to be provided by the
Clerk. On such form the applicant shall state the following information:
A. Applicant's full name, date of birth, and business and home addresses; and, if the
application is made on behalf of a partnership, association or corporation, the name
and address of such partnership, association or corporation.
B. If the proposed licensee is a partnership, the full names, dates of birth and home
addresses of all general partners; or, if the proposed licensee is an association or
corporation, the full names, dates of birth and home addresses of its officers and
managers, and of the owners (not to exceed ten) of the largest number of shares of
the business or enterprise.
C. In the case of an application for a license for the carrying on of a trade,
occupation or business, or the storage of substances, the street address of the
premises where such trade, occupation or business shall be conducted or where the
substances shall be stored.
D. In the case of an application for a machine license, the street address of the
premises where the machine is to be kept, and a4 description thereof.
E. In the case of an application for a vehicle license, the street address of the
premises where it is to be usually parked, garaged or kept, the name of the
manufacturer, the serial number of the vehicle, and a description thereof.
F. Violation by applicant, or any general partner or officer of applicant of any
licensing provision or suspension or revocation of licenses held by the applicant or
any general partner or officer of applicant in the City or elsewhere.
G. Such other information as is required to be furnished by this Code.
The proposed licensee shall sign the application; or, if the proposed licensee is a
partnership, at least one general partner shall sign; or, if the proposed licensee is an
160 - 1
City of Edina General Code Provisions and Administration 160.04
I,
association or corporation, at least one officer shall sign. In each case the signer shall have
power to execute contracts of the partnership, association or corporation.
160.03 License Fee, Etc. With the application there shall also be submitted the
following:
A. The license fee, in cash or by check payable to the order of the City, in the
amount required by this Code.
B. A surety bond, if one is required, in the amount and conditioned as required by
this Code or State Law. The surety in all cases shall be a corporation authorized to
do so and holding the certificate of the Commissioner of Commerce of the State j
showing that it is authorized to contract as a surety. The effective period of such
bond shall expire not sooner than the period of the license applied for. The bond
otherwise shall be on terms and conditions approved by the Manager.
C. A certificate of insurance, if one is required, in an amount required by this Code
or State Law and for a period not less than the period of the license applied for.
Such policy shall be written by a company authorized to do business in the State.
In addition to the certificate, the City may also request the applicant to submit an
insurance policy.
D. Any other documents required to be filed by this Code or State Law.
160.04 Investigation; Approval roval or Denial. Licenses and renewals shall be granted or
g a
denied by the Manager or by the Manager's deputy, unless otherwise provided by any
specific section of this Code. Conditions may be imposed on the license to ensure
compliance with this Code to protect adjacent property and to protect the health, safety,
and welfare of the City and its citizens. Whenever a request is made by the Manager or
the Manager's deputy, an investigation concerning the applicant, and a written
recommendation upon the application, shall be made by the Sanitarian, Fire Chief, Police
Chief, Building Official, or their deputies, or by any other employees of the City. Issuance
of a license, or renewal of a license, may be denied for any of the following reasons:
A. Failure to complete the application, or to file the required license fee, bond, or
other required document.
B. Misstatements in the application.
C. Failure to comply with special conditions required by this Code or State Law for
issuance of the license.
D. Violation by applicant or any general partner or officer of the applicant of
licensing provisions or suspension or revocation of licenses held by applicant in the
City or elsewhere, due to activity directly related to the occupation or activity by
160 - 2
City of Edina General Code Provisions and Administration 160.09
which the license sought and which sufficient rehabilitation has not been established
as provided in M.S. 364.03.
E. Granting the license would be detrimental to the health, safety, morals or
welfare of the residents of the City.
F. Nonpayment by the applicant of any fees or charges owed to the City.
160.05 Denial; Notice to Applicant. If the Manager or the Manager's deputy or other
officer authorized by this Code denies the application for license or renewal, the Manager
or Manager's deputy shall furnish written notice to the applicant of such denial, together
with the reasons for denial. Such notice shall also inform the applicant that the applicant
may:
A. Ask the Clerk to return to the applicant any surety bond or insurance policy the
applicant has filed, but any application fee shall be retained by the City,
B. Submit a new application, or
C. Appeal the denial to the Council.
160.06 Appeal to Council. The applicant may appeal from such denial by filing with the
Clerk a written appeal to the Council. Such appeal shall be heard by the Council within
30 days after it is filed. All interested parties shall be allowed to give testimony to the
Council. The Council may affirm, revise or modify the denial. The Council may impose
conditions on the grant of any license as provided in Subsection 160.04.
160.07 Term of License. Unless otherwise provided by this Code, every annual license
shall expire on the 31st day of December following its date of issuance.
160.08 Occupational License; Posting. A license for the carrying on of a trade,
occupation or business, if granted, shall be issued by the City, shall be serially numbered,
and shall state the name and business address of the licensee, the nature of the trade,
occupation or business licensed, the street address of the premises where such trade,
occupation or business shall be conducted, and the expiration date of the license. The
license shall be posted on the licensed premises so that it can be read by members of the
public.
160.09 Machine or Vehicle License. A license for a machine or vehicle, if granted, shall
be issued by the City, shall state the name and address of the holder of the license, shall
describe the machine, and shall state the street address of the premises where it is licensed
to be kept, or, if a vehicle, the street address where it is usually parked, garaged or kept,
and the expiration date of the license. For each machine or vehicle licensed, the licensee
shall be furnished with a sticker which shall be fastened to the machine or vehicle licensed
160 - 3
i
City of Edina General Code Provisions and Administration 160.16
so as to be easily discernible. The sticker shall bear only the word "Edina", a sticker
number, and year of issuance.
160.10 Impounding Machines. Any machine or vehicle required to be licensed found in
the City without a current sticker fastened thereto, or found operating in the City after
revocation or suspension of license, may be summarily impounded by the City. A notice
of such impounding shall be published in the official newspaper within 20 days after the
machine or vehicle has been taken up, and, in the case of a machine, shall be mailed to the
owner or occupant of the premises in, on, or next to which it was found. Such notice shall
describe the machine or vehicle and the street address of the premises where or near which
it was found. The notice shall also state that the machine or vehicle may be sold or
destroyed by the City unless the person claiming such ownership, within 20 days after
publication of the notice, shall present satisfactory evidence of ownership to the Police
Chief and pay all fines and penalties required by this Code or State Law, and the cost for
hauling and storage of such machine or vehicle. Any such sale shall be pursuant to Section
155 of this Code.
160.11 Liability of Licensee for Employees' Conduct. The conduct of the agents and
employees of a person to whom any license has been issued shall be deemed the conduct
of such licensed person.
160.12 Liability of Property Owner. No person shall permit any real property owned,
leased or controlled by the person to be used for the conduct of a trade, occupation or
business required to be licensed or for the storage of substances required to be licensed,
or for the maintenance thereon of any machine required to be licensed, without such
license having been obtained.
160.13 Revocation for False Statement. If any applicant for a license or renewal thereof
has knowingly made any false statement in the application for license, the applicant's
license may be revoked.
160.14 Non-Transferable; No Refunds. Unless otherwise provided by the provision of
this Code requiring the license, a license is non-transferable, and the licensee shall not be
entitled to a refund of any license fee.
160.15 Change in Facts in Application. Whenever any change occurs in any fact,
statement or condition stated or described in the license application, the applicant or
licensee shall file a written report of the change with the Clerk, who shall attach the report
to the application on file.
160.16 Enforcement; Suspension, Revocation. If any licensee violates or is in default of
complying with any condition, requirement, duty or rule of conduct imposed upon the
licensee by this Code or by the terms of the license, the Manager or the Manager's deputy
may proceed as follows:
160 - 4
City of Edina General Code Provisions and Administration 160.16
A. Notify the licensee in writing that the licensee is in violation of one or more
stated provisions of this Section or of any other Section of the Code applicable to
the occupation, machine or vehicle licensed or of any condition of the license. The
notice may state that unless the violation is removed within the period specified in
the notice, but not less than three days, the City may remove the violation and
charge the expense to the licensee, which shall be payable on demand with interest
accrued from the date of the demand until paid. Interest shall be charged at the
lesser of the two rates specified in Subd. 6 of Subsection 100.09 of this Code. At
the end of such period, if the violation has not been removed, the Manager or the
Manager's deputy may order removal of the violation by City employees using City
equipment or by contract between the City and another person. If so removed, the
cost shall be charged to the licensee and shall be payable on demand with interest.
The remedies and provisions of this paragraph A. shall be in addition to, and may
be exercised concurrently with any one or more of, the other remedies and
procedures set out in Subsections 160.16, 160.17 or 100.09, and the exercise of any
remedy or procedure shall not preclude the exercise of any one or more of the other
remedies or procedures at the same time or at different times.
B. When any violation is a substantial threat to the public peace, health, safety or
welfare, or when any violation is not removed within the time allowed under
paragraph A. above, summarily suspend the license.
C. When the Manager or the Manager's deputy has suspended a license, the
Manager or Manager's deputy shall make a written report of the facts and action
taken, and submit it to the Council at its next regular or special meeting. The
Manager or Manager's deputy shall inform the licensee of the date, time and place
of such meeting not less than three days in advance, and of proposed action to be
taken on the license at the meeting. The temporary or summary suspension of
license by the Manager or the Manager's deputy shall continue until such meeting
of the Council, unless the suspension is sooner removed by the Manager or the
Manger's deputy. All persons desiring to be heard shall have the opportunity to be
heard at such meeting. At such meeting, or at any regular or special meeting
thereafter, the Council may order the suspension continued or removed on such
terms and conditions as it may see fit and proper, or may revoke the license. If the
same license has been suspended or revoked by the Council within the previous six
months, it shall be revoked.
D. The Manager or Manager's deputy may, without suspending the license, notify
the licensee in writing of any supposed violation, or of any supposed false statement
knowingly made in the application for license, and request an explanation. If no
satisfactory explanation is submitted, the Manager shall proceed as under paragraph
C. above, by making a report and submitting it to the Council at its next regular or
special meeting, and by informing the licensee in advance of the date, time, place
and purpose of the meeting. All persons desiring to be heard shall have the
opportunity to be heard at such meeting. At such meeting, or at any regular or
160 - 5
City of Edina General Code Provisions and Administration 160.23
special meeting thereafter, the Council may order the suspension of the license on
such terms and conditions as it may see fit, or may revoke the license.
E. Whenever a machine or vehicle license is ordered suspended or revoked by the
Council, or by the Manager or the Manager's deputy, other licenses for similar
machines or vehicles held by the same licensee may also be ordered suspended or
revoked.
F. With or without acting to suspend or revoke a license, the Council, the Manager
or the Manager's deputy may submit the violation to the City Attorney for
prosecution as a misdemeanor.
160.17 Enforcement. With regard to any Code provisions relative to licensing which it
is the Sanitarian's duty to enforce, the Sanitarian shall have all the powers and duties of
the Manager in Subsection 160.16, provided, that any temporary or summary suspension
of license by the Sanitarian under paragraphs A. or B. of Subsection 160.16 may not
extend for more than 48 hours unless the order of suspension is approved and signed by
the Manager. The Sanitarian shall also have the power to post warning signs to the public
on any premises where the conditions or practices pose a substantial danger to public
health and safety.
160.18 Interference with Posted Licenses or Signs. No person shall post a license upon
premises other than those for which it was issued, or destroy, move or deface any license
or sign posted under this Section, or any license plate or tag. j
160.19 Operation without License. No person shall carry on a trade, occupation or
business, maintain a machine or a sign, store any substance, or operate a vehicle in the
City for which a license is required by this Code, without having a valid license to do so.
160.20 Effect of Suspension or Revocation of License. Whenever a license has been
suspended, it is void until the suspension has been removed. Thereupon, the license shall
again become effective. Whenever a license has been revoked, it is void, but a new license
may be issued subject to any applicable limitations contained in this and other sections of
this Code.
160.21 Suspension or Revocation of License of Firm to Carry on Occupation. Whenever
a license for carrying on a trade, occupation or business issued to a firm, partnership or
corporation has been suspended or revoked, such suspension or revocation shall be
applicable to each individual composing such firm, partnership or corporation.
160.22 Deputy. Any employee of the City authorized by the Manager or by this Code
to take any action under this Section relative to any license shall be deemed to be the
Manager's deputy for purposes of this Section.
160.23 Inspection. Any officer or employee, or deputies thereof, empowered by Section
160 - 6
City of Edina General Code Provisions and Administration 160.23
175 of this Code to serve notices of violations may enter at all reasonable times upon any
licensed premises, or premises where a licensed machine or vehicle is kept, to inspect such
premises, machine, or vehicle to determine compliance with this Code.
History. Ord 141 codified 1970, amended by Ord 141 AI 11-25-81
Reference: M.S. 364.03
Cross Reference: Section 155, Subsection 100.09
160 - 7
City of&...ia neral Code Provisions and Administration 185.01-Schee. -.c 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 $15.00 annually per establishment, plus 10
$15.00 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$2,000.00
185-2 (Effective 1/1/00)
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
$50,000.00
$50,001.00 to $100,000.00 * $574.75 for first$50,000.00 plus $6.25 34
for each additional$1,000.00 or
fraction thereof to and including
$100,000.00
$100,001.00 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
$4.25 for each additional $1,000.00 or
fraction thereof to and including
$1,000,000.00
$1,000,001.00 and up * $5012.25 for the first$1,000,000.00 37
plus $2.75 for each additional
w1 t $1,000.00 or fraction thereof
* plus surcharge pursuant to M.S. 16B.70
Plan Review �6�% 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
18: (Eff 1/1/00)
City of E..a ,--neral Code Provisions and Administration 185.01-Schen 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- $25.00/square foot 51
Subd. 3 10-25 square feet- $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
Subd. 8 Steam Or Hot Water Hearing;
Mechanical War Air Heating; Air
Conditioning; Refrigeration, and Gas
Piping Installers
435 435.07 Gas Piping Permit; Oil Burner, Stoker, Minimum Fee:
Steam Or Hot Water Heating, Residential -$22.00 plus surcharge pursuant to M.S. 16B.70 60
Mechanical Warm Air Heating And Air Commercial- $27.00 plus surcharge pursuant to M.S. 16B.70 61
Conditioning Or Refrigeration Permit Fee Calculations:
$0- $1,000 *$16.00 plus 3.10% >$500.00 62
$1,001 - $5,000 *$31.50 plus 2.60% >$1,000.00 63
$5,001 -$10,000 *$135.50 plus 2.15% >$5,000.00 64
$10,001 - $25,000 *$243.00 plus 1.85% >$10,000.00 65
$25,001 - $50,000 *$520.50 plus 1.65% >$25,000.00 66
$50,001 and over *$933.00 plus 1.30% >$50,000.00 67
*plus surcharge pursuant to M.S. 16B.70
185-4 (Effective 1/1/00)
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
440 440.04 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 $390.00 per year for each enclosed pool(partial or all of the year) 81
Subd. 4 License $210.00 per year for each outdoor pool 82
450 450.27, Public Or Semi-Public Whirlpool Bath Or $110.00 per year for each bath or pool 83
Subd. 4 Therapeutic Swimming Pool License
460 460.06, Sign Permit $70.00 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
1& (Eff 1/1/00)
City of L,#-.na _eneral Code Provisions and Administration 185.Ut-Sche____ 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
721 721.03 Subd 1 Food establishment High risk food $475.00 135
Medium risk food $300.00 136
Low risk food $75.00 137
Base fee $100.00 138
Beer or wine table service $50.00 139
Alcohol bar service $100.00 140
185-6 (Effective 1/1/00)
City of Edina General Cod Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
Food vehicle $120.00 141
Additional facility $100.00 142
Pushcart $175.00 143
Itinerant food $100.00 144
Food vending machine $15.00 145
735 735.03 Lodging establishment $4.00/room 153
Supervised group home $25.00 154
Boarding and lodging house license $75.00 155
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
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 $310.00 170
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 $500.00 180
Renewals:
0-50 spaces $100.00 181
51-"'spaces _ $150.00 182
18 (Ef 1/1/00)
City of_,-ina yeneral Code Provisions and Administration 185.(11-Scher. -_ A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
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.Ia
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 continue 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
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) $329.00 207
Off-Sale 3.2 Malt Liquor(Renewal) $260.00 208
On-Sale 3.2 Malt Liquor(New) $329.00 209
On-Sale 3.2 Malt Liquor(Renewal) $260.00 210
Wine On-Sale Restaurants Only: 1 -50 Seats $854.00 211
51 - 100 Seats $928.00 212
101-150 Seats $1007.00 213
Over 150 Seats $1,076.00 214
Temporary On-Sale Intoxicating License Per Day $50.00 215
Temporary On-Sale 3.2% Malt Liquor Per Event $59.00 216
Sunday On-Sale License Restaurants Only $200.00 217
Manager's License Per Person/Year $79.00 218
1020 1020 False Automatic Alarm $105.00 for the third and each subsequent response within one calendar year 220
185-8 (Effective 1/1/00)
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1040 1040.08 Loudspeaker Permit $16.00 225
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
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. $0.66 per 100 cubic feet for areas of City, except as described in##2 242
Subd. 2 below.
2. $1.74 per 100 cubic feet- Morningside area and for east side of Beard 243
Av. from West 54'St. to Fuller St. and both sides of Abbott Pl. from
West 54'St. to Beard Av.
3. Excessive Use Charge $0.21 per 100 cubic feet 244
Meter Charge: Up to '/a Inch Meter $8.00 per quarter 245
1 Inch Meter $10.87 per quarter
1 '/a Inch Meter $12.42 per quarter
1 '/z Inch Meter $13.97 per quarter
2 Inch Meter $22.50 per quarter
3 Inch Meter $85.40 per quarter
4 Inch Meter $108.70 per quarter
Flat Annual Charges As Follows: $2,500.00- Park Department for water used for sprinkling and skating rinks 246
18 (Eff 1/1/00)
City of--ma iencr.ei c.; ,..t t . -i, llt,; 1S,.01-sch e A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
$1,050.00- Street Department for water used for flushing street 247
1105 1105.01, Service Availability Charge(SAC) $1,100.00 per SAC unit X number of SAC units computed 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 Caf6 Permit $546.00 261
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 1"vehicle 270
Subd. 1 $75.00 per year for each additional vehicle
1325 1325.03 Tobacco Sale License $270.00 per location 280
1341 1341.05, Physical Culture&Health Service or $250.00-Business License 285
Club, Reducing Club or Salon, Sauna
Parlor, Massage Parlor or Escort Service
License
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
185-10 (Effective 1/1/00)
City of Edina Animals 300.01
CHAPTER 3. ANIMALS
Section 300 - Animal Control and Licensing
300.01 Defmitions. Unless the context clearly indicates otherwise, the following words and
phrases have the meanings given in this Subsection.
Animal. Without limitation, livestock, rodents, dogs, cats, birds, reptiles and other
animals.
Accessory Building. A subordinate building or portion of a main building which is
located on the same lot as the main building and the use of which is clearly incidental to
the use of the main building.
Animal Enclosure. Any building or portion thereof, structure or area including pens,
dog houses, kennels, and outside runs that are principally used or designed for use as a
place for the keeping of animals. For purposes of this Section, an electronic pet
containment system shall not be deemed to be an animal enclosure.
Commercial Kennel. A place where more than three dogs or other animals over six
months of age are kept, and where the business of selling, boarding, breeding, showing,
treating or grooming dogs or other animals is conducted.
Domesticated Animal. An animal domesticated by humans so as to live and breed in a
tame condition.
Electronic Pet Containment Systems. A system created by the installation of
conductors on the ground or under the ground which emit or cause to be emitted an
electronic signal for the purpose of confining animals within a predetermined area.
Impound. Seize and hold in legal custody.
Livestock. Farm animals kept for use, pleasure or profit, including, without limitation,
horses, mules, sheep, goats, cattle, swine and fowl.
Own. To own, harbor, keep or have custody of an animal or be the parent or guardian
of a person under 18 years of age who owns, harbors, keeps or has custody of an animal.
Owner. Any person who shall own, harbor, keep or have custody of an animal or the
parent or guardian of a person under 18 years of age who shall own, harbor, keep or have
custody of an animal.
300- 1
II
City of Edina Animals 300.02
Picket. To restrain an animal by means of a chain, leash or other attachment to a fixed
object, thereby confining the animal to a determined area.
Rear Yard. A portion of an improved lot between the principal building located on such
lot and the rear lines of the lot,which space is unoccupied except for accessory buildings
and the lateral boundaries of which space are coterminous with the lateral boundaries of
such lot.
i
300.02 Impounding. The Animal Control Officer, police officers, community service officers
or other person or persons designated by the Council may impound any animal found, or, by
complaint of the City, believed to be, in violation of this Section.
Subd. 1 Notice. If the identity of the owner of an impounded animal is known, the
impounder of such animal shall notify such owner as soon after such impounding as is
reasonably possible. If the identity of the owner of an impounded animal is not known,
the impounder of such animal, within 24 hours of such impounding, shall file an l
impounding notice describing the animal and stating the date and place where it was
seized. Such notice shall be filed at the animal pound and the City Police Department.
Subd. 2 Redemption. Any animal impounded for a reason other than rabies
observation or for biting a person in violation of Subsection 300.14 may be redeemed
from the animal pound by its owner within ten days of impounding by paying to the City
the redemption fees in the amounts set forth in Section 185 and a license fee if the animal
is required to be licensed and is unlicensed. The Police Department shall release any
redeemed animal to its owner.
Subd. 3 Animal Disposal. The Animal Control Officer may dispose of any animal
either alive or deceased upon(I)the request of its owner, (ii)the payment to the City of
a fee in the amount set forth in Section 185 of this Code and (iii)the receipt by the City
of a liability release signed by such animal's owner.
Subd. 4 Disposition of Unredeemed Animals.
A Any animal not redeemed within ten days after impounding may be sold at a
reasonable price which shall be not less than the amount of fees which the owner
would have to pay to redeem the animal. During the three-day period preceding
such a sale of an animal, other than a dog or a cat, a notice of the time and place
of such sale shall be posted by the Animal Control Officer in at least three
conspicuous places within the City and at the animal pound. If the animal is not
sold on the date set forth on such notice, the City may sell the animal as soon
thereafter as possible without further notice. The proceeds of the sale shall be
applied first to the payment of the expenses of impounding and selling the animal
and the balance shall be placed in the general fund.
300- 2
City of Edina Animals 300.03
B. Any animal not redeemed within ten days after impounding and not sold as
provided in paragraph A. of this Subd. 4 shall either be painlessly disposed of or
surrendered for research purposes to any educational or scientific institution
licensed pursuant to State Law.
Subd. 5 Objection by Owner; Court Order. Any owner may object to the
impounding or disposition of the animal by signing and filing an objection with the City
within five days after the action objected to was taken. Within 20 days after impounding
of an animal,if the animal is not redeemed or if the City is unable to reach agreement with
the owner regarding the keeping of the animal in a manner consistent with the provisions
of this Section, the City may bring an action in the appropriate court by serving on the
owner a complaint setting forth the violation of this Section which caused the City to take
action. The court may then order(1)the return of the animal to its owner with or without
payment of redemption fees by the owner; or(ii)the disposal, destruction or sale of the
animal; or, (iii) if the animal has been improperly disposed or sold, the payment to the
owner of the reasonable value of the animal; or(iv)imposition on the owner of the same
penalty as that for commission of a misdemeanor,or(v)any two or more of the foregoing
or any other remedy the court determines just and proper. When an objection has been
filed with the City, the City shall not dispose of or sell the animal referred to in the
objection if it is still in the pound, but shall within ten days after filing of such objection,
either return the animal to the owner, without liability on the owner's part for any fees,
or keep it pending agreement with the owner or order of the court as provided above.
If the animal has been disposed of or sold without a court order, the City after such filing
shall either pay to the owner the reasonable value of the animal or begin the action
described in this Subdivision.
300.03 Licensing Requirements.
Subd. 1 Dog License Required. Any owner of a dog over six months of age shall
secure a license for such dog from the City.
Subd. 2 Proof of Vaccination. Proof of rabies vaccination must be presented at the
time of initial licensing and each subsequent license renewal.
Subd. 3 License Fee. Each owner of a dog shall pay the amount set forth in Section
185 of this Code as required for the initial licensing fee, the renewal fee, the neutered dog
fee, or the duplicate fee. The renewal fee shall be due on or before the first day of
January of each year.
Subd. 4 Receipts and Tags. Upon payment of the license fee required by Section
185 of this Code, the City shall deliver an original receipt to the owner and retain a
duplicate of such receipt. At the time of initial licensing, the City shall also deliver a
metallic tag to the owner of the dog.
300-3
i
City of Edina Animals 300.06
A. The owner shall cause the tag to be fastened to the collar of the dog with a
permanent metal fastening in a manner so that the tag may be easily seen by the
officers of the City.
B. If a tag is lost, a duplicate tag may be issued by the City upon presentation of
a receipt showing the payment of the license fee for the current year. The City
shall charge a fee for each duplicate tag in the amount set forth in Section 185 of
this Code.
C. It shall be unlawful to counterfeit or attempt to counterfeit the tag or to take
from any dog such a tag legally placed upon it by its owner with the intent to
place it upon another dog, or to place such tag upon another dog.
,I
I
D. The tag shall not be transferable and no refunds shall be made on any dog j
license fee because of leaving the City or death of dog before the expiration of the
license period.
i�
300.04 Commercial Kennel. No person shall maintain a commercial kennel without first
having obtained a license pursuant to the provisions of this Section.
Subd. 1 Kennel License Application. The application for a commercial kennel
license or renewal thereof shall contain or have attached thereto, in addition to the
information required by Section 160 of this Code, a detailed plan and description of the
premises and structures wherein the kennel is to be operated, unless the application is for
renewal of a previous license and no change in the premises or structure has been made
or is contemplated to be made.
Subd. 2 Kennel License Fee. The fee for a commercial kennel license shall be in the
amount set forth in Section 185 of this Code.
Subd. 3 Condition of Kennel. A commercial kennel shall be kept in a clean, sanitary
and well-ventilated condition at all times, and shall be open to inspection by the
Sanitarian,the Animal Control Officer or police officer of the City at all reasonable times.
Subd. 4 Outside Runs Prohibited. No commercial kennel shall provide outside runs
or penned areas designed for the confinement of animals outside of the principal building.
300.05 Rabies Vaccination. All dogs and cats over six months of age must have current
rabies vaccination. Dogs must wear their current vaccination tags at all times.
300.06 Impounding, Quarantine or Destruction of Animals.
Subd. 1 Bites.Any animal which has bitten or is reported to have bitten a person shall
be quarantined under the care of a licensed veterinarian for ten days, or if proof of current
300- 4
City of Edina Animals 300.08
rabies vaccination is presented, the animal may be quarantined at the owner's residence
for ten days. When quarantined at the owner's residence, the animal must be kept
separate from other animals and be kept within a building or fenced area at all times unless
on a leash held by an adult.
Subd. 2 Quarantine. Any quarantined animal shall be inspected by a licensed
veterinarian at the end of the ten day quarantine period. If such animal becomes ill or dies
during the quarantine period,the Animal Control Officer shall be notified immediately and
the animal, if alive, shall be quarantined under the care of a licensed veterinarian, and if
deceased, shall be delivered to the Animal Control Officer for rabies examination.
Subd. 3 Inspection of Quarantined Animal. The owner of any quarantined animal
shall deliver to the City the "Notice of Quarantine" served on the owner by the City at the
time such quarantine is established, duly completed and signed by a licensed veterinarian
acting as the inspecting veterinarian. Such notice shall be delivered to the Animal Control
Officer not earlier than ten days, or later than 14 days, from the date of the establishment
of the quarantine. If the inspecting veterinarian finds the animal to be rabid, it shall be
destroyed. If the inspecting veterinarian finds the animal to be not rabid, the animal shall
be returned to its owner provided that the owner shall first pay the costs referred to in
Subsection 300.06, Subd. 4.
Subd. 4 Impounding or Boarding Fee. The owner of any animal that has been
quarantined shall pay any impounding or boarding fees and any costs incurred for
veterinarian services.
Subd. 5 Destruction of Animal. Any animal which has bitten or is reported to have
bitten a person may be destroyed immediately if the animal cannot be impounded after
reasonable effort, or cannot be impounded without serious risk to persons attempting to
impound it.
300.07 Muzzling Proclamation. Upon written advice that a dog found in the City is infected
with rabies or hydrophobia and that the safety and general welfare of the public is at risk, the
Manager may order, by proclamation, (I)that all dogs be muzzled when off the premises of the
owner, and (ii) that all unmuzzled dogs found off the premises of the owner be immediately
impounded. Forty-eight hours after the proclamation has been published, either by posting or
printing in the official newspaper, the Manager may further order that all unmuzzled dogs found
off the premises of the owner shall be impounded and destroyed, except that an officer may
immediately destroy such an unmuzzled dog if it cannot be impounded with reasonable effort.
Any dog impounded during the first 48 hours after the publishing of any such proclamation, if
claimed within ten days and if not infected with hydrophobia or rabies, shall be returned to its
owner after payment of all fees described in Subsection 300.02, but after said ten days,such dog
may be destroyed.
300.08 Sale or Gift of Animals for Advertising or Promotional Purposes. No person shall
300- 5
City of Edina Animals 300.14
sell, offer for sale or give away for advertising or promotional purposes any animal less than 30
days old as a pet or novelty.
300.09 Keeping of Certain Animals Regulated. No person shall keep any rabbits, mice,
hamsters, guinea pigs or other rodents, ferrets or any bird on any premises used for residential
purposes except in a metal cage so constructed that it may be completely and easily cleaned and
that the animal or animals kept therein are completely enclosed and protected from children and
animals on the outside. Such animals at all times shall be kept within the dwelling or an accessory
building.
300.10 Animal Enclosure. An animal enclosure, whether now existing or hereafter
constructed, shall not exceed 300 square feet in area and shall be placed only in the rear yard and
no closer than 20 feet to any property line.
300.11 Keeping of Certain Animals Prohibited. No person shall keep within the City:
I
A. Any livestock.
I
B. Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For the
purposes of this paragraph, the bloodline of an individual animal must comprise not less
than 51 percent domestic breeds.
C. Honeybees and apiaries.
D. Venomous snakes.
300.12 Animals Running at Large. No owner shall allow any animal to run at large on any
property without the consent of the owner or possessor of the property.
300.13 Confinement of Certain Animals.
Subd. 1 Animal in Heat. Any animal in heat shall be kept confined in a manner
which will prevent its escape and access thereto by other animals.
Subd. 2 Fierce Animal. Any domesticated animal of a fierce, dangerous or vicious
nature or disposition shall be confined(I)in a manner which will prevent its escape and
its causing harm to persons;and(ii)in a place from which it cannot be released except by
its owner and except when muzzled and under the control of a competent person.
300.14 Animals Declared a Public Nuisance.
Subd. 1 Animals Which Chase Vehicles. Any animal which habitually chases motor
vehicles on public streets, or threatens, worries, chases or attacks pedestrians,bicyclists
or other persons on public property, public areas or private property other than property
300- 6
City of Edina Animals 300.15
owned or possessed by the owner of the animal shall be deemed a public nuisance.
Subd. 2 Attacking Animals. Any domesticated animal which attacks, wounds,
worries,injures or kills any domestic animal or wildlife shall be deemed a public nuisance.
Subd. 3 Animals Which Bite. Any animal which has bitten a person, other than its
owner or a member of its owner's immediate family shall be deemed a public nuisance.
Such animal shall be quarantined pursuant to Subsection 300.06 and shall also be subject
to the procedures and penalties set out in Subsection 300.20.
Subd. 4 Animals Which Damage Property. Any animal which damages plantings
or structures or micturates or defecates on public property or on private property without
the consent of the owner or possessor of the property shall be deemed a public nuisance.
Subd. 5 Animals Running at Large. Any animal described in this Subsection found
running at large shall be impounded by the Animal Control Officer or police officers in the
manner described in this Section;provided that such animal may be immediately destroyed
by the Animal Control Officer or by a police officer if it cannot be impounded after
reasonable effort, or cannot be impounded without serious risk to persons attempting to
impound it.
300.15 Limitation on Number of Dogs or Cats. No more than three dogs or cats in the
aggregate which are over six months of age shall be kept or harbored at any place in the City,
except in a pet shop, animal hospital, or commercial kennel, unless a permit has been issued
pursuant to this Subsection by the Council.
Subd. 1 Permit Application and Hearing. Persons who wish to keep or harbor
more than the number of dogs or cats permitted by this Subsection may apply for a permit
from the Council. After the receipt of the permit application, and the fee as set forth in
Section 185 of this Code, the Council shall conduct a public hearing regarding the
application. A notice of the date, time, place, and purpose of the hearing shall be mailed
at least 10 days before the date of the hearing to each owner of property situated wholly
or partly within 200 feet of the property to which the application relates.
Subd. 2 Issuance of Permit. After hearing the oral and written views of all interested
persons,the Council shall make its decision. The Council shall not grant a permit unless
it finds that keeping or harboring more than the allowed number of dogs or cats on the
applicant's property:
A. Will not be a nuisance.
B. Will not be detrimental to the public health and safety of the applicant or other
persons in the vicinity.
300- 7
�I
City of Edina Animals 300.17 i
Subd. 3 Permit Not Transferable. No permit may be transferred to any person or
place by the person or from the place to whom and for which the permit was granted.
The permit shall be granted only for the dogs or cats described in the application. No
dogs or cats described in the application may be replaced by the applicant without first
obtaining a new permit from the Council.
Subd. 4 Conditions and Restrictions. The Council may impose conditions and
restrictions as it deems necessary for the protection of the public interest and adjacent
properties and to ensure compliance with the requirements of this Section and other
applicable provisions of this Code. Each permit issued pursuant to this Subsection shall
remain in effect only so long as the conditions and restrictions imposed by the Council are
observed and not violated.
300.16 Noise.
I
Subd. 1 Disturbing Peace and Quiet. No person owning, operating, having charge
of or occupying, any building or premises shall keep or allow to be kept any animal which
shall,by any noise,unreasonably disturb the peace and quiet of any person in the vicinity.
The phrase"unreasonably disturb the peace and quiet" shall include, but is not limited to,
the creation of any noise by any animal which can be heard by any person, including the
Animal Control Officer or a law enforcement officer, from a location outside of the
building or premises where the animal is being kept and which animal noise occurs
repeatedly over at least a five minute period of time with one minute or less lapse of time
between each animal noise during the five minute period.
Subd. 2 Complaint. Any person may call or deliver a complaint to the Animal
Control Officer stating facts and circumstances of an alleged violation of this Subsection.
The Animal Control Officer shall investigate such complaint. If a violation occurs in the
presence of the Animal Control Officer a summons may be issued. If probable cause of
a violation exists, which violation did not occur in the presence of the Animal Control
Officer, all reports, witness statements and evidence may be submitted to the City
Prosecuting Attorney for a formal complaint.
300.17 Special Requirements for Dogs.
Subd. 1 Off Premises of Owner. No dog shall be permitted to be off the premises
of its owner at any time unless it is restrained with a leash measuring ten feet or less in
length.
Subd. 2 Dogs Which Damage Property. No owner of a dog shall permit the dog to
damage any lawn,garden or other private or public property, or to micturate or defecate
on public property or private property, without the consent of the owner or possessor of
the property. It shall be the duty of each owner of a dog to remove any feces left by such
dog and to dispose of such feces in a sanitary manner. It shall also be the duty of each
300- 8
City of Edina Animals 300.17
owner of a dog when such dog is off the owner's premises to have in possession a device
or equipment for the picking up and removal of dog feces; at a minimum this equipment
must include at least two bags. The provisions of this Subsection shall not apply to a
guide dog accompanying a blind person or to a dog when used in police or rescue
activities by or with the permission of the City. This Subsection shall not be construed,
by implication or otherwise, to allow dogs to be where they are otherwise prohibited by
this Code.
Subd. 3 Picketing.No dog shall be picketed in such a manner as to create a nuisance
by reason of odor or unreasonably disturbing the peace and quiet as defined in Subsection
300.16 or which allows it to occupy any area within 20 feet of a property line.
Subd. 4 Electronic Pet Containment Systems. No electronic pet containment
system shall be installed which allows any animal confined by the system to occupy any
area within ten feet of a public sidewalk or within ten feet of the travelled portion of a
public street if there is no public sidewalk. Electronic Pet Containment systems installed
within any public right of way or public easement shall be owned and maintained by the
owner of the system. The Engineer may direct the removal or relocation of an Electronic
Pet Containment System from any public right of way or public easement at the sole cost
and expense of the owner of the Electronic Pet Containment System if the Engineer
determines the system interferes with the public's use of the right of way or easement.
The cost of any repair to Electronic Pet Containment Systems which are damaged due to
the public's use of a public right of way or public easement shall be borne solely by the
owner of the system.
Subd. 5 Clean Yard and Enclosure. A dog owner shall regularly clean any yard
occupied by the dog, or dog enclosure occupied by the dog, whether now existing or
hereafter constructed, and any area in which the dog has been picketed, and shall not
permit feces or food scraps to remain for more than 24 hours.
Subd. 6 Dangerous Dogs.
A The provisions of M.S. 347 and M.S. 343.20 through M.S. 343.40 are hereby
incorporated by reference and adopted as part of this Section. The persons
authorized to enforce this Section shall also enforce the provisions of M.S. 347
and M.S. 343.20 through 343.40. A violation of the provisions of M.S. 347 and
M.S. 343.20 through 343.40 shall also be a violation of this Section. Incorp-
oration of said Statutes shall not be a release by the City of any powers or
authority which it has without such incorporation.
B. The Animal Control Officer may declare a dog to be a potentially dangerous
dog as defined by M.S. 347.50. A notice declaring a dog to be potentially
dangerous shall be served upon the owner of the dog either personally or by
certified mail. The Animal Control Officer may require that a potentially
300- 9
City of Edina Animals 300.20
dangerous dog be confined or restrained when on the owner's property and
restrained and muzzled when off the owner's property.
C. No dog shall be declared a dangerous dog under M.S. 347 except by the
Council after a public hearing. Mailed notice of such hearing shall be given at
least ten days prior to the date of the hearing to the owner of the dog and to the
owners of all property within 250 feet of the property where such dog is usually
kept. The Council shall make its decision at such hearing or at any continuation
thereof.
300.18 Breaking Pound or City Vehicle. No person except an officer duly authorized by
law shall break open or aid or assist in, counsel or advise, the breaking open of a pound or City
vehicle used in the enforcement of this Section, or take or let out or attempt to take or let out,
any animal placed therein.
300.19 Interference with Officer. No person shall (I) take or attempt to take from any
officer referred to in Subsection 300.02, any animal seized by the officer in compliance with this
Section;or(ii)interfere in any manner with such officer in the discharge of the duties under this
Section.
300.20 Penalties.
Subd. 1 Petty Misdemeanor and Misdemeanor. Any person maintaining a nuisance
as defined in this Section, or otherwise violating this Section, upon the first conviction
thereof shall be guilty of a petty misdemeanor, and upon second conviction shall be guilty
of a misdemeanor. However,the first and each subsequent conviction of violation of the
provisions of Subsection 300.06, Subd. 1, 2 or 3 shall be a misdemeanor.
Subd. 2 Impoundment. Any animal found to be a nuisance, as defined in this
Section, or found to be violating any provisions of this Section, may be impounded
pursuant to this Section.
Subd. 3 Other Remedies. The provisions of Subsection 100.09 shall also apply to
violations of this Section.
History: Ord 312 adopted 12-2-81; amended by Ord 312-A 18-29-84, 312-A2 8-15-90, Ord
1994-2 3-2-94, Ord 1994-111-4-95, Ord 1995-2 5-1-95, Ord 1995-6 8-7-95
Reference: M.S. 343.20 through 343.40, 347
Cross Reference: Sections 160, 185
300 - 10
City of Edina Building, Construction and Signs 440.03
Section 440 - Regulating Plumbing and Installation
of Water Conditioning Equipment
440.01 Minnesota Plumbing Code. The Minnesota State Plumbing Code, adopted by
Section 410 of this Code adopting the Minnesota State Building Code, shall be applicable to
pertinent provisions of this Section.
440.02 Permit Required. No person shall construct, reconstruct, extend, alter or repair
any plumbing work, or install any plumbing fixture, or connect any plumbing work with a
cesspool or the City sewage system or the City water system, or install water conditioning
equipment without first obtaining a permit from the City. The application for a permit shall be
made to the Building Official on forms provided by the Building Official. The Building
Official may require that the application include full plans and specifications for the work. The
Building Official shall grant the permit upon finding that the work will comply with the State
Plumbing Code and this Code. No change in the work for which the permit has been issued
may be made without the written consent of the Building Official.
440.03 License Required for Plumbing or Water Conditioning Work; Exception.
Subd. 1 License Required. An applicant for a permit required by this Section must
be duly licensed or registered in accordance with Section 430 of this Code. In addition,
no individual shall construct, reconstruct, extend, alter or repair any plumbing work or
building drainage, or construct cesspools, or construct, reconstruct, or connect any
building drainage with cesspools or the City sewage system or the City water system
either directly or indirectly unless such individual holds a valid master, journeyman or
apprentice plumbing license issued by the State Department of Health to do such work;
provided that a registered apprentice plumber shall be permitted to do plumbing work
only under the direct supervision of a journeyman plumber who is present on the work
site. No individual shall install water conditioning equipment unless such person holds
a valid master or journeyman plumbing license or a water conditioning installer license
issued by the State Department of Health. No individual shall display any sign stating
or implying that said person is carrying on the business of plumbing unless said
individual holds a valid master plumber's license issued by the State. No owner, lessee
or occupant of any premises in the City, nor the representative or agent of any such
owner, lessee or occupant, shall knowingly hire or otherwise engage any person to do
plumbing work or water conditioning installation work on such premises who does not
hold a valid license issued by the State.
Subd. 2 Exceptions.
A. Any other provisions of this Section to the contrary notwithstanding and where
permitted by State Law, permits may be issued to make repairs, additions,
replacements, and alterations to any plumbing or drainage work or install water
conditioning equipment in any single family dwelling structure used exclusively for
living purposes or any buildings accessory thereto, provided that all such work in
connection with it shall be performed only by the person who is the bona fide owner
440 - 1
City of Edina Building, Construction and Signs 440.09
and occupant of such dwelling as the person's residence or a member of such
owner-occupant's immediate family. "Immediate family" includes only a parent,
spouse, child by birth or adoption, and such child's spouse.
B. Water service and building sewer lines may be installed by persons who
complete the training for and earn a Pipe Layer Card, their assistants and
contractors who employ them so long as there is at least one cardholder in each
trench where work is proceeding I L'VtO k-4-"� "`j
440.04 Fee. Applications for permits pursuant to this Section shall be accompanied by the
fee set out in Section 185 of this Code.
440.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the
installation of any plumbing work or water conditioning installation work in any building in
which a plumbing system has, in whole or in part, been installed contrary to City Code
provisions in effect at the time of such installation until such illegally installed plumbing shall
have been removed from it or brought into compliance with this Code and the Minnesota State
Plumbing Code.
440.06 Work on Condemned Plumbing. Whenever any plumbing has been condemned
by the Sanitarian or authorized assistant, a copy of the notice sent by the Sanitarian to the
agent, occupant, or person in charge or control of the premises where such plumbing has been
condemned shall be filed with the Building Official by said Sanitarian, and all repairs,
alterations and installations made on such condemned plumbing shall be made and done in
accordance with this Section. The plumber hired to perform such work shall secure a permit
for such work as required by this Section and shall make such tests of the completed work as
may be required by the Building Official.
440.07 Permit Required to Install Hot Water Heaters. No person shall install or
reinstall any hot water heater or a hot water storage tank in connection with a heating element
connected to any water system, without first having obtained a permit from the Building
Official.
440.08 When Permit Not Required. Permits will not be required for repairing leaks in
water pipes or for repairs of faucets or valves.
440.09 Additional Regulations for Plumbing Installation. The following additional
regulations shall apply to all plumbing work:
Subd. 1 Minimum Depth. The minimum depth of house water service lines shall
be seven feet.
Subd. 2 Manholes. All sewer services being cut into manholes where required shall
be inside drops of cast iron with the pipe strapped to the manhole wall and painted with
two coats of INERTOL PDXITAR paint or equal.
440 - 2
City of Edina Building, Construction and Signs 440.09
Subd. 3 Laying Lines. All sewer shall be laid with an even pitch without sags or
bows. Grades of sewer shall be one inch per eight feet minimum and one inch per two
feet maximum. All lines shall be laid on firm ground with back-fill, well compacted.
Subd. 4 Meters. Meters shall be set at least one foot above the floor and not over
four feet above it. There must be a gate or ball valve on each side of the meter.
Subd. 5 Water Services Through Buildings. All water services passing through a
portion of the building shall be run under the floor or slab to the location of the meter.
Subd. 6 Curb Boxes. Curb boxes must be brought up to grade and must be plumb
and operable after backfilling.
Subd. 7 Ditches. All ditches shall be left open until after inspection.
Subd. 8 Safety Regulations. The following safety regulations are applicable
whenever the plumbing work requires the digging of ditches or holes more than four
feet deep:
A. There must be at least two workers on each job at all times when work is in
progress;
B. All hand dug holes must be protected from collapse from the top to bottom
as they are dug;
C. All machine dug holes or ditAs with perpendicular side walls must be
shored or braced from top to bottom f eir entire length. Metal box frames
with 3/4" plywood sides or 3/4" pJNW with metal jack spreaders spaced
every three feet on center horizontally and vertically are acceptable as shoring.
All frames or shoring must be left in the excavation until after inspection;
D. Unshored holes and ditches, only if the sides are sloped one
foot out for every one and one hal et in depth. A seven foot ditch must be
11'4" across the top, an eight foot must be 12'8" across the top, and a nine
foot ditch must be 14 feet across the top, assuming a two foot width across the
bottom;
E. All materials shall be kept back at least two feet from the edge of the ditch.
All rocks or large frozen pieces must be piled far enough back to prevent their
rolling back into the ditch;
F. Where it is necessary to tunnel or undermine a slab or a curb or gutter to
make a connection, the slab or curb and gutter must be shored with 4 x 4
timbers. A 4 x 4 header must be placed under the slab or curb and gutter and
supported by two 4 x 4 timbers resting on solid ground. Shores shall be placed
at no more than three foot intervals. When digging next to foundations the
proper safety precautions shall be observed, including bracing and shoring of
walls to prevent cave-in;
440 - 3
City of Edina Building, Construction and Signs 440.12
G. All excavations must be covered or barricaded when work is not in i
progress. All excavations on streets or sidewalk ways must be undertaken in
full compliance with Section 420 of this Code; and
H. Because of the numerous underground services installed in the City by the
public utilities, the location of gas lines, telephone lines and electric lines must
be ascertained by the person in charge of the work before digging is started.
440.10 Approval of Materials, Appliances, and Fixtures. No person shall install any
materials, appliances or fixtures which have not been approved by the Building Official.
440.11 Inspection. All work for which a permit is required by this Section shall be subject
to inspection by the Building Official or the deputy, who shall be permitted access for purposes
of inspection at all reasonable times by the owner or occupant of the premises where the work
is to be or is being done, and by the person doing the work.
440.12 Procedure in Case of Violation. In case of any violation, the Building Official
may serve upon the person who performed the work, or upon the owner or occupant of the
premises where the work was done, a written notice describing the location and nature of the
violation and the steps to be undertaken to remedy the violation, and ordering that such steps
be taken within a reasonable period from the date of such service, which shall be not less than
five days nor more than 90 days. Failure by any party so served to remedy the violation
within the period specified shall be deemed a violation of this Section.
History: Ord 431 codified 1970; Ord 431-A1 2-18-76, Ord 431-A211-3-76;
Ord 432-AI 1-16-80; Ord 431-A3 5-04 Ord 431-A412-2-81; Ord 1999-8 4-19-99
Cross Reference: Sections 185, 410, 420, 430
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440 - 4
City of Edina Buildings, Construction and Signs 445.03
Section 445 - Requiring Connections to Sanitary Sewer and
Water Systems; Regulating Discharges into Sanitary Sewer System
445.01 Sanitary Sewer Connection Required.
Subd. 1 New Construction. Whenever property abuts any public street or alley in
which sanitary sewer mains have been constructed, the owner of every residential or
non-residential principal use building hereafter constructed, reconstructed, or placed on
such property, and as a part of such construction, reconstruction, or placing, shall
connect the sewage disposal lines in such building with such mains in .such street or
alley.
Subd. 2 Existing Buildings. The owner of every existing residential or non-
residential principal use building which abuts any public street or alley in which
sanitary sewer mains have been constructed, within two years after the date such
sanitary sewer mains did or will become usable, shall connect the sewage disposal lines
in such building with such mains. Such connection shall be made immediately if such
mains are usable and if the private sewage disposal lines for the building on such
property overflow, back up or otherwise fail.
445.02 Separate Sewer and Water Connections for Double Dwelling Unit Buildings or
Townhouses. In addition to the requirements of Subsection 445.01, any principal use building
in the Double Dwelling Unit District (R-2) or any townhouse, as defined by Section 850 of this
Code, that is (i) hereafter constructed, reconstructed, or placed on a lot, or (ii) now existing
but is on a lot hereafter subdivided pursuant to Section 810 of this Code and or hereafter
submitted to M.S. 515A (the Minnesota Uniform Condominium Act), or (iii) now existing but
non-conforming (as defined in Section 850 of this Code) but is hereafter destroyed or damaged
to such an extent that it is required to conform to all restrictions of Section 850 of this Code,
or (iv) now existing and conforming but is hereafter destroyed or damaged to such an extent
that, if it were a non-conforming building as defined in Section 850 of this Code, it would have
to conform to all restrictions of Section 850 of this Code, and that abuts any public street or
alley in which sanitary sewer or water mains hake been constructed, shall have the sewage
disposal lines and water services in each dwelling 'unit or townhouse unit connected with the
sanitary sewer mains or water mains and that there shall be one separate and independent
sewer and water connection for each such dwelling unit or townhouse unit.
445.03 Failure to Comply; Notice. The Manager may cause written notice of sewer and
water connection requirements to be given to any person required by Subsections 445.01 or
445.02 to make such connections. Such notice shall be mailed by certified mail or delivered
by the Sanitarian, Building Official or Planner by order of the Manager. In the event that (i)
any person, required by Subsection 445.01 to connect an existing building
to sanitary sewer mains where there has been no overflow, backup or other failure of such
building's private sewage disposal system, fails to complete the making of such connection(s)
within six months after such written notice is given, or (ii) any person, required by Subsection
445.01 to connect an existing building to sanitary sewer mains where there has been an
overflow, backup or other failure of such building's private sewage disposal system fails to
445 - 1
City of Edina Buildings, Construction and Signs 445.05
complete the making of such connection within 15 days after the written notice is given, the
Council may by resolution direct that the required connection be made and the cost assessed
against the benefited property as set forth in Subsection 445.06.
445.04 Withholding Approval of Plat or Subdivision. If connections are required
because of the subdivision or submittal to the Minnesota Uniform Condominium Act of a lot in
the Double Dwelling Unit District (R-2), or because of platting or subdivision or submittal to
the Minnesota Uniform Condominium Act of property to permit sale of individual townhouses
or individual lots or individual dwelling units, the connections shall be made in connection
with such platting or subdivision or submittal, and approval of the platting or subdivision or
submittal by the Council may be conditioned upon and withheld until completion of the
required connections.
445.05 Waiver by Construction Board of Appeals. Notwithstanding anything herein to
the contrary, any connection requirement may be waived by the Construction Board of Appeals
upon request of the owner of the property for which the waiver is requested and upon a finding
being made by the Board that a hardship exists that is not a mere inconvenience and that is
caused by the physical character of, and cost of compliance with, the connection requirement
and not by the owner or any person having an interest in the property, and that the waiver will
not be substantially detrimental to the public welfare or to other lands or improvements in the
neighborhood of the property. If the waiver is from the requirements of Subsection 445.01,
such waiver shall be granted upon the condition that the owner of such property or properties
shall comply with Section 710 of this Code. If the waiver is from the requirements of
Subsection 445.02, such waiver shall be granted upon the further condition that the owner or
owners of the property or properties shall execute and deliver to the City a recordable
agreement, in form and substance acceptable to the Manager, providing:
�I
A. That the City shall not be liable to any owners or occupiers of the property or
I
properties for any damage or injury to persons or property resulting from a lack of the
required separate and independent connections;
B. That all owners of the property or properties served by less than the required
separate and independent connections shall share equally in any costs incurred as a
result of not having the required separate and independent connections and shall pay
equally all sewer and water charges made for services to such property or properties;
C. That the City may determine the charges for water and sewer usage by
allocating consumption equally among all properties using the common connection and totaling
the separate charges based upon such allocation;
D. That the City may discontinue water and sewer services to such property or
properties pursuant to Section 1100 of this Code even though such discontinuance will
affect property in addition to that of the persons causing the delinquency; and
E. That, if the property or properties are thereafter platted or subdivided or submitted
to the Minnesota Uniform Condominium Act, to permit the sale of individual
445 - 2
City of Edina Buildings, Construction and Signs 445.07
townhouses or individual lots or individual dwelling units, the City may require that, in
connection with such platting or subdivision or submittal, each such individual
townhouse, lot or dwelling unit shall have sewage disposal lines and water lines
connected directly and separately from all other townhouses or lots to the sanitary
sewer mains and water mains serving such townhouse, lot or dwelling unit.
445.06 Assessment and Collection. After installation and connection is completed in
accordance with Council's resolution pursuant to Subsection 445.03, the Clerk shall serve a
written notice of the assessment upon the owner or owner's representative directing the owner
to pay said assessment to the City within ten days after the service of said notice. If such
assessment is not paid within ten days, the Clerk shall certify the amount of the assessment to
the county auditor for collection with interest in the same manner as other special assessments
and the same shall become a lien upon the property until paid; provided, the Council may by
resolution provide that the assessment be spread over a term of up to ten years upon request of
the owner of the property or the owner's representative. Interest shall be charged on such
assessment in the manner and at the rate then charged by the City in connection with special
assessments.
445.07 Certain Connection Prohibited; Inspections.
Subd. 1 Prohibited Discharges and Connections. No person, owner, lessee, or occupant
of any parcel of land, building or premises shall discharge, or permit to be discharged,
directly or indirectly, into the sanitary sewer system: (i) any surface water or
groundwater including water from roofs, yards, lawns, streets, alleys, groundwater
sump pumps, footing tile, or other natural precipitation or (ii) any gravel, sand, dirt, or
any other heavy material or any substance causing any extraordinary obnoxious odors
or gases or (iii) swimming poll discharges not permitted by Subd. 2 or Subsection
450.12 of this Code. A sump pump discharge system shall have a permanently
installed discharge line which provides for year-round discharge to either the outside of
a building or structure in compliance with subd. 3 of Subsection 1035.03 of this Code
or is connected to the City storm sewer. The system shall consist of a discharge line
without valving or quick connections or flexible sections which allows the redirection
of the sump pump discharge into the sanitary sewer system. If connected to a City
storm sewer, the system shall include a check valve and an air gap.
Subd. 2. Inspection. Every person, owner, lessee or occupant of any parcel of land,
building or premises that discharges into the City's sanitary sewer system shall allow an
employee of the City or a designated representative of the City to inspect the building
or premises to confirm that the building or premises conforms to the requirements of
Subd. 1 of this Subsection. In lieu of the City inspection the owner, lessee or occupant
may furnish a certificate from a City registered State licensed plumber certifying that
the building or premises is in compliance with the requirements of Subd. 1 of this
Subsection. The City may periodically re-inspect any building or premises to determine
continued compliance with the requirements of Subd. 1 of this Subsection.
445.08 Removal of Prohibited Connections; Surcharge. Any person, owner, lessee or
occupant, and any plumber or building contractor who has presently made or permitted to be
445 - 3
City of Edina Buildings, Construction and Signs 445.09
made, or shall make or permit to be made, any connection or installation in violation of
Subsection 445.07 shall immediately remove such connection or correct such an installation. If
not removed or corrected within 30 calendar days after notice of the violation has been
delivered personally or by certified mail to such person, owner, lessee or occupant, the City
may impose a surcharge in the amount provided in Section 185 of this Code. Such a surcharge
may also be imposed upon any property owner, lessee, or occupant who, after 30 calendar day
notice, refuses to allow their property to be inspected or fails to provide the certificate from a
City registered State licensed plumber as required by Subd. 2 of Subsection 445.07. The
owner, lessee, occupant of a building or premises found to be not in conformance as required
in Subsection 445.07 during periodic re-inspections may be subjected to a surcharge as
provided in Section 185 of this Code, for all months between the two most recent inspections
or a maximum charge not to exceed twelve (12) monthly surcharges. In addition, any such
person, owner, lessee, occupant, plumber or building contractor may be subject to the
provisions of Subsection 100.09 of this Code.
445.09 Clear Water Sump Pits. The construction or installation of any clear water sump
pit shall include the installation of a sump pump and sump pump discharge lines which meet
the requirements of Subd. 1 of Subsection 445.07 and Subd. 3 of Subsection 1035.03 of this
Code and all applicable codes.
History: Ord 431 codified 1970; amended by Ord 431-Al2-18-76, Ord 431-A2 I1-3-76,
Ord 431-A3 5-13-81, Ord 431-A412-2-81; Ord 1998-1; 3-16-98
Reference: M.S. 444.075, 445.01, 515A
Cross Reference: Sections 710, 810, 850, 1100, Subsection 100.09
I
I
445 - 4
City of Edina Buildings, Construction and Signs 450.01
Section 450 - Swimming Pools
450.01 Definitions. For the purpose of this Section, the following terms, phrases,words,
and their derivations shall have the meanings given.
Backwash Piping. The piping which extends from the backwash outlet of a filter to
its terminus at the point of disposal.
Filter. A material or apparatus by which water is clarified.
Inlet. The fitting or opening through which filtered water enters the pool.
Lifeline Anchors. The rings at transition point of the pool.
Main Outlet. The outlet at the deep portion of the pool through which the main
flow of water leaves the pool when being drained or being recirculated.
Main Suction. The line connecting the main outlet to the pump suction.
Pool Deck. The finished area around the pool.
Pool Depth The distance between the floor of the pool and the maximum operating
level when the pool is in use.
Pool Floor. That portion of the pool that is horizontal or inclined less than 45
degrees to the vertical from the horizontal.
Pool Wall. That portion of the pool that is vertical or inclined more than 45 degrees
to the vertical from the horizontal.
Public or Semi-Public Special Purpose Pool. Any pool in which the water is agitated
by the use of propellers, recirculating pumps, compressed air, or any other means,
except when located within or adjoining a single family residence, and available
only to the occupants of the residence and private guests.
Public or Semi-Public Swimming Pool. Any swimming pool other than a residential
swimming pool.
Recirculating Piping. The piping through which the water circulates from the pool
to the filter and return to the pool.
Recirculation Skimmer. A device connected with pump suction used to skim the
pool over a self-adjusting weir and return the water to the pool through the filter.
450 - 1
City of Edina Buildings, Construction and Signs 450.03
Residential Special Purpose Pool. Any basin for holding water which is designed for
human use, 100 square feet or less in water surface area with a water depth greater
than 24 inches at any point and which is accessory to a single family residence.
This definition includes, but is not limited to treatment pools, therapeutic pools,
whirlpools, spa pools, hot tubs and wading pools.
Residential Swimming Pool. Any constructed pool which is used, or intended to be
used, as a swimming pool in connection with a single family residence, and
available only to the occupants of the residence and private guests.
Return Piping. The piping which carries the filtered water from the filter to the
pool.
Swimming Pool. Any basin for holding water, designed for human use, with a
water depth greater than 24 inches.
Transition Point. The point between the shallow and deep area of the pool.
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Vacuum Fitting. The fitting in the wall of the pool which is used as a convenient
outlet for connecting the underwater suction cleaning equipment.
Vacuum Piping. The piping which connects the vacuum fitting to the pump suction.
Width and Length Determination. The width and length of the pool shall be
determined by actual water dimensions.
450.02 Construction Permit Approval. No person shall commence any work on the
construction of a swimming pool, or any alteration, addition, remodeling or other
improvement, or on any repair to a swimming pool, without first obtaining a permit from
the Building Official. The applicant for a permit shall submit for approval by the Sanitarian
three sets of identical plans and specifications and pertinent explanatory data relative to
design, operation and maintenance insofar as health and safety features are concerned in
accordance with the standards prescribed by this Section. Approval by the Sanitarian shall
not pertain to design for structural stability. The Building Official shall not issue the
permit until the plans and specifications have been approved by the Sanitarian.
450.03 Plans to be Submitted. Plans, specifications and pertinent explanatory data
required by Subsection 450.02 shall comply with the provisions of this Section and shall
include, but not be limited to, the following, as well as such other data as may be
reasonably requested by the Sanitarian and the Building Official:
A. The general layout of the entire building lot on which the pool is to be located,
distances of the pool from the lot lines, water supply systems, buried sewers and
sewage disposal systems, utilities (electric, gas, telephone, etc.) or other sources of
contamination within 50 feet of the pool. The plans shall be drawn to a scale of
450 - 2
City of Edina Buildings, Construction and Signs 450.06
not less than one-fourth inch equals one foot and shall indicate all dimensions,
including the effective length, depth, and width of the pool deck and similar items.
B. Cross-section views of the pool.
C. Cross-section view of scum gutters and skimmers.
D. Diagrams showing all pipes, lines, vacuum lines, waste and discharge lines,
circulation and other piping and listing material specifications and size.
E. Pool equipment layout, showing location of filters, pumps, chlorinators, chemical
feeds, flow meter gauges, sight glass, strainers, hair and lint interceptors, and the
dimensions of the filter room, its location, floor drain, sumps and other pertinent
information.
F. Liquid capacity of the pool.
G. Kind, number and size of filters, including the square footage of the filter area
in each unit.
H. Rated capacity of the filter in gallons per minute.
I. Description of chemical feeds for soda ash and alum, if used.
J. Type, kind and description of chlorinator to be installed.
K. Type and range of testing equipment, including chlorine.
L. Source of water supply.
450.04 Construction in Accordance with Approved Plans;Deviation. All swimming pools,
appurtenances,water supply and drainage systems, and other features shall be constructed
in conformity with the approved plans. For any deviation from such plans, a
supplementary plan covering that portion of the work involved shall be filed for approval
and shall conform to the provisions of this Section.
450.05 Permit Fee. The fee for a permit required by Subsection 450.02 shall be in the
same amount as the fee for a building permit as set forth in Section 185 of this Code.
450.06 Construction. The design and construction, as well as all equipment and
materials, shall comply with the following requirements:
Subd. 1 Structural Design. The pool structure shall be engineered and designed
to withstand the expected forces to which it will be subjected. All non-masonry
constructed walls shall be installed in accordance with the manufacturer's specifications.
450 - 3
City of Edina Buildings, Construction and Signs 450.06
Subd. 2 Wall Design. The top elevation of the pool walls shall not exceed by
more than eight inches the highest ground elevation abutting the pool walls at any
point. In determining such highest ground elevation, no elevation increases shall
be considered that are due to fill placed or grading done in violation of this
Subsection. The walls shall be vertical to a depth of three feet from the water level.
No right angle projection shall be permitted with exception of steps at the shallow
end.
Subd. 3 Floor Slope. The slope of the floor on the shallow side of the transition
point shall not exceed one foot vertical to ten feet horizontal (1:10). The transition
point between shallow and deep water shall occur in a water depth of at least five
feet, provided that this may be four and one-half feet if a safety line is erected at
this point. Where the water is five feet or more in depth, the maximum slope shall
not exceed one foot vertically in each three feet horizontally (1:3), provided that
the floor slope from the point of maximum depth to the deep end wall may be one
foot vertically in each one foot horizontally (1:1).
I
Subd. 4 Overflow and Surface Drainage. The pool and surrounding area shall be
constructed and arranged in such a manner that no splash or overflow water shall
return to the pool. No surface or roof drainage shall be permitted to enter the pool.
Subd. 5 Finish and Cove. Pool floor and walls shall have a cleanable, white or
similar light-colored and impermeable surface. The pool floor shall be skid resistant.
There shall be a minimum cove or rounded corner of one inch radius or more of the
pool floor and wall, or such other interior construction. Where the water depth is
less than five feet, the maximum radius or such cove shall be 12 inches.
Subd. 6 Handholds. Handholds shall be provided and consist of a bull-nosed
coping not over two and one-half inches thick for the outer two inches or an
equivalent approved handhold. The handhold shall not be more than nine inches
above the normal water line and shall extend around the entire periphery of the
pool.
Subd. 7 Pool Deck. Unobstructed deck areas not less than 48 inches wide shall
be provided to extend entirely around each swimming pool. No deck need be
provided for that side of a swimming pool forming a common wall with a residential
special purpose pool, where the water depth of both the swimming pool and the
special purpose pool are less than 54 inches, and where the deck extends around all
of those sides of the special purpose pool not sharing a common wall with the
swimming pool. The deck shall be constructed above, but not more than nine
inches above, the normal water line. The deck area shall be constructed of
impervious material, and the surface shall be smooth and easily cleaned and of non-
slip construction. The deck shall have a pitch of at least one-fourth inch to the foot,
designed so as to prevent back drainage into the pool. If deck drains are provided,
drain pipe lines shall be at least two inches in diameter; drain openings shall have
450 - 4
City of Edina Buildings, Construction and Signs 450.06
an open area of at least four times the cross-sectional area of the drain pipe. The
deck drain system shall have indirect connections to the sanitary sewer. The deck
drains shall not be connected to the recirculation system piping.
The Building Official may waive the deck requirement for a residential special
purpose pool under the following conditions:
A. The pool is accessible from at least one side by a deck.
B. The deck is no less than four feet wide as measured perpendicular to the
pool side and no less than eight feet long as measured parallel with the pool
side.
Subd. 8 Steps or Ladders. Two or more means of egress in the form of steps or
ladders shall be provided for all residential swimming pools. At least one such
means of egress shall be located on a side of the pool at the deep end and one at
the shallow end of the pool. Treads of steps and ladders shall be constructed of
non-slip material and shall be at least three inches wide for their full length.
Ladders and step holes shall have a handrail on both sides. Steps shall be located
only at the shallow end of the pool.
Subd. 9 Diving Area. Minimum depths and area shall be as follows:
Deck Intermediate One Meter
Level Board Board Board
Maximum distance 18 inches 30 inches 39.37 inches
above water
Minimum water 8 feet 8 feet 8.5 feet
depth five feet
from tip of
diving board
Distance of 10 feet 11 feet 12 feet
deep point
from diving
wall
Distance from 10 feet 11 feet 12 feet
deep point to
transition point
Minimum diving 2.5 feet 2.5 feet 3 feet
board overhang
450 - 5
i
City of Edina Buildings, Construction and Signs 450.09
Minimum distance 7 feet 7.5 feet 8 feet
from side wall
to center of
board
At least 13 feet of free and unobstructed headroom shall be provided above diving
boards. One depth marking shall be provided in the deck or the wall of the pool
above the high water line indicating the greatest depth in feet. Diving structures
shall be securely anchored.
Subd. 10 Minimum Depth. The minimum depth for all pools shall be three feet
except for special purpose pools.
Subd. 11 Above Ground Swimming Pool; Fill. Swimming pools that are
constructed or erected wholly above ground are and shall be prohibited. No fill
shall be placed or grading done on the property to raise the ground elevation for the
purpose of raising the top elevation of the pool walls.
450.07 Recirculation System. A recirculation system consisting of pumps, piping, filters,
skimmers, valves, and disinfection equipment shall be provided which will clarify and
disinfect the swimming pool water volume in 12 hours or less. The recirculation system
components shall comply with NSF International 50, 1985.
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450.08 Recirculation Pump. The recirculating pump shall have sufficient capacity to
provide the rated flows of the filter system, without exceeding the head loss at which the
pump will deliver such flows. The pump motor shall not be operated at an overload which
exceeds the service factor. The pool pump shall be equipped on the inlet side with an
approved hair and lint interceptor. The basket of the interceptor shall be non-corrosive and
have openings not larger than one-fourth inch in diameter.
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450.09 Pool Piping. The pool piping shall be sized to permit the rated flows for filtering
and cleaning without exceeding the maximum head at which the pump will provide such
flows. In general, the water velocity in the pool piping should not exceed more than six
feet per second. Where velocity is to exceed six feet per second, summary calculations shall
be provided to show that rated flows are possible with the pump and piping provided. The
recirculating piping and fittings shall meet the following requirements:
Subd. 1 Vacuum Fitting Location. Where vacuum fittings are provided, they shall
be located in accessible positions below the water line.
Subd. 2 Pool Recirculation Piping. Pool recirculation piping, passing through the
pool structure, shall be copper, brass, or approved equal tubing with a minimum
wall thickness of type "L".
450 - 6
City of Edina Buildings, Construction and Signs 450.12
Subd. 3 Pool Piping System The pool piping system shall be constructed of
materials prescribed in the Minnesota State Plumbing Code.
Subd. 4 Inspection of Pool Piping. Except for the pool water supply line, all pool
piping must be installed by the pool contractor and must be inspected by the
Building Official prior to covering the system.
450.10 Recirculating Skimming Device. Recirculating skimming devices shall be provided
to skim the surface of the pool, with one unit installed to serve each pool, and such
additional units as may be required, to provide a minimum of one for each 600 square feet
of pool water surface or fraction thereof. Recirculating skimmers and pool inlets shall be
located so that the pool inlets assist the skimming action to adequately remove the film on
the pool water surface. When pools are irregularly or specially shaped, skimming devices
shall be located in each offset.
450.11 Inlets. Adjustable inlets shall be located to produce uniform circulation of water
throughout the pool without the existence of dead spots.
Subd. 1 Minimum Number. A minimum of two inlets shall be required for each
pool, with an additional inlet for each additional 40 lineal feet or fraction thereof
of pool periphery over 120 lineal feet. Where automatic skimmers and skimmer-
filter units are used, inlets shall be installed so as to direct the flow of water in a
horizontal plane to the skimming device inlet. The minimum discharge depth of
pool inlets shall be ten inches below the pool operation level. When pools are
irregularly or specially shaped, additional inlets shall be installed in each offset.
Subd. 2 Make-up Water. Suitable facilities for adding make-up water shall be
provided. There shall be no physical connection between the water supply line and
the pool system. If the make-up water is added directly to the pool, the fill spout
shall be at least six inches above the upper rim of the pool. If the make-up water
line discharges to a surge or balancing tank, the point of discharge shall be at least
six inches above the rim of the tank. If a hose connection from a sill cock or other
plumbing fixture is to be used for supplying make-up water, then an approved
vacuum breaker shall be installed between the sill cock or control valve at the
fixture and the hose connection. Any sill cock used for this service shall be located
under a diving board or installed in a manner approved by the Sanitarian so as to
remove any hazard.
Subd. 3 Conformance with Minnesota State Plumbing Code. The systems
supplying recirculated water and make-up water to the pool shall be constructed in
conformance with the Minnesota State Plumbing Code.
450.12 Outlets.
Subd. 1 Main Outlets. Main outlets, for purposes of recirculation and emptying
450 - 7
City of Edina Buildings, Construction and Signs 450.16
the pool, shall be so located as to provide at least one outlet at the deepest point
in the pool if the pool width does not exceed 20 feet. If the pool width is more
than 20 feet, multiple outlets shall be provided and spaced not more than 20 feet
apart, nor more than ten feet from walls. All main outlets shall be equipped with
gratings having an area of openings not less than four times the cross-sectional area
of the outlet pipe. The gratings shall be designed so that they cannot be readily
removed by bathers and will not injure fingers of bathers.
Subd. 2 Drainage. If the pool cannot be drained by gravity, it shall be equipped
with valves and pumps for completely emptying the pool. The discharge of the pool
water to the sanitary sewer, or other suitable disposal unit acceptable to the
Sanitarian, shall be at a rate not to exceed 250 gallons per minute. No direct
connection shall be made to the sanitary sewer. The outlet from the pool
recirculation system shall terminate at least six inches above the receptacle
connected to the sewer. The drainage system shall be constructed under the
supervision of a licensed plumber and in conformance with the provisions of the
Minnesota State Plumbing Code. Water drained from the pool shall not be
discharged to the sanitary sewer system during periods of rainstorms.
50.13 Heater. Gas-fired swimming pool heaters and swimming 4 gP gPool boilers shall bear
the American Gas Association seal of approval. Oil burning equipment shall bear the
Underwriters Laboratory seal of approval.
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450.14 Water Supply. Water supplies serving all swimming pools shall be of a safe and
sanitary quality or otherwise acceptable to the Sanitarian. The installation of the pool
1 shall be under the supervision
water supply piping and connection to the source of supply p
of a licensed plumber.
450.15 Test. All pool piping and the installation and construction of the pool piping
system shall be in accordance with the approved plans. The entire pool piping system shall
be tested with an air test of 50 PSI and proved tight before covering or concealing.
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450.16 Chemical Treatment and Pool Water Quality. Gaseous chlorinating systems shall
not be used as a disinfecting method for residential swimming pools. Residential swimming
pools, public and semi-public pools shall meet the following standards:
Subd. 1 Free Chlorine. The free chlorine content shall be maintained between
five-tenths (0.5) and three (3.0) parts per million.
Subd. 2 Alkalinity. The pH level shall be maintained at between 7.2 and 7.8.
Subd. 3 Bacteriological Quality. A sample of swimming pool water shall be
considered satisfactory when the total bacterial count at 35 degrees centigrade does
not exceed 200 colonies per ndlliliter and no organisms of the E. Coli group are
present in a 50 milliliter portion as determined by the membrane filter method.
450 - 8
City of Edina Buildings, Construction and Signs 450.23
Procedures and interpretations relating to bacteriological quality shall be done in
accordance with the Standard Methods for the Examination of Water and Waste
Water, 13th Edition. (APHA).
450.17 Indicator Kit. An indicator kit capable of measuring free chlorine residuals in
swimming pool water accurate within one-tenth part per million shall be provided.
450.18 Safety Rope and Anchors. A safety rope and anchors shall be provided at the
water line when the designed pool operating water level is four and one-half feet or less.
450.19 Electrical Requirements.
Subd. 1 Code Conformance. All electrical installations provided for, installed and
used in conjunction with residential swimming pools shall conform with the
provisions of Section 410 of this Code.
Subd. 2 Electrical Conductors. No current-carrying electrical conductors shall
cross residential swimming pools, either overhead or underground or within ten feet
of such pools, except as necessary for pool lighting or pool accessories.
Subd. 3 Grounding. All metal fences, enclosures, or railings near or adjacent to
residential swimming pools, which might become electrically alive as a result of
contact with broken overhead conductors, or from any other cause, shall be
effectively grounded.
450.20 Operation and Maintenance. No residential swimming pool shall be used, kept,
maintained or operated in the City, if such use, keeping, maintaining or operating shall be
the cause of any nuisance or shall be dangerous to life or detrimental to health.
450.21 Inspection. The Sanitarian shall have authority to inspect any residential
swimming pool at any reasonable time during construction and thereafter to determine
whether or not the provisions of this Section regarding health, sanitation, operation and
safety are being complied with. The Building Official shall have authority to enter upon
any premises to inspect work done and installations made under any permit issued
pursuant to this Section.
450.22 Shielding Light. Lights used to illuminate any swimming pool shall be so arranged
and shielded as to reflect light away from adjoining premises.
450.23 Location. No portion of a swimming pool or any appurtenance shall be located
within ten feet of any side or rear lot line, nor in the required front yard as provided in
Section 850 of this Code. No portion of a special purpose pool or any appurtenance shall
be located within five feet of any side or rear lot line, nor in the required front yard as
provided in Section 850 of this Code.
450 - 9
i
City of Edina Buildings, Construction and Signs 450.27
450.24 Fence. All swimming pools and special purpose pools shall be completely enclosed
by a non-climbing type fence. All fence openings or points of entry into the pool area
enclosure shall be equipped with gates. The fence and gates shall be at least four feet in
height and shall be constructed of number eleven gauge woven wire mesh corrosion-
resistant material, or of other materials approved by the Building Official. All gates shall
be equipped with self-closing and self-latching devices placed at the top of the gate or
otherwise inaccessible to small children. All fence posts shall be decay or corrosion-
resistant and shall be set in concrete bases, or other suitable protection. The openings
between the bottom of the fence and the ground or other surface and the openings
between the vertical pickets shall not be more than four inches.
450.25 Safety Precautions.
Subd. 1 Ring Buoys. Every residential swimming pool shall be equipped with one
or more throwing buoys not more than 15 inches in diameter and having 60 feet
of 3/16 inch Manila line attached, and one or more light but strong poles with
blunted ends, not less than 12 feet in length, for making reach assist or rescue.
Subd. 2 Diving Board Height. The height of diving boards above the pool water
level shall be in accordance with Subsection 450.06, Subd. 9. The Sanitarian may
authorize greater diving board heights when it is shown that such increased height
will provide an equally safe diving board height-maximum pool depth ratio.
450.26 Other Design and Equipment. Any swimming pool, the design and equipment of
which incorporates features other than those set forth in this Section, shall be subject to
review and approval by the Sanitarian in accordance with acceptable standards and in
conformance with current public health and safety practices.
450.27 Public or Semi-Public Swimming Pool and Special Purpose Pool.
Subd. 1 Construction and Operation. Any public or semi-public swimming pool
or special purpose pool shall be constructed and operated in accordance with the
public and semi public provisions contained in the Minnesota Department of Health
Rules 4717.0100 - 4717.3900.
Subd. 2 Rules on File. Three copies of said rules, each marked "Official Copy", is
on file in the office of the Clerk and shall remain on file for use and examination
by the public.
Subd. 3 Official Investigation. The Sanitarian and Building Official may enter
upon any premises for the purpose of conducting preconstruction surveys,
intermediate construction investigations and operational investigations. Such entries
may be made at such times as may be deemed necessary to determine that the
facilities are constructed in accordance with approved plans, and maintained and
450 - 10
City of Edina Buildings, Construction and Signs 450.27
operated in accordance with the requirements of the rules described in this
Subsection.
Subd. 4 Valid License. No person shall operate or maintain a public or semi-
public swimming pool or public or semi public special purpose pool without having
first obtained a valid license issued by the City. The provisions of Section 160 of
this Code shall apply to all licenses required by this Subsection and to the holders
of such licenses.
A. In addition to the applicant's name and address, the applicant for a
license shall furnish the address of the premises where the pool is situated
or is to be situated.
B. The fee for a license required by this Subsection shall be in the amount
set forth in Section 185 of this Code.
C. Licenses issued pursuant to this Section shall expire on March 31 of each
calendar year.
D. It shall be the duty of the Sanitarian to enforce the provisions of this
Subsection.
History: Ord 434 codified 1970; amended by Ord 434 AI 10-27-71, Ord 434-A2 2-7-74, Ord
434-A3 2-16-77, Ord 434-A4 6-27-79, Ord 434-A5 5-14-80, Ord 434-A6 6-17-81, Ord 434-A7
3-30-83, Ord 434-A8 6-13-84, Ord 434A-9 8-14-85, Ord 434 AlO 5-13-87
Cross Reference: Sections 160, 185, 410, 850
450 - 11
City of Edina Buildings, Construction and Signs 455.03
Section 455 - Public Bathrooms and Restrooms
455.01 Public Bathroom Defined. A bathroom or restroom located in a non-residential
building or in a residential building but not within a dwelling unit.
455.02 Construction.
Subd. 1 Materials. All public bathrooms shall be constructed of materials which
are impervious to moisture, bacteria, mold or fungus growth. The floor to wall hand)-Q- '
to wall Joints shall be constructed to provide a sanitary cove with a minimum
radius of 3/8 inch. The entire floor shall be ceramic tile. All wall surfaces within
24 inches of a water closet or urinal shall be ceramic tile to a height of 48 inches.
Subd. 2 Plumbing, Ventilation, and Equipment. All public bathrooms shall be
provided with mechanical ventilation with two cfm per square foot of area, a
minimum of 15 foot candles of illumination, a hand washing sink equipped with hot
and cold running water under pressure, a floor drain, a sanitary towel dispenser, a
toilet tissue dispenser and a refuse receptacle.
455.03 Maintenance. Floors, walls, ceilings, water closets, hand washing sinks and
urinals shall be kept in good repair and maintained in a clean sanitary condition. Sanitary
hand cleaning agents, sanitary towels and toilet tissue shall be provided at all times.
Refuse receptacles shall be emptied and refuse collected as required.
History. Ord 436 codified 1970, amended by Ord 436 Al 7-21-82
455 - 1
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
neighborhood, a residential subdivision, a multiple residential complex
consisting of two or more principal buildings, a shopping center or area, an
office complex consisting of two or more principal buildings or any
combination of the above that could be termed an area.
Awning or Marquee. A roof-like structure of rigid or semi-rigid materials
attached to and extending from the facade of a principal building.
Banners and Pennants. Devices which resemble flags and are of cloth or
plastic-like consistency, and may be square, rectangular or triangular in shape.
Bench Sign. A sign which is affixed to a bench.
Building Identification Sign. A freestanding sign or wall sign bearing the
name of a building or occupant in a residential building or the name of a
tenant or business in a non-residential building. Address signs exceeding six
square feet are deemed building identification signs.
i
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. A triangle formed by connecting the three following
points: the point of intersection of the extensions of the curb lines or edge of
the traveled portion of each street or drive aisle, 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.
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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.
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. 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,
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, or
3. The sign is not placed within the street right-of-way.
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.
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City of Edina Buildings, Construction and Signs 460.03
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.
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
I
3. Maximum height 6 ft.
Subd. 6 Orientation of Signs on Corner Lots or Through Lots. When more
than one sign is permitted due to multiple frontages, each permitted sign must
be oriented toward its respective frontage. It is the intent herewith to prohibit
lots with multiple frontages from combining sign rights so as to erect larger signs
or additional signs that are oriented to only one frontage.
Subd. 7 Temporary Construction Signs - New Buildings. One temporary
construction sign may be installed upon a construction site of a new building
with ten or more dwelling units or any new non-residential principal use
building denoting the name of the owner, architect, engineer, contractor and
lender, provided such sign does not exceed 32 square feet in area. Temporary
construction signs measuring six square feet or less in sign area are permitted for
new residential buildings of less than ten dwelling . units. Temporary
construction signs shall be removed upon issuance of a certificate of occupancy
for any part of the building. Freestanding signs shall not exceed ten feet in
height.
Subd. 8 Temporary For Sale Signs - Existing Buildings and Vacant Land. A
temporary sign may be erected for the purpose of selling or leasing a residential
or non-residential building or selling vacant land provided:
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City of Edina Buildings, Construction and Signs 460.03
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
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.
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City of Edina Buildings, Construction and Signs 460.03
B. Not less than eight feet of clearance shall be provided between the
sidewalk elevation and the lowest point of the projecting sign.
C. Signs shall project from the face of the building no more than the lesser of
(i) one-third of the sidewalk width, or (ii) six feet. Sidewalk width shall be
measured perpendicular to the face of the building at the proposed sign
location.
D. The maximum sign area of wall signs located on the same building of the
projecting sign shall not exceed five percent of the wall area.
E. Proof of insurance and indemnification shall be provided in accordance
with Subd. 5 of Subsection 460.06.
Subd. 13 Awnings, Canopies, or Marquees.
A. Awnings, canopies or marquees shall be considered as part of the wall area
and thus shall not warrant additional sign area.
B. Awnings, canopies or marquees constructed of transparent or translucent
material shall be deemed to be a sign panel for purposes of determining sign
area.
Subd. 14 Address Signs. One address sign shall be required per building in all
districts.
Subd. 15 Bench Signs. Bench signs shall be permitted only at bus stops and
shall not be permitted in residential districts.
Subd. 16 Church Directional Signs. Church directional signs shall be
permitted in all districts provided the total area of such signs shall not exceed
four square feet per facing.
Subd. 17 Signs Located on Interiors of Buildings. Signs which are located on
the interior of a building and are not visible from outside of said building shall
be exempt from the provisions of this Section and shall not require permits or
payment of fees.
Subd. 18 Temporary Subdivision and Rezoning Signs. Temporary
subdivision and rezoning signs, as required by Sections 810 and 850 of this Code,
shall be exempt from the provisions of this Section and shall not require permits
or payment of fees.
Subd. 19 Temporary Garage and Estate Sale Signs. Signs promoting
occasional sales in residential areas, as permitted in Subsection 850.07, Subd. 12
of this Code, may be placed on the lot where the sale is taking place provided:
460 - 8
City of Edina Buildings, Construction and Signs 460.03
A. Such signs shall not exceed six square feet.
B. One sign is permitted per frontage.
C. Such signs shall be removed at the end of the sale.
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.
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City of Edina Buildings, Construction and Signs 460.04
F. Signs, other than Governmental Signs, which are attached to utility poles,
street lights or trees.
G. Searchlights or Beacons.
H. Vehicles with Signs. It is the intent of this Subdivision to prohibit the use
of a vehicle for the purpose of providing signage. In addition to the
requirements imposed by Sections 850 and 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.
1. Neon or fiberoptic light sources which are not within the permitted sign
area.
J. Abandoned Signs.
460.05 District Regulations. Subject to provisions of Subsections 460.03 and 460.04,
the following building identification signs and area identification signs are permitted in
each specific zoning district:
Subd. 1 R-1, R-2, and PRD-1 Districts:
Type Maximum Maximum Area Maximum
Number Hem
Nameplate or Address One per dwelling 2 sq.ft. 6 ft.
unit
Building Identification
(churches,schools,
golf courses,pubic
facilities only)
Wall: 1 per building 24 sq.ft. N/A
Freestanding: 1 per frontage 36 sq.ft. 8 ft.
Area One per 24 sq. ft. 6 ft.
development
460 - 10
City of Edina Buildings, Construction and Signs 460.05
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.
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.
Type Maximum Maximum Area Maximum
Number Heiyht
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
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City of Edina Buildings, Construction and Signs 460.05
I, 'I
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.
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
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.
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
I
per building per
frontage 40 sq. ft.for each
additional sign
460 - 12
City of Edina Buildings, Construction and Signs 460.05
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. Each permitted sign must be attached
to the ground floor level and may not exceed 15 percent of the ground floor
wall area of the accessory use.
Subd. 6 Planned Industrial District.
Type Maximum Number Maximum Area Maximum Height
Building 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.
460 - 13
City of Edina Buildings, Construction and Signs 460.05
�I
D. Accessory Retail Signs. One wall sign for each accessory retail use
provided each sign must be attached to the ground floor level and may not
exceed 15 percent of the ground floor wall area of the accessory use. All signs
shall be individual letters of uniform size, design and materials.
E. Building Identification Signs -Office.
1. MDD-6. One wall sign per building per frontage and one freestanding
sign per building per frontage. The maximum area of the first wall sign or
freestanding sign shall not exceed 50 square feet and the maximum area of
each additional sign shall not exceed 36 square feet. Maximum height -
eight feet.
2. MDD-3, MDD-4, and MDD-5. One building identification sign per
frontage. The first sign shall not exceed 50 square feet and each additional
sign shall not exceed 36 square feet. Maximum height- eight feet.
F. Retail and Publicly Owned Facilities Signs - MDD-6. Signs for retail
buildings and publicly owned facilities are permitted in accordance with the
PCD-3 District requirements provided in Subsection 460.05, Subd. 4, provided
the maximum area of freestanding signs shall not exceed 50 square feet.
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
460 - 14
City of Edina Buildings, Construction and Signs 460.06
the time of application the applicant shall also submit a fee in the amount required
by Section 185 of this Code. If a sign is erected without a permit, the applicant shall
submit an application for a permit and pay a fee that is two times the fee set out in
Section 185. If a sign has not been installed within three months after the date of
issuance of said permit, the permit shall become null and void.
Subd. 2 Sign Identification Decal. Upon issuance of a permit, the Planner shall
also issue a sign identification decal. The permit holder shall attach the decal to the
lower left front surface of the sign. Such decal shall indicate the number of the sign
permit.
Subd. 3 Exemptions. The following signs may be erected or displayed without
obtaining a permit therefore; provided, however, such signs must comply with all
other requirements of this Section:
A. A temporary window sign placed within a building and not exceeding 25
percent of the window area.
B. Signs having a total area of six square feet or less.
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
460 - 15
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City of Edina Buildings, Construction and Signs 460.06
i
abatement, including administration expenses, may be levied as a special
assessment against the property upon which the sign is located; or
B. Such owner or lessee may be prosecuted under Subsection 100.09 of this
Code; and
C. The City may exercise any and all other remedies provided by Subsection
100.09 of this Code.
If the owner or lessee shall have been given notice of a violation hereunder and shall
have removed or altered the sign, and shall then re-erect or install a sign which is
the same as or similar to the sign as to which notice of violation was given, such re-
erection or installation shall be deemed a violation of this Section, and no notice of
such violation shall be required.
Subd. 5 Insurance. The owner of any projecting sign shall furnish, with a permit
application, proof of self-insurance or that public liability insurance has been
procured for any death or personal injury caused by such sign, in amounts not less
than $100,000 for injury to or death of one person, or $300,000 for any one incident,
and of not less than $50,000 for damage to property arising from any one incident.
The owner shall maintain such insurance in effect at all times that the sign remains
in place. The owner shall also indemnify and hold the City and the City's officials
and employees harmless from any loss, cost, damage and expenses caused by the
projecting sign.
Subd. 6 Variances and Appeals. A permit applicant or permit holder may request
a variance from the literal provisions of this Section by filing a petition for a variance
with the Planner. The petition shall be accompanied by a fee in the amount set forth
in Section 185 of this Code. A permit applicant or permit holder also may appeal any
alleged error in any order, requirement, decision, or determination made by the
Planner in the enforcement of this Section. Appeals shall be filed in the same
manner as provided in Subsection 850.04 of this Code. Variances and appeals shall
be heard by the Zoning Board of Appeals and decisions of the Board may be
appealed to the Council, as provided in said Subsection 850.04 of this Code. The
Board shall grant a variance from the provisions of this Section only upon finding
that:
A. There are exceptional or extraordinary circumstances applicable to the
property or to the intended use that do not apply generally to other property
in the same vicinity and zoning district;
B. The variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zoning district, but which is denied to the property in question;
460 - 16
City of Edina Buildings, Construction and Signs 460.07
C. That the strict application of this Section would constitute undue hardship
as defined in Section 850 of this Code, and
D. That the granting of the variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in the vicinity
or zoning district in which the property is located.
460.07 Non-Conforming Signs.
Subd. 1 Non-Conforming Temporary Signs. Any non-conforming temporary
sign lawfully existing at the time of adoption of this Section shall be made to comply
with the requirements set forth herein or shall be removed within 90 days after the
adoption of this Section.
Subd. 2 Non-Conforming Permanent Signs. Non-conforming permanent signs
shall be allowed to continue in use, but shall not be rebuilt, altered other than to
change the 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-
A7 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;
Ord 2000-1. 2-1-00
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 Fire and Explosives 605.02
Section 605 - Adopting Fire Codes, Establishing Bureau of
Fire Prevention and Fire Lanes
605.01 Adoption of Codes. The following are adopted and incorporated by reference as a
section of this Code:
Subd. 1 Minnesota Uniform Fire Code. The 1998 Minnesota Uniform Fire Code (the
"MUFC"), promulgated by the State Department of Public Safety as published June 29,1
998 in Minnesota Rules, specifically Minnesota Statutes 1998 (229F.011 Parts 7510.3310
through 3360, 3410 through 3440, 3460 through 3480, 3540, 3580, 3590, 3640, 3660 and
3700 with the changes and omissions as set for in this Section.
Subd. 2. Uniform Fire Code. The 1997 Edition of the Uniform Fire Code
promulgated by the International Conference of Building Officials and the Western Fire
Chiefs Association (the "UFC"), with the changes and omissions as set forth in this Section
and in the MUFC.
Subd. 3 Appendices. The following appendices of the UFC are adopted as part of this
Code: 1-A, II-D, II-E, II-K, II-L, IV-B, and VI-A.
605.02 Amendments to the MUFC and UFC.
Subd. 1 Article 1. Article 1, Section 105 "Permits" of UFC is included in its entirety:
Subd. 2 Article 10. Article 10 "Fire Protection" of UFC as adopted by MUFC is
amended as follows:
Section 1001 General is amended by adding a new subsection 1001.3 reading as
follows: "1001.3 Permits for the installation .of fire protection systems shall be
obtained as provided for in Section 625 of this Code."
The remaining sections are to be re-numbered 100 1.4 through 1001.11 respectively.
Subd. 3 Article 11. Article 11, "General Precautions Against Fire" of UFC as adopted
by MUFC is amended as follows:
A. Section 1102.3 Open Burning is amended by adding to it new sections as follows:
Section 1102.3.1 Open Fires Prohibited. No person shall ignite, cause to be ignited,
or maintain an open fire except as permitted in Section 1102.3.
Section 1102.3.2 Certain Open Fires Permitted. An open burning permit in
accordance with Section 1101.3 may be issued for the following purposes:
1. Instruction and training of firefighting personnel.
2. Abatement of hazards that, in the opinion of the Fire Chief, cannot be
abated by other reasonable means.
605 - 1
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City of Edina Fire and Explosives 605.08
3. Management of vegetation by the jurisdiction, other governmental
agencies, or other individuals that, in the opinion of the Fire chief, show a
valid need, and under the direction of the Fire Department.
4. Special events or ceremonies by recognized organizations, not conforming
to Appendix II-K and under the direct supervision of the Fire Department.
B. The remainder of the sections shall be re-numbered 1102.3.3 through 1102.3.9
respectively.
it
605.03 Codes on File. One copy of each of the following, each marked "Official Copy", is on
file in the office of the Clerk and shall remain on file and available for use and examination by the
Public:
A. MUFC.
B. UFC.
605.04 Definitions.
Subd. 1 Jurisdiction. Wherever the term "jurisdiction" is used in the MUFC, it shall
mean the City.
I
Subd. 2 Chief. Wherever the term "chief" is used in the MUFC, it shall mean the Fire
Chief or an authorized representative.
605.05 Establishment of the Bureau of Fire Prevention. The Bureau of Fire Prevention is
continued as part of the Fire Department. It shall be operated under the supervision of the Fire
Chief. The members of the Bureau of Fire Prevention shall be the Fire Chief, an assistant chief,
and all inspectors of the Fire Department. The Fire Chief from time to time may appoint inspectors
of the Fire Department.
605.06 Enforcement; Appeals. The provisions of this Section shall be enforced by the Building
Official and the Bureau of Fire Prevention in accordance with Subsections 470.03 through 470.10
of this Code. Appeals from any order issued under this Section by the Building Official or the
Bureau of Fire Prevention shall be made in accordance with Subsections 470.03 through 470.10 of
this Code.
605.07 Permit Fee. The fee for each permit required by this Section and for each annual
renewal of a permit shall be in the amount set forth in Section 185 of this Code. Unless otherwise
noted, all permits shall expire one year from the date of issuance.
605.08 Fire Lanes.
Subd. 1 Establishment. The Bureau of Fire Prevention may establish fire lanes on
public or private property as may be necessary to comply with the MUFC and in order that
the travel of fire equipment may not be interfered with and that access to fire hydrants or
buildings may not be obstructed.
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City of Edina Fire and Explosives 605.10
Subd. 2 Existing Fire Lane Signs. Fire lanes in existence prior to the effective date of
this Section shall be permitted to remain using existing signs so long as such signs are
maintained in good repair and condition. If the Bureau of Fire Prevention determines that
such signs are not maintained as required in this Section, it may require signing as provided
in Subd. 3 of this Subsection.
Subd. 3 New Fire Lanes and Sign Specifications. Fire lanes established after the
effective date of this Code, or existing fire lanes changed after the effective date of this
Code, shall be marked by signs, not more than 100 feet apart, bearing the words, "No
Parking, Fire Lane, By Order of the Fire Chief", with the first and last sign marking the
limits of the fire lane. The signs shall have red letters and a red border on a white
background, shall be 12 inches by 18 inches in size and shall otherwise comply with the
standards from time to time established by the Fire Chief for such signs.
Subd. 4 Maintenance of Signs. When the fire lane is on public property or public
right-of-way, the sign or signs shall be erected and maintained by the City, and when on
private property, they shall be erected by the owner at the owners expense within 30 days
after the owner has been notified of the order. After these signs are erected they shall be
maintained by the owner at the owners expense. After the signs are erected, no person
shall park a vehicle in or otherwise occupy or obstruct the fire lane.
Subd. 5 Towing Authorization. Whenever any member of the Bureau of Fire
Prevention or a police officer finds a vehicle unattended and occupying or obstructing a fire
lane, such member of the Bureau of Fire Prevention or police officer is authorized to
provide for removal and impoundment of the vehicle at the expense of the owner of the
vehicle.
Subd. 6 Violation Exemption. Violations of this subsection are exempted from the
provisions of Subsection 605.09 and instead shall be governed and enforced by Subsection
100.09 of this Code.
605.09 Violation. No person shall be convicted of violating this Section unless such person
shall have been given notice of the violation in writing and have had a reasonable time to comply.
605.10 Interpretation. In the event of a conflict between the provisions of the MUFC and UFC
as adopted by this Section, the most stringent provision shall apply. Provided, however, that no
provision of this Section shall be interpreted to exceed the provisions of the Building Code.
History: Ord 613 adopted 5-16-90; Ord 1999-9, 4-28-99
Reference: M.S. 299F, Minnesota Rules, 1991, Section 7510
Cross Reference: Sections 185, 410; Subsections 100.09, 470.03 through 470.10
605 - 3
City of Edina Fires and Explosives 615.05
Section 615 - Fire Extinguishers
615.01 Service Defined. The term"service" or"servicing" shall mean to fill, re-fill, charge
or recharge a fire extinguisher.
615.02 License Required. No person shall engage in the business of servicing fire
extinguishers, nor shall any person individually or as a member of any firm, or employee
of any corporation, service fire extinguishers without being licensed under this Section.
The provisions of Section 160 of the City, shall apply to all licenses required by this Section
and to the holders of such licenses.
615.03 Application for License. The applicant for a license shall make application
therefore on forms provided by the Fire Chief. The application shall be accompanied by
the fee in the amount set forth in Section 185 of this Code.
615.04 Issuance of License. The Fire Chief shall issue a license upon finding that all
requirements of this Section have been met and that the applicant is qualified to service
fire extinguishers.
615.05 Signature Required. Immediately after servicing of a fire extinguisher,the licensee
shall affix a tag or decal to such fire extinguisher which contains a number, the name of
the licensee, the date of service, and the signature of the individual who serviced the fire
extinguisher.
History. Ord 643 codified 1970
Cross Reference: Section 185
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City of Edina Health 715.03
Section 715 - Mandatory Separation and Storage of Recyclables
715.01 Purpose. The purpose of this Section is to require mandatory separation of
recyclables to aid and promote collection and disposal by means other than deposit in a
sanitary landfill or by burning.
715.02 Definitions. Unless the context clearly indicates otherwise, the following terms
shall have the meanings given in this Subsection.
Dwellings. Those dwellings described at (i), (ii) and (iii) of the definition of
Premises in this Subsection.
Premises. (i) All single family dwellings now or hereafter located in the Single
Dwelling Unit District (R-1), (ii) all double dwellings now or hereafter located in
the Double Dwelling Unit District (R-2), (iii) all dwelling units in a building in a
Planned Residence District (PRD or PSR) or Mixed Development District except,
however, those in a building in the PRD-5 subdistrict, (iv) all buildings in a PRD-5
subdistrict, (v) all buildings or parts of buildings now or hereafter owned by or
leased to the City and located in the City, except, however, park shelters or park
toilet buildings, and (vi) all buildings or parts of buildings now or hereafter owned
by or leased to the School District and located within the City. The location of a
dwelling or a building in any zoning district and definitions of terms used in this
Subdivision shall be as set forth in Section 850 of this Code.
Recyclables. Newsprint, corrugated paper, glass containers, aluminum foil and cans,
tin cans, steel cans, bi-metal cans and plastic bottles reasonably free of food, dirt
and other contaminants. Also included as a recyclable is any other material that the
City may hereafter be required to collect as a recyclable by the County. For
purposes of this Section, recyclables shall not be refuse, as defined in Section 705
of this Code.
Resident. (i) Every person who is an owner or occupant of a dwelling, (ii) the City
as to the buildings or parts of the building described at (v) of the definition of
Premises in this Subsection, and (iii) the School District as to buildings or parts
described at (vi) of the definition of Premises iii this Subsection.
School District. Independent School District No. 273.
715.03 Separation and Storage of Recyclables.
Subd. 1 Responsibility of Separating Recyclables. Every resident of every
premises except the premises described at (iv) of the definition of Premises in
Subsection 715.02 shall separate the recyclables from their respective premises from
all other refuse, as defined in Section 705 of this Code. As to the premises
715 - 1
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City of Edina Health 715.04
described at (iv) of the definition of Premises in Subsection 715.02, it shall be the
obligation and responsibility of the manager or owner of such premises, and not of
the individual occupants, to separate recyclables as required by this Subdivision.
Subd. 2 Containers for Recyclables. Containers for storage of recyclables shall be
kept in the same location as is designated by Section 705 of this Code for refuse
containers. Residents of those dwellings described at (i) and (ii) of the definition
of Premises in Subsection 715.02, residents of townhouses as defined in Section 850
of this Code, and residents of dwelling units in buildings with eight units or less (in
this Code called "multi-unit buildings"), not earlier than 12 hours prior to the day
scheduled for collection of their recyclables, shall place the container holding the
recyclables at a place adjacent to the dwelling or multi-unit building or garage
accessory to the dwelling or multi-unit building and visible from the street in front
of the dwelling or multi-unit building, or at the alley if the dwelling or multi-unit
building has refuse collection service at the alley. After the scheduled collection, the
containers and any recyclables or material not collected shall be returned by the
resident of such dwelling to the same location designated for storage by this
Subsection.
Subd. 3 Storage of Recyclables. Recyclables shall be stored in containers
designed for the storage of recyclables. The contents of such containers shall be
regularly collected and disposed of in accordance with Subsections 715.04 and
715.05. The containers and surrounding area shall be maintained in such condition
and manner so as to prevent rodent and insect harborage. Any accumulation of
recyclables not maintained as provided in this Subsection is declared to be a
nuisance and shall be abated and costs charged to the property in which the
nuisance is located in accordance with Subsection 705.07 of this Code.
715.04 Collection of Recyclables.
Subd. 1 Selecting and Paying Hauler. Collection of recyclables from premises
shall be by a hauler selected and paid by a resident of the premises or by a manager
of the premises or by an association governing the premises, but which hauler is
then duly licensed by the City under Section 1300 and other applicable provisions
of this Code. The collection shall be done in compliance with all applicable
provisions of this Code.
Subd. 2 City Contract with Hauler. The foregoing provisions of Subd. 1 of this
Subsection notwithstanding, the City, at any time and from time to time, may
contract with a hauler for collection of recyclables from some or all premises. If the
City so contracts, the recyclables shall be collected from the premises covered by
such contract by the hauler under contract with the City and on terms and
conditions set out in such contract.
Subd. 3 Disposal by Resident. Neither the provisions of Subd. 1 or Subd. 2 of
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City of Edina Health 715.07
this Subsection, or any other provisions of this Section, shall prevent any resident
from disposing of such resident's recyclables without the use of a paid hauler or the
City collector, but such resident shall comply with the provisions of Subsection
715.05.
Subd. 4 Reporting Recyclables. The manager or governing association of
premises as defined at (iii) and (iv) of the definition of Premises in Subsection
715.02, shall report to the Manager, upon written request from time to time made
by the Manager or Manager's designee, and on forms prescribed by the Manager or
Manager's designee, such information relative to the program for separation, storage
and collection of recyclables then in effect for such premises as the Manager or
Manager's designee, shall request.
715.05 Disposal of Recyclables. Recyclables collected from premises shall not, in any
event, (i) be deposited in any landfill, (ii) be burned in any incinerator, or (iii) be
deposited or distributed in any way or manner which is contrary to then applicable
provisions of this Code or State law. Provided, however, that the restrictions at (i) and (ii)
above shall not apply to recyclables which are deposited in a landfill or burned pursuant
to specific prior written approval granted by the County and consented to, in writing, by
the City. Residents shall take such action as is reasonable under the circumstances to
determine that recyclables are not disposed of contrary to the provisions of this Subsection.
715.06 Reports to City. As and when requested by the City, the City and School District
shall require the haulers of their respective recyclables, who are not under contract with
the City, to keep complete and accurate records of the total tons of recyclables collected
each month from their respective premises, together with the actual weight or percentage
of the total that each recyclable material represents, and the markets used for the sale of
and primary purchasers of such recyclables. The records shall be sent to the City upon
request. The City and School District shall also require their haulers, who are not under
contract with the City, to prepare and submit to the City, at the request of the City, any
other reports, data and information relative to the separation, collection and disposal of
recyclables as may be required by provisions of this Code or State law as applicable, or
which may be requested of the City by the County. All such records, reports, data and
information, once received by the City, shall become the property of the City to be used
as it shall determine without obligation to any person.
715.07 Controlling Effect. The provisions of this Section $hall control over any contrary
or inconsistent provisions of Section 705 of this Code.
History: Ord 715 adopted 6-14-89; amended by Ord 715 AI 12-19-90.
Cross Reference: Sections 705, 850, 1300
715 - 3
City of Edina Health 740.04
Section 740 - Ventilation of Parking Garages for Multiple Dwellings
740.01 Purpose and Objectives.
Subd. 1 Purpose. The purpose of this Section is to protect the public from unacceptable
levels of carbon monoxide in dwelling units.
Subd. 2 Objectives. The general objectives of this Section include the following:
A. Prevent carbon monoxide from exceeding the maximum level in dwelling
units.
B. Monitor carbon monoxide levels periodically.
C. Correct and prevent conditions that may allow unacceptable carbon
monoxide levels.
740.02 Terms and Definitions.
Multiple Dwelling. Any building with three or more dwelling units as defined by Section
850 of the Code.
Parking Garage. An enclosure used for vehicle parking measuring over 1000 square feet
in area and capable of being closed off from ambient air.
Ventilation System. An air exchange system operated by an electric exhaust fan and inlet
opening designed to ventilate a parking garage.
740.03 Scope. This section shall be applicable to all multiple dwellings with a wall, floor or
ceiling adjacent to a parking garage.
740.04 License Required. No person shall own or operate a parking garage with a wall, floor
or ceiling which is adjacent to any multiple dwelling without first obtaining a license from the
City. Where more than one parking garage is located on one tract, as defined in Subsection
850.03 of this Code, and the parking garages are owned or under the control of one applicant,
one license shall apply to all parking garages located on such tract.
Subd. 1. License Application. The application for a license under this Section shall
be submitted on forms provided by the Clerk. The application shall be accompanied by the
fee in the amount set forth in Section 185 of this Code.
Subd. 2. License Procedure and Control. The provisions of Section 160 of this
Code shall apply to all licenses required by this Section and the holders of such licenses.
740- 1
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City of Edina Health 740.07
Subd. 3. Term. Licenses issued pursuant to this Section shall expire on June 30th of
each calendar year.
Subd. 4. Inspection Fee. An inspection fee for each parking garage, as set forth in
Section 185 of this Code, shall accompany the license application. In lieu of an inspection
fee,the applicant may submit a certificate, on forms provided by the Clerk, demonstrating
proof that the licensed premises are in compliance with this Section. Such certificate shall
be completed and signed by a person or persons who have satisfactorily demonstrated to
the Sanitarian their ability to accurately measure carbon monoxide levels in buildings and
their ability to evaluate the effectiveness of ventilation systems. The submission of said
certificate shall not prohibit the Sanitarian from entering and inspecting the licensed
premises as set forth in Section 740.06.
740.05 Standards.
Subd. 1. Maximum Level of Carbon Monoxide. At no time shall the level of carbon
monoxide exceed 10.0 parts per million (ppm) within any dwelling unit, or other area
located in a multiple dwelling which is designed or used for residential occupancy.
- Subd. 2. Ventilation. All components of ventilation systems shall comply with the
requirements of the Uniform Mechanical Code and shall at all times be fully operable for
the purpose of ventilating the parking garage.
740.06 Inspections and Right of Entry. For the purpose of determining compliance with the
provisions of this Section, the Sanitarian is authorized to make inspections at such times as the
Sanitarian deems necessary,to determine the condition of the property and the carbon monoxide
level. For the purpose of making such inspections, the Sanitarian is authorized to enter, examine
and survey all dwellings, dwelling units, rooms, garages, and premises upon which the same are
located at all reasonable times including peak traffic periods. The owner, operator and occupant
of every dwelling, dwelling unit, and rooms, shall give the Sanitarian free access to such
dwelling, dwelling unit or room and its premises including parking garages for the purpose of
such inspection, examination, and survey. Every occupant of a dwelling unit or rooms shall give
the owner of it, or the owner's agent or employee, access to any part of the dwelling unit or its
premises,including parking garages, at all reasonable times, for the purpose of making the repairs
or alterations as are necessary to effect compliance with the provisions of this Section.
Section 740.07 Enforcement
Subd. 1. Notice of Violation. Whenever the Sanitarian determines that there has been
a violation of any one or more provisions of this Section, the Sanitarian shall give notice of such
alleged violation to the license holder in person or by registered mail. The notice shall:
A. Specify the violation or violations alleged to exist or to have been committed and
the repairs or improvements required to bring the dwelling, dwelling unit or rooms into
740 - 2
City of Edina Health 740.07
compliance with the provisions of this Section.
B. Provide a time limit for the correction of the violation or violations specified. If
the license holder cannot be found or served after diligent effort, service may be made
upon such person or persons by posting a notice in a conspicuous place in or about the
dwelling affected by the notice, in which event the Sanitarian shall include in the record
a statement as to why such posting was necessary.
Subd. 2. Imminent Hazard; Temporary Condemnation. Whenever the Sanitarian
finds any dwelling, dwelling unit or rooms in a multiple dwelling in violation of the
standards established by this Section, and further finds (i)that by reason of such violation
it presents an imminent and serious hazard to public health, or to the physical or mental
health of the occupants in it, and (ii)that the repairs or improvements required to correct
the violation do not appear reasonably possible within a time which will be adequate to
eliminate such imminent hazard, then the written notice of violation provided for in Subd.
1 of this Subsection shall also state that the premises are unfit for human habitation and
shall order that the dwelling, dwelling unit or rooms be vacated either immediately or after
such period of time as the Sanitarian shall find reasonable in view of the circumstances,
pending the completion of action to eliminate the violation. In such case the notice shall
be served by delivering a copy to the person in real or apparent charge and control of the
multiple dwelling and by posting the same at a conspicuous place upon the structure. In
the case of a hazard which affects more than one dwelling unit in a multiple dwelling,
service shall be made upon an occupant of each dwelling unit, except that the failure to
make service upon an occupant of one unit shall not affect the validity or effect of service
of notice upon an occupant of other units.
Subd. 3. Failure to Correct Deficiencies. Whenever notice has been given in
accordance with Subd. 1 of this Subsection and the license holder has failed to correct the
deficiencies specified in Subd. 1 of this Section within the time allowed, the Sanitarian may
either:
A. Extend the time for correction of the deficiencies, or
B. Serve upon the license holder a written notice requiring that the dwelling, dwelling
unit, or rooms be vacated because it is unfit for human habitation.
Subd. 4. Contents of Notice. The notice shall (i) state the violation or violations
which remain uncorrected, and (ii) provide a time limit, within which to vacate the
premises. The written extension of time or notice to vacate may be served personally or
by registered mail in accordance with the procedures set forth in Subd.l of this Subsection.
Subd. 5. Correction of Violation by City; Assessment of Cost. If the license holder
fails to comply,the Sanitarian may proceed to abate or remove the violation and have costs
740- 3
City of Edina Health 740.07
assessed against the property according to procedures set forth in Section 1070 of the City
Code.
Subd. 6. Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming
unit which has been designated as unfit for human habitation and placarded as such shall
again be used for human habitation until written approval is secured from, and such
placarding is removed by, the Sanitarian. The Sanitarian shall remove such placard
whenever the defect or defects upon which the designation and placarding action were
based have been eliminated and the dwelling, dwelling unit or rooming unit has been made
to conform to the standards established by this Section.
Subd. 7. Unlawful to Deface Placard. It shall be unlawful for any person to deface,
remove or obscure any placard posted under the provisions of this Section.
History: Ord 1995-13 adotped 2-20-96
Cross Reference: Section 160, 185, 850, 1070
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740 - 4
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 Conditional 850.15 Planned Office District (POD)
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.
� !'u
Specifically, this Section is intended to implement the following oh �• of which are
contained in the Comprehensive Plan:
Maintain, protect and enhance single family detached a oods as the
dominant land use.
Encourage orderly development of multi-family housi range of
housing choice, density and location while maintaii quality of
residential development.
Control the use, development and expansion of certain al uses in the Single
Dwelling Unit District in order to reduce or eliminate unpacts of such non-
residential uses.
Encourage a more creative and imaginative approach to the development of multi-family
developments.
850-1
City of Edina Land Use, Platting and Zoning 850.01
Provide an enjoyable living environment by preserving existing topography, vegetation,
streams, water bodies and other natural land and water forms.
Encourage mixed use developments which:
A. Provide housing for persons of low and moderate income.
B. Include recreational facilities and parks.
C. Harmoniously integrate residential and non-residential uses.
D. Encourage the increased use of mass transit.
E. Reduce employment-related automobile trips.
Encourage orderly development, use and maintenance of office, commercial and industrial
uses which are compatible with the residential character of the City.
Recognize and distinguish commercial districts at the neighborhood level, the community
level and the regional level, so as to provide retail establishments compatible in use and
scale with surrounding properties, especially those used for residential purposes.
Establish requirements for parking and loading to minimize impacts on public streets and
surrounding properties.
Establish standards for landscaping and screening to contribute to the beauty of the
community, add to the urban forest and buffer incompatible uses from one another.
Preserve buildings, lands, areas and districts which possess historical or architectural
significance.
Protect surface and ground water supplies, minimize the possibility of periodic flooding
resulting in loss of life and property, health and safety hazards and related adverse effects.
Allow interim uses of closed public school buildings.
The Council also finds that sexually-oriented businesses have adverse secondary characteristics
particularly when they may be accessible to minors or are located near residential properties or
schools, day care centers, libraries and parks, and such businesses can exert a dehumanizing
influence on persons attending or using such residential 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
850-2
City of Edina Land Use, Platting and Zoning 850.03
which such businesses are located, thereby exacerbating the shortage of affordable and habitable
housing for City residents.
The concentration of sexually-oriented businesses in one area can have a substantially detrimental
effect on the area in which such businesses are concentrated and on the overall quality of urban
life. A cycle of decay can result from the influx and concentration of sexually-oriented
businesses. The presence of such businesses is perceived by others as an indication that the area
is deteriorating and the result can be devastating -- other businesses move out of the vicinity and
residents flee from the area. Declining real estate values, which can result from the concentration
of such businesses, erode the City's tax base and contribute to overall urban blight.
The regulation of the location and operation of sexually-oriented businesses is warranted to
prevent the adverse secondary effects of such businesses on the City's crime rate, its retail trade,
its property values, and in general the quality of the City's neighborhoods, commercial and
industrial districts, and urban life.
This Section divides the City into districts and establishes minimum requirements for these
districts as to the location, height, parking, landscaping, bulk, mass, building coverage, density
and setbacks of buildings and structures and the use of buildings, structures and properties for
residences, retailing, offices, industry, recreation, institutions and other uses. This Section also
provides procedures for the transfer of property to another district, procedures for the issuance of
conditional use permits, establishes the Zoning Board of Appeals, provides for the administration
of this Section, and establishes penalties and remedies for violations. This Section also establishes
overlay districts designed to preserve buildings, lands, areas and districts of historic or
architectural significance and to protect surface and ground water supplies and minimize the
possibility of periodic flooding resulting in loss of life and property, health and safety hazards
and related adverse effects.
850.02 Short Title. This Section shall be known as the Zoning Ordinance, may be cited as
such, and will be referred to in this Section as "this Section".
850.03 Rules of Construction, Interpretation, Severability, Definitions.
Subd. 1 Rules of Construction. In construing this Section, the following rules of
construction shall govern, unless their observance would involve a construction
inconsistent with the manifest intent of the Council, or be repugnant to the context of the
section:
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
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.
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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
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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
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City of Edina Land Use, Platting and Zoning 850.03
round or other arch-type roof, or to the average distance of the highest gable on a
pitched or hip roof. References in this Section to building height shall include and
mean structure height, and if the structure is other than a building, the height shall
be measured from said average proposed ground elevation to the highest point of
the structure.
Car Wash. A principal building which is equipped with a conveyor system and
other mechanical equipment and facilities for washing motor vehicles.
Car Wash - Accessory. An accessory building or part of a principal building
equipped with mechanical equipment and facilities (but not a conveyor system) for
washing motor vehicles and which is accessory to an automobile service center or
gas station. An accessory car wash shall be capable of servicing only one vehicle at
a time.
Club. A non-profit organization with bona fide members paying annual dues, which
owns, hires or leases a building, or portion, the use of which is restricted to
members and their guests.
Commission. The Planning Commission of the City.
Community Center. A building, or portion thereof, which houses public health
facilities, governmental offices and meeting rooms, social service facilities, meeting
rooms and facilities for civic and cultural organizations and groups, and publicly
sponsored recreational activities, or any combination, all of which are intended for
the use and benefit of residents of the City, and which is designated, by resolution
of the Council, as a community center.
Comprehensive Plan. Comprehensive Plan shall have the same meaning as in
Subsection 810.02 of this Code.
Conditional Use. A use which, though generally not suitable in a particular zoning
district, may, under some circumstances, and subject to conditions, be suitable in a
particular district. Conditional uses shall be allowed by this Section only pursuant
to the issuance of a conditional use permit.
Convalescent Home. A building or group of buildings licensed by the Minnesota
Department of Public Welfare for the care of children, the aged or infirm, or a
place of rest and care for those suffering physical or mental disorders. Hospitals,
clinics, maternity care homes, and other buildings or parts of buildings containing
surgical equipment are not included.
Counseling Service. A public or private organization which provides advice and
assistance concerning such matters as career objectives, chemical and alcohol abuse
and health problems. Counseling services do not include employment agencies,
attorneys' offices or uses which are typically located in business or professional
offices.
Curb Elevation. The average elevation of the constructed curb of the street along a
front lot line. Where there is no constructed curb, the Engineer shall establish the
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City of Edina Land Use, Platting and Zoning 850.03
curb elevation for purposes of this Section.
Day. A calendar day.
Day Care. A service providing care and supervision for part of a day for
individuals who are not residents of the principal building in which the service is
located.
Deck. A structure which is either freestanding or attached to a principal or
accessory building, constructed at grade or above grade, intended or designed 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.
I
Dwelling Unit. One or more rooms connected together, but which is or are
separated from all other rooms in the same building, which room constitutes, or
rooms constitute, a separate, independent unit with facilities for cooking, sleeping
and eating, and used for residential occupancy. A room or rooms shall be deemed
to be a dwelling unit if it contains or they contain facilities for cooking, sleeping
and eating, if it or they can be separated from all other rooms in the same building,
if access can be gained without entering or passing through any living space of
another dwelling unit, and if it is or they are used for residential occupancy.
Efficiency Apartment. A dwelling unit consisting of one room exclusive of
bathroom, kitchen, hallway, closets or dining alcove directly adjoining the one
room.
Efficiency Dwelling Unit. See Efficiency Apartment.
Floor Area Ratio (FAR). Gross floor area divided by lot area.
Frontage. That portion of a lot line which coincides with the right-of-way line of a
street.
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City of Edina Land Use, Platting and Zoning 850.03
Garage - Accessory. An accessory building or portion of a principal building
which is principally used for the storage of motor vehicles owned by the occupants
of the principal building.
Garage - Repair. A principal building used for the repair of motor vehicles or the
storage, for a fee, of motor vehicles for periods exceeding 24 hours.
Gas Station. A principal building and its accessory structures used for the sale of
motor fuels and oils, where automotive accessories and convenience goods may be
sold, but where repair and servicing of motor vehicles does not occur; provided,
however, that an accessory car wash is permitted. If repair or servicing is provided,
the use shall be classified as an automobile service center.
Gross Floor Area (GFA). The sum of the horizontal areas of all the floors of a
building as measured from (i) the exterior faces of the exterior walls; (ii) the
exterior window line of the exterior walls in the case of a building with recessed
windows, or (iii) the center line of any party wall separating two buildings. Gross
floor area includes basements, hallways, interior balconies and mezzanines,
enclosed porches, breezeways and accessory buildings not used for parking. Gross
floor area does not include accessory garages, parking ramps, parking garages,
areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms,
elevator shafts or stairwells. Use of the phrase "floor area," in this Section shall
mean "gross floor area" as herein defined, unless otherwise specifically stated.
Half Story. The uppermost floor of a building in which (i) the intersection of the
exterior wall and the roof is not more than three feet above the floor elevation, and
(ii) not more than 60 percent of the floor's area exceeds five feet in height as
measured from the floor to the rafters. Floors not meeting this definition shall be
deemed a story.
Helistop. An area, either at ground level or elevated on a structure, used for
landing and takeoff of helicopters.
Hotel. A building, or group of buildings, which, in whole or in part, contains
rooms used for sleeping or transient occupancy.
Lodge Hall. A hall for, or meeting place of, the members of a local branch of a
fraternal order or society, such as the Masons, Knights of Columbus, Moose,
American Legion and other similar organizations.
Lot. The basic development unit for purposes of this Section. A lot may consist of
one parcel or two or more adjoining parcels under single ownership or control, and
used for a principal use and accessory uses allowed by this Section. A lot, except
lots in a townhouse plat, must have at least 30 feet frontage on a street other than at
limited access freeway.
Lot Area. The area within the lot lines exclusive of land located below the ordinary
high water elevation of lakes, ponds and streams.
Lot - Corner. A lot at the junction of and abutting on two or more intersecting
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City of Edina Land Use, Platting and Zoning 850.03
streets, or at the point of deflection in alignment of a single street, the interior angle
of which does not exceed 135 degrees.
Lot Depth. The horizontal distance between the midpoint of the front lot line and
the midpoint of the rear lot line. The greater frontage of a corner lot is its depth and
the lesser frontage is its width.
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
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City of Edina Land Use, Platting and Zoning 850.03
designed for occupancy by a single individual 62 years of age or over, or two
individuals, one of whom is 62 years of age or over.
Setback - Front Street. The shortest horizontal distance from the forward most
point of a building or structure to the nearest point on the front lot line.
Setback - Interior Side Yard. The shortest horizontal distance from any part of a
building or structure to the nearest point on an interior side lot line.
Setback - Rear Yard. The shortest horizontal distance from any part of a building
or structure to the nearest point on a rear lot line.
Setback - Side Street. The shortest horizontal distance from any part of a building
or structure to the nearest point on a side lot line that adjoins a street.
Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters,
adult motion picture rental, adult mini-motion picture theaters, adult steam
room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult
hotels/motels, and adult body painting studios as herein defined. In addition, all
other premises, enterprises, establishments, businesses or places at or in which
there is an emphasis on the presentation, display, depiction or description of
Specified Sexual Activity or Specified Anatomical Areas which 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
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City of Edina Land Use, Platting and Zoning 850.04
who has the then longest continuous service on the Commission shall be the Chair
for that meeting. The Board shall adopt such bylaws as shall be necessary or
desirable for conduct of its business. Staff services shall be provided by the
Planning Department. Board members who discontinue legal residency in the City
shall be automatically removed 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
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City of Edina Land Use, Platting and Zoning 850.04
surveys, have been received, or within 60 days after the filing of an appeal of
an administrative decision, the Board shall conduct a public hearing and after
hearing the oral and written views of all interested persons, the Board shall
make its decision at the same meeting or at a specified future meeting.
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:
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
i
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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.
I. Conditions on Variance Approvals. In granting a variance, the Board, or the
Council on appeal, may impose conditions to ensure compliance with the purpose
and intent of this Code and to protect adjacent properties.
J. Form of Action Taken and Record. The Board, or the Council on appeal, shall
maintain a record of its proceedings which shall include the minutes of its meetings
and final order concerning the variance petition or appeal of administrative
decision. If a variance is granted, the petitioner, at the petitioner's expense, shall
duly record the final order in the proper office to give constructive notice. A
verified copy of such order, with the recording data, shall be delivered to the
Planner. The Board, or the Council on appeal, may require such order to be
recorded and such verified copy to be delivered to the Planner before the variance
shall be effective.
K. Lapse of Variance By Non-User, Extension of Time.
1. If, within one year after the date of the meeting of the Board, or the
Council on appeal, at which the variance was granted, the owner or occupant
of the affected land shall not have obtained a building permit, if one is
required, and commenced the work or improvement described in such
petition, the variance shall become null and void unless a petition for
extension of time in which to commence the proposed work or improvement
has been granted.
2. A petition for extension shall be in writing and filed with the Clerk within
such one year period. The petition for extension shall state facts showing a
good faith attempt to use the variance and shall state the additional time
requested to begin the proposed work or improvement. The petition shall be
presented to the Board for hearing, findings and decision in the same manner
as then required by this Section 850 for an original petition for variance. The
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City of Edina Land Use, Platting and Zoning 850.04
Board may grant an extension of the variance for up to one year upon finding
that a good faith attempt to use the variance has been made, that there is a
reasonable expectation that the variance will be used during the extension, that
speculation will thereby not be fostered, and that the facts and circumstances
under which the original variance was granted are not materially changed.
Subd. 2 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner of land proposed for
transfer to another district or subdistrict, the Council or the Commission.
2. A petition by an owner shall be on forms provided by the Planner, shall be
submitted with plans, data and information required by this Section, and such
other information that the Planner believes necessary for evaluation of the
petition. The petition shall be accompanied by the fee set forth in Section 185
of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at least one
sign per street frontage on the land described in the petition. The sign or signs shall
be of a design approved by the Planner, shall be 36 inches by 60 inches in size,
shall have letters at least four inches high using Helvetica medium typeface or other
letter style approved by the Planner, shall be constructed of sturdy material, shall
be neatly lettered, and shall be easily viewable from, and readable by persons on,
the adjoining street. The sign or signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
Telephone No. 927-8861"
The petition shall not be deemed filed and the Commission shall not be required to hold
any hearings on the petition until the sign has been erected as required and for at least ten
days preceding the hearing. The sign shall be kept in good repair and shall be maintained
in place until a final decision on the petition has been made by the Council, and shall be
removed by the petitioner within five days after the final decision. The failure of any
petitioner to comply fully with the provisions of this paragraph relating to the sign shall
not prevent the Commission and Council from acting on the petition nor invalidate any
rezoning granted by the Council. If the signs are not kept in good repair or removed as
required, then the signs shall be deemed a nuisance and may be abated by the City by
proceedings under M.S. 429, or any other then applicable provisions of this Code or State
Law, and the cost of abatement, including administrative expenses and attorneys' fees,
may be levied as a special assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
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City of Edina Land Use, Platting and Zoning 850.04
District, Planned Office District, Planned Commercial District and Planned
Industrial District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any existing structures, easements,
water bodies, water courses and flood plains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls
and truck loading facilities; and
e. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section.and other applicable sections of this Code.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report 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
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City of Edina Land Use, Platting and Zoning 850.04
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 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.
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City of Edina Land Use, Platting and Zoning 850.04
5. Commission Review of Final Development Plan. The Final Development
Plan shall be in form and substance acceptable to the Planner. The
Commission shall review the Final Development Plan within 45 days of its
submission and shall recommend approval by the Council upon finding that
the proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the
Final Development Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of 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
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City of Edina Land Use, Platting and Zoning 850.04
of the Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as final rezoning approval.
8. Filing. The approved Final Development Plan shall be filed in the
Planning Department.
9. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Development Plan,
as modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planning
Department prior to issuance of such permits to determine if they conform to
the provisions of this Section, the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and other
applicable provisions of this Code.
10. Changes to Approved Final Development Plan. Minor changes in the
location and placement of buildings or other improvements due to unforeseen
circumstances may be authorized by the Planner. 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.
11. Lapse of Approved Final Development Plan by Non-User; Extension of
Time.
a. If a building permit has not been obtained, and if erection or alteration
of a building, as described in the application for final development plan,
has not begun within two years after final development plan approval, the
approval shall be null and void unless a petition for extension of time in
which to commence the proposed work or improvements has been granted.
b. A petition for extension shall be made in writing and filed with the City
Clerk within such two year period. The petition shall state reasons showing
why a building permit has not been obtained, or why erection or alterations
have not commenced, and shall state the additional time requested to begin
the proposed work or improvement. 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 up to one
year upon finding that:
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City of Edina Land Use, Platting and Zoning 850.04
i. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
ii. the facts which were the basis for approving the final development
plan have not materially changed. No more than one extension shall be
granted.
D. Procedure for Rezoning to Mixed Development District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any of its existing structures,
easements, water bodies, watercourses and floodplains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the general location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking
stalls;
e. a traffic impact analysis, and travel demand management plan for
projects proposed for rezoning to MDD-5 District or MDD-6 District
(analysis and plan shall be separate documents delivered with the
Preliminary Development Plan); and
f. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable provisions of this Code.
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.
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City of Edina Land Use, Platting and Zoning 850.04
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition and Preliminary Development Plan. The hearing
shall be held not later than 60 days after the date of the recommendation by
the Commission. A notice of the date, time, place and purpose of the hearing
shall be published in the official newspaper of the City at least ten days prior
to the date of the hearing. A similar notice of hearing shall be mailed at least
ten days before the date of the hearing to each owner of property situated
wholly or partly within 500 feet of the tract to which the petition relates
insofar as the names and addresses of such owners can reasonably be
determined by the Clerk from records maintained by the Assessor. After
hearing the oral or written views of all interested persons, the Council shall
make its decision at the same meeting or at a specified future date. No new
notice need be given for hearings which are continued by the Council to a
specified future date. An affirmative vote of four-fifths of all members of the
Council shall be required to grant preliminary approval. If preliminary
rezoning approval is granted, the petitioner may prepare an Overall
Development Plan for final rezoning approval. In granting preliminary
rezoning approval, the Council may make modifications to the Preliminary
Development Plan and may impose conditions on its approval. The petitioner
shall include such modifications, and comply with such conditions, in the
Overall Development Plan, or at such other time and by such other
documents, as the Council may require or as shall be appropriate.
4. Overall Development Plan. Multiple phase developments shall be subject
to Overall Development Plan review and action and also to Final Site Plan
review and action in separate proceedings as provided. Single phase
developments shall be subject to Overall Development Plan and Final Site Plan
review and action in one proceeding. All information required in Overall
Development Plan review and action and for Final Site Plan review and action
shall be included and provided with action for Overall Development Plan
review. The Overall Development Plan shall include all required information
and data delineated on the Preliminary Development Plan and, in addition, the
following data and information:
a. a site plan illustrating the approximate location and maximum
height of all existing and proposed structures on the tract;
b. the schematic design features of all proposed streets, driveways,
vehicular entrances and exits, driveway intersections with streets,
parking areas, maneuvering areas and sidewalks;
c. a landscape concept plan;
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City of Edina Land Use, Platting and Zoning 850.04
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
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
850-25
City of Edina Land Use, Platting and Zoning 850.04
i
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.
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
850-26
City of Edina Land Use, Platting and Zoning 850.04
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
d. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements;
e. any other information necessary, in the opinion of the Planner, to
evaluate the plans and ensure compliance with requirements of this
Section and other applicable sections of this Code; and
f. demonstrate that the Final Site Plan shall be consistent with the
Overall Development Plan as approved and modified by the Council
and containing the conditions imposed by the Council to the extent
such conditions can be complied with by the Final Site Plans.
10. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planner prior to
issuance of such permits to determine if they conform to the provisions of this
Section, the approved Final Site Plan, as modified by, and with the conditions
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
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City of Edina Land Use, Platting and Zoning 850.04
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
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.
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City of Edina Land Use, Platting and Zoning 850.04
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
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
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City of Edina Land Use, Platting and Zoning 850.04
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
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 ermit is requested to allow a principal or accessory
P
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
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City of Edina Land Use, Platting and Zoning 850.04
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;
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
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City of Edina Land Use, Platting and Zoning 850.04
. A
official newspaper of the City at least ten days prior to the date of the hearing.
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; j
4. Will not impede the normal and orderly development and improvement of
other property in the vicinity;
5. Will not create an excessive burden on parks, streets and other public
facilities;
6. Conforms to the applicable restrictions and special conditions of the
district in which it is located as imposed by this Section; and
i
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
i
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City of Edina Land Use, Platting and Zoning 850.04
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.
I. Lapse of Conditional Use Permit by Non-User, Extension of Time.
1. If no use allowed by the conditional use permit has begun within two years
from the granting of the conditional use permit, the conditional use permit
shall become null and void unless a petition for extension of time has been
granted.
2. A petition for extension shall be in writing and filed with the Clerk within
two years from the granting of the conditional use permit. The petition for
extension shall state facts showing a good faith attempt to use the conditional
use permit and shall state the additional time requested to begin the use. The
petition shall be presented to the Council for hearing and decision in the same
manner as then required for an original application. The Council may grant an
extension of the conditional use permit for up to one year upon finding that:
a. a good faith attempt to use the conditional use permit has been
made,
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.
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City of Edina Land Use, Platting and Zoning 850.04
J. Filing of Conditional Use Permit. If a conditional use permit is granted, the
applicant, at the applicant's expense, shall duly file or record the permit in the
proper office to give constructive notice of it. A verified copy of the permit, with
the recording data on it, shall be delivered to the Planner. The Council may require
that the permit be so recorded or filed, and the verified copy delivered to the
Planner, before the permit shall become effective.
Subd. 5 Temporary Conditional Use Permits.
A. Purpose. The purpose of temporary conditional use permits is to allow disabled
residents of dwelling units to conduct and operate permitted customary home
occupations in their residence by means of such variances from the conditions
otherwise imposed by this Section on such occupation as the Council deems
necessary and appropriate to allow such persons to properly conduct and operate
such occupation from their residence. The Council hereby finds and determines that
it is in the best interests of the City and its citizens to provide a process and means
by which disabled persons can carry on home occupations from their residence and
thereby become or remain productive and gainfully employed, and that the granting
of conditional use permits pursuant to this Subdivision will promote the public
health, safety, morals and general welfare of the City, and its citizens. However,
disabled residents who do not need variances from conditions imposed by this
Section on customary home occupations need not, and are not required to, obtain a
conditional use permit pursuant to this Subdivision.
B. Conditional Use Provisions Apply. All the provisions of paragraphs D. and H.
of Subd. 4 of this Subsection 850.04 relative to the issuance of conditional use
permits shall apply to temporary conditional use permits issued pursuant to this
Subdivision, except as specifically changed by this Subdivision.
C. Application and Notice.
1. An application for a temporary conditional use permit may be 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;
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City of Edina Land Use, Platting and Zoning 850.04
b. the specific home occupation proposed by the applicant, including
the expected number of weekly automobile trips to the dwelling unit
by individuals other than the residents of the home expected to be
generated by the home occupation, the number of hours per day and
the number of days per week the home occupation will operate;
c. any proposed interior or exterior alterations to the dwelling unit
necessary due to the proposed home occupation; and
d. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
3. The erection of a sign shall not be required in connection with the
application for a temporary conditional use permit.
4. Notice of hearing before the Council shall be published and mailed as
provided in paragraph E. of Subd. 4 of this Subsection 850.04 except,that
mailed notice shall be given only to owners of property situated wholly or
partly within 350 feet of the property to which the application relates.
D. Conditions and Findings.
1. In order to grant a temporary conditional use permit, the Council must
make the same findings as set forth in paragraph E. of Subd.4 of this
Subsection 850.04.
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
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City of Edina Land Use, Platting and Zoning 850.04
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 j
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
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
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City of Edina Land Use, Platting and Zoning 850.04
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
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.
850-37
City of Edina Land Use, Platting and Zoning 850.05
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.
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. j
I
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)
850-38
City of Edina Land Use, Platting and Zoning 850.07
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. 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.
850-39
City of Edina Land Use, Platting and Zoning 850.07
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:
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.
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City of Edina Land Use, Platting and Zoning 850.07
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.
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.
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City of Edina Land Use, Platting and Zoning 850.07
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.
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
850-42
City of Edina Land Use, Platting and Zoning 850.07
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.
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.
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City of Edina Land Use, Platting and Zoning 850.07
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
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.
15 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
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City of Edina Land Use, Platting and Zoning 850.07
consecutive hours in any calendar year. The property offered for sale shall consist
only of items owned by the owner of the premises or by friends of such owner.
None of the items offered for sale shall have been purchased for resale or received
on consignment for purposes of resale.
Subd. 13 Platting Requirement. Any land proposed to be transferred from one zoning
district to another shall be platted into lots and blocks pursuant to and in accordance with
the requirements of Section 810 of this Code in connection with, and at the time of the
transfer. Any land which has been previously platted into lots and blocks shall be likewise
replatted to provide new lots and blocks which are compatible in size, shape, location and
arrangement with the property's intended use.
Subd. 14 Drive-Through Facility Standards.
A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.
1. Financial institutions: 3 stacking spaces per bay
2. Car wash: 25 stacking spaces per bay
3. Accessory car wash: 2 stacking spaces per bay
4. All other uses: 4 stacking spaces per bay
B. Location of Stacking Space.
1. No stacking space shall encroach into any drive aisle necessary for the
circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required by
this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A. of
Subd. 14 above, if the drive-through bay is equipped with a facility for
placing an order which is separated from the location at which the product
or merchandise is received by the customer, not less than three of the
required stacking spaces shall be provided at the ordering point.
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
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City of Edina Land Use, Platting and Zoning 850.07
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 j
within the required front street or side street setback for the principal building and
shall maintain an interior side yard and rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double
Dwelling Unit Lots. No temporary or portable building or structure, including,
without limitation, any shed, tent or shelter, which is not permanently attached to
the ground shall be placed or stored upon a lot except as accessory to, and during
the construction of, permanent buildings or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished
products, motor vehicles, trailers and all equipment shall be stored within a completely
enclosed building except:
A. Materials and equipment used for the construction or repair of structures may
be stored outdoors on the construction site during construction.
B. Motor vehicles, recreational vehicles and other vehicles may be parked or
stored outdoors in accordance with the Section 1046 of this Code.
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.
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City of Edina Land Use, Platting and Zoning 850.07
Subd. 19 Energy Collection System Setbacks. Facilities and equipment designed for
the collection of solar energy or wind energy shall maintain the same setbacks as are
required for principal buildings or structures and shall not be located within the front
yard.
Subd. 20 . Non-Conforming Uses, Buildings and Lots.
A. Non-Conforming Uses. Any non-conforming use may continue, provided that:
1. It shall not be expanded to occupy a larger portion of a building or lot,
or be extended to other buildings or lots;
2. It shall not be replaced with any other non-conforming use;
3. It shall not be resumed if it is discontinued for one year or longer; and
4. If it is ever discontinued and replaced with a conforming use, no
non-conforming use thereafter shall be made of the building or lot.
B. Non-Conforming Buildings.
1. Alterations, Additions and Enlargements.
a. a non-conforming building, other than a single dwelling unit
building, shall not be added to or enlarged, in any manner, or
subjected to an alteration involving 50 percent or more of the gross
floor area of the building, or 50 percent or more of the exterior wall
area of the building, unless such non-conforming building, including
all additions, alterations 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
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City of Edina Land Use, Platting and Zoning
850.07
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 j
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;
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
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City of Edina Land Use, Platting and Zoning 850.08
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
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
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City of Edina Land Use, Platting and Zoning 850.08
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.
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.
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City of Edina Land Use, Platting and Zoning 850.08
J. Theaters (Except Within Shopping Centers), Stadiums, Auditoriums, Arenas,
Lodge Halls, Mortuaries and Club Houses. Spaces equal in number to one-third
the maximum seating capacity, plus one space for each employee on the major
shift.
K. Governmental Administration, Public Service, Post Office. The greater of:
1. One space per employee on the major shift, plus one space per
government-owned vehicle, plus ten visitor spaces; or
2. One space for each 200 square feet of gross floor area.
L. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square feet of
gross floor area.
M. Medical or Dental Offices, Clinics and Animal Hospitals. One space for each
200 square feet of gross floor area, plus one space per physician, dentist or
veterinarian.
N. Hospitals. One space per bed, plus one space per employee or volunteer on the
major shift.
O. Athletic, Health, and Weight Reduction Facilities.
1. Six spaces per court for handball, racquetball and tennis courts.
2. 2. One space per 200 square feet of gross floor area for all other uses.
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
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City of Edina Land Use, Platting and Zoning 850.08
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
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
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City of Edina Land Use, Platting and Zoning 850.08
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 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.
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City of Edina Land Use, Platting and Zoning 850.08
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.
Subd. 5 Design and Construction.
A. Size.
1. Full Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 81/2 feet 18 feet 24 feet
600 9 feet 18 feet 8 feet
450 9 feet 18 feet 12 feet
2. Compact Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 71/2 feet 16 feet 24 feet
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City of Edina Land Use, Platting and Zoning 850.08
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
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.
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City of Edina Land Use, Platting and Zoning 850.08
i
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:
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
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City of Edina Land Use, Platting and Zoning 850.09
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
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
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City of Edina Land Use, Platting and Zoning 850.09
residential district.
Subd. 3 Setbacks. No loading facility shall be located within the required front street
or side street setback for the principal building or within ten feet of an interior side lot
line or a rear lot line.
Subd. 4 Design.
A. Size.
1. Large Berth: Length 55 feet
Width 14 feet
Height 15 feet
2. Small Berth: Length 25 feet
Width 12 feet
Height 15 feet
B. Docks. All docks shall be located within the perimeter of the principal or
accessory building and shall be completely enclosed except for the opening needed
for access to a vehicle during the time it is standing in the berth.
C. Construction. All loading berths shall comply with the standards for the
construction of parking areas as specified in this Section.
Subd. 5 Minimum Number of Loading Berths Required.
A. Planned Industrial District (Except Office Buildings). One large berth per
50,000 square feet of gross floor area or major fraction.
B. All Office Buildings, Mixed Development District (Office Space Only) and
Regional Medical District.
I
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).
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City of Edina Land Use, Platting and Zoning 850.10
Gross Floor Area (GFA) Number of Berths
0 - 5,000 sq. ft 0 berths
5,001 - 20,000 sq. ft. 1 small berth
20,001 - 100,000 sq. ft. 1 small berth and 1 large berth
Over 100,000 sq. ft. 1 small berth for each additional
50,000 square feet GFA or major
fraction thereof, over the original
100,000 square feet GFA
850.10 Landscaping and Screening.
Subd. 1 Landscaping.
A. Application of Requirements. All properties shall comply with the requirements
of this Section except for single dwelling unit or double dwelling unit lots, public
parks, playgrounds and athletic facilities, and public and private golf courses,
except that club houses, parking areas and other structures accessory to the golf
courses shall comply.
B. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual acceptable to the Planner.
Landscape plans shall be drawn to a scale of not smaller than one inch equals 30
feet and shall include the following information:
1. Boundary lines of the property with accurate dimensions.
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.
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City of Edina Land Use, Platting and Zoning 850.10
8. Details of restoration of disturbed areas including areas to be sodded or
seeded.
9. Location and details of irrigation systems.
10. Details and cross sections of all required screening.
C. Minimum Requirements. All open areas of a lot which are not used and
improved for required parking areas, drives or storage shall be landscaped with a
combination of overstory trees, understory trees, shrubs, flowers and ground cover
materials.
1. Minimum Number of Overstory Trees. The number of overstory trees
on the lot or tract shall be not less than the perimeter of the lot or tract as
measured in feet divided by 40.
2. Understory Trees and Shrubs. In addition to.the required number of
overstory trees, a full complement of understory trees and shrubs shall be
provided to complete a quality landscape treatment of the site.
3. Minimum Size and Root Condition of Required Overstory Trees.
Minimum Amount of Required Trees
Building Height - Front
Tree Type Deciduous Coniferous Less than 24' 24' or Greater
Ornamental 2" or less 5' or less 5% 5%
Complimentary 2'/2 " or greater 6' or greater 60% 25%
Accent 3'/z " or greater 8 ` or greater 20% 25%
Primary 4'/z" or greater 10' or greater 10% 20%
Full 5'/z" or greater 12' or greater 5% 20%
Calculations to determine minimum number of trees are always rounded up.
Tree size, as to deciduous, is the diameter of the tree measured 6 inches above
the ground. Tree size, as to coniferous, is measured in height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species which
are classified as overstory trees by the American Nurseryman's
Association. Trees which are considered as half trees, shrubs,
understory trees or ornamental trees shall not be included in the count
of required overstory trees;
b. not more than 50 percent of the required number of overstory
850-60
City of Edina Land Use, Platting and Zoning 850.10
trees shall be composed of one species;
c. no required overstory trees shall include (i) all species of the
genus Ulmus (elm); (ii) box elder; (iii) all species of the genus
Populous (poplar), or (iv) ginkgo - female only; and
d. all plant materials shall be indigenous to the hardiness zone of the
area in which the City is located.
5. Credit for Existing Trees. The total number of required new overstory
trees may be offset by the retention of existing overstory trees on the lot
provided that the trees satisfy the requirements of this Subdivision 850.10
as to size and species. The Planner shall determine the amount of the credit
for existing trees based upon their location and distribution on the lot.
6. Ground Cover. All unimproved portions of the lot or tract shall be
sodded. Provided, however:
a. areas reserved for future approved building expansions may be
seeded;
b. undisturbed areas containing existing viable natural vegetation
which can be maintained free of weeds may be left undisturbed; and
c. slopes steeper than 3:1 may be seeded.
D. Landscaping Inspection Fee. A landscaping inspection fee in the amount set out
in Section 185 of this Code shall be paid to the City at the time a building or other
permit is issued for work to be done on the same property as the landscaping
work, 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
850-61
City of Edina Land Use, Platting and Zoning 850.10
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.
I
C. Materials. Required screening may be achieved with fences, walls, earth
berms, hedges and other landscape materials. All walls and fences shall be
architecturally harmonious with the principal building. Earth berms shall not be
steeper than 3:1. All materials, including landscaping, shall have a minimum
opacity of 90 percent year round.
D. Location. All required screening shall be located on the lot occupied by the
use, building, facility or structure to be screened. No screening shall be located
upon any public road right-of-way, or within 20 feet of the traveled 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
850-62
City of Edina Land Use, Platting and Zoning 850.11
lines, but not less than five feet or greater than ten feet in height.
Subd. 3 Maintenance.
A. Responsibility. The owner of the lot upon which the required landscaping or
screening is located shall maintain all materials in a sightly and healthy growing
condition without cost to the City.
B. Security. Security shall be filed with the Planner in accordance with Section
405 of this Code to guarantee the installation and vigorous growing condition of all
landscape elements and required screening. The security shall remain in effect for
two full growing seasons. Lots provided with an irrigation system covering 100
percent of the area improved with landscaping need provide security for only one
growing season. The growing season guarantee period for plant material installed
after June 1 shall begin the following year.
.850.11 Single Dwelling Unit District (R-1).
Subd. 1 Principal Uses.
A. Buildings containing not more than one dwelling unit.
B. Publicly owned parks, playgrounds and athletic facilities.
C. Publicly and privately owned golf courses, but not including driving ranges or
miniature golf courses as a principal use.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels and temples.
B. Elementary schools, junior high schools and senior high schools having a
regular course of study accredited by the Minnesota Department of Education,
preschools and community centers.
C. Publicly owned and operated civic and cultural institutions including, but not
limited to, administrative offices, libraries, public safety buildings and places of
assembly.
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
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City of Edina Land Use, Platting and Zoning 850.11
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.
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
850-64
City of Edina Land Use, Platting and Zoning 850.11
purposes in the future if the School District's school-age population increases.
Therefore, the Council has determined that the school buildings should be allowed
to be temporarily occupied by appropriate uses during this interim period in order
to preserve a substantial public investment, to prevent the deterioration of such
public properties thereby adversely impacting surrounding private properties, to
prevent an undue financial burden upon the School District, and to promote the
general health, safety and welfare of the residents of the City. However, it is not
the purpose and intent of this Section to allow the permanent reuse of such public
school buildings for the interim uses permitted or allowed by this Section.
B. Permitted Interim Uses.
1. Schools for teaching music, dance, arts or business vocations which do
not require a conditional use permit pursuant to paragraph D. of Subd. 4 of
this Subsection 850.11; and
2. Administrative offices and meeting rooms (excluding lodge halls) for
private non-profit organizations, and counseling services, which, together
with the other such offices and meeting rooms in the same public school
building do not occupy, in the aggregate, in excess of the minimum
percentage of gross floor area set out in subparagraph La. of paragraph D.
of Subd. 4. of this Subsection 850.11, and if such offices and meeting
rooms do not require a conditional use permit pursuant to subparagraph
Lb. of paragraph D. of Subd. 4. of this Subsection.
C. Termination of All Interim Uses. If all or any part of any public school
building, or the land upon which it is located, is disposed of or transferred to
private ownership by deed, contract for deed, lease for more than three years or by
other means, all interim uses shall cease and the building and land shall then be
used for only principal uses, and accessory uses permitted in the zoning district in
which the land is situated, or allowed conditional uses pursuant to the grant of a
conditional use permit.
D. Conditional Interim Uses.
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,
850-65
City of Edina Land Use, Platting and Zoning 850.11
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.
I
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 j
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 1 3 acres.
5. Day care facilities, pre-schools 2 acres
and nursery schools.
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
850-66
City of Edina Land Use, Platting and Zoning 850.11
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).
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
850-67
City of Edina Land Use, Platting and Zoning 850.11
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' S' 25'
tool sheds, greenhouses
and garden houses.
c. detached garages, tool 30' 15' S' S'
sheds, greenhouses and
garden houses not entirely
within the rear yard.
d. unenclosed decks 30' 15' S' S'
i
and patios.
e. swimming pools, 30' 15' 10' 10'
including appurtenant
equipment and required
decking.
f. tennis courts, 30' 15 5' S'
basketball courts, sports
courts, hockey and skating
rinks, and other similar
recreational accessory
uses including appurtenant
fencing and lighting.
g. all other accessory 30' 15' S' 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'
850-68
City of Edina Land Use, Platting and Zoning 850.11
tennis, courts, main-
tenance buildings and
swimming, pools accessory
to a golf course.
c. Day care facilities, 30' 35' 35' 35'
pre-schools and nursery
schools
C. Height
1. Single dwelling unit 21/z stories or 30 feet,
buildings and structures whichever is less.
accessory thereto.
2. Buildings and structures 11/z stories or 18 feet,
accessory to single dwelling whichever is less.
unit buildings but not
attached thereto.
3. All other buildings and 3 stories or 40 feet,
structures. whichever is less.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the
frontage on one side of a street between intersections is occupied by
buildings having front street setbacks of more or less than 30 feet, the
average setback of such existing buildings shall be maintained by all new or
relocated buildings or structures or additions thereto on the same side of
that street and between said intersections. If a building or structure or
addition thereto is to be built or located where there is an established
average setback and there are existing buildings on only one side of the
built or relocated building or structure or addition thereto, the front street
setback of said new or relocated building or structure or addition thereto
need be no greater than that of the nearest adjoining principal building. If a
building or structure or addition thereto is to be built or relocated where
there is an established average setback, and there are existing buildings on
both sides of the new or relocated building or structure or addition thereto,
the front setback need be no greater than that which would be established
by connecting a line parallel with the front lot line connecting the most
forward portion of the adjacent principal building on each side.
850-69
City of Edina Land Use, Platting and Zoning 850.11 j
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
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
850-70
City of Edina Land Use, Platting and Zoning 850.12
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.
A. Accessory garages.
B. Greenhouses, garden houses, decks, patios and gazebos.
C. Tool houses and sheds for storage of domestic supplies.
D. Private swimming pools, tennis courts and other recreational facilities for use
only by residents of the principal use and their guests.
E. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and clotheslines.
F. Customary home occupations.
Subd. 3 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area (per double 15,000 sq. ft.
dwelling unit building).
850-71
City of Edina Land Use, Platting and Zoning 850.12
B. Minimum Lot Width. 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 25%
B. Setbacks (subject to the
provisions of paragraph D. of
Subd. 5 of this Subsection 850.12)
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory buildings
and structures shall be the same as those required by this Section for
buildings and structures accessory to single dwelling unit buildings in the
R-1 District.
C. Height: 21/2 stories or 30 feet, whichever is less.
Subd. 5 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Application of Requirements. Requirements for lot area and dimensions,
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;
850-72
City of Edina Land Use, Platting and Zoning 850.13
2. Each parcel resulting from the subdivision must have frontage on a
public street of not less than 25 feet;
3. The parcels resulting from the subdivision shall each comprise
approximately the same number of square feet, and no an individual parcel
shall be less than 5,000 square feet; and
4. A rear yard not less than 25 feet in depth must be provided for each
dwelling unit.
If the above conditions cannot be met, the lot may be subdivided by means of a
townhouse plat.
D. Special Setback Requirements for Double Dwelling Unit Buildings. Double
dwelling unit buildings shall comply with the special requirements for single
dwelling unit building setbacks, as provided in paragraph A. of Subd. 7 of
Subsection 850.11.
E. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 200 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
F. Basements. All double dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for the purposes of this paragraph.
G. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a double dwelling unit building shall measure less than eighteen feet
in width, as measured from the exterior of the exterior walls.
850.13 Planned Residence District (PRD, PSR).
Subd. 1 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.
850-73
i
City of Edina Land Use, Platting and Zoning 850.13 j
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.
I
Subd. 4 Density.
A. Required Lot Area. The area of the tract shall not be less than the sum of the
required lot area for each dwelling unit adjusted by the allowances permitted or
imposed by this paragraph:
Lot Area Per Maximum Allowance
Dwelling Unit Per Dwelling Unit
PRD-1 10,500 sq. ft. 0 sq. ft.
PRD-2 7,200 sq. ft. 0 sq. ft.
PRD-3 4,400 sq. ft. 1,500 sq. ft.
PRD-4 2,900 sq. ft. 1,500 sq. ft.
PRD-5
850-74
City of Edina Land Use, Platting and Zoning 850.13
PSR-3 3,500 sq. ft. 1,500 sq. ft.
PSR-4 2,500 sq. ft. 1,500 sq. ft.
*The principal building in subdistrict PRD-5 shall not exceed an FAR of 1.2.
B. Schedule of Allowances.
1. PRD-3
a. subtract 500 square feet for each parking space within or under the
principal building or otherwise completely underground. (No more
than 1.5 spaces per dwelling unit shall be counted).
b. subtract 500 square feet for each dwelling unit if all principal
buildings conform to all specifications of Type I or II construction as
defined in the State Building Code as adopted by Section 410 of this
Code.
c. subtract 250 square feet for each dwelling unit if at least a 500 foot
spacing is maintained between each principal and accessory building
and the nearest lot line of a lot in the R-1 District used for residential
purposes.
d. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
e. subtract 250 square feet for each dwelling unit if the tract is within
2,000 feet of an accessible freeway interchange (nearest lot line to
center of interchange).
2. PRD-4
a. all allowances permitted by paragraph B.1 of this Subd. 4 for
PRD-3.
b. subtract 250 square feet for each dwelling unit if the tract is three
acres or more in area.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than ten percent.
3. PSR-3 and PSR-4
a. all allowances permitted by paragraph B.2 of this Subd. 4 for
850-75
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City of Edina Land Use, Platting and Zoning 850.13
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% -- j
PRD-4 30% --
PRD-5 35% 1.2
PSR-3 30% --
PSR-4 35% 1.2
B. Setbacks.
1. Setbacks shall be measured from the boundary of the tract. The
required setbacks shall be increased to equal the building height for
those buildings whose height exceeds the minimum setbacks
required.
a. minimum setbacks are as follows:
Interior
Front Side Side Rear
Street Street Yard Yard
PRD-1 30' 30' 20' 25'
PRD-2 30' 30' 20' 35'
PRD-3 35' 35' 20' 35'
PRD-4, 5 35' 35' 35' 35'
PSR-3, 4 35' 35' 20' 35'
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City of Edina Land Use, Platting and Zoning 850.13
Accessory Same as 10' 10'
buildings principal
building
C. Maximum Building Height.
PRD-1, 2 21/2 stories or 30 feet, whichever is less.
PRD-3 3 stories or 40 feet, whichever is less.
PRD-4, 5 No maximum; height is determined by required
setbacks.
PSR-3 3 stories or 40 feet, whichever is less.
PSR-4 No maximum; height is determined by required
setbacks.
Subd. 6 Usable Lot Area. Usable lot area not less than the amount specified below
shall be provided on the tract. This space must be easily accessible by residents of the
principal building. The front yard and side yard established by the required front street or
side street setback and areas occupied by driveways, parking areas and buildings shall not
be included as usable lot area. Areas within the tract and dedicated by the tract owner to
the general public shall be included in usable lot area computations.
Per Dwelling Unit
PRD-1 2,000 sq. ft.
PRD-2 1,500 sq. ft.
PRD-3, 4 400 sq. ft.
PSR-3 200 sq. ft.
PSR-4 100 sq. ft.
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)
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City of Edina Land Use, Platting and Zoning 850.13
Efficiency -- 500 sq. ft.
One Bedroom 500 minimum sq. ft. 750 sq. ft.
700 maximum sq. ft.
Two Bedroom 750 minimum sq. ft. 950 sq. ft.
850 maximum sq. ft.
Additional -- 150 sq. ft./each
Bedrooms
For purposes hereof, floor area shall be the area within, and measured from, the
inside of exterior walls and from the center of interior walls bounding the dwelling
unit, but shall not include furnace rooms, utility rooms, storage areas not within
the dwelling unit, garages or any common areas which are used by residents of two
or more dwelling units, including stairways, entries, foyers, balconies and
porches.
C. Efficiency Dwelling Units. Efficiency dwelling units shall be permitted only in
subdistricts PRD-3 and PRD-4. Not more than ten percent of the dwelling units per
building shall be efficiency dwelling units.
D. Maximum Number of Townhouses Per Building. Not more than eight
townhouses per building shall be allowed.
E. Sewer and Water Connections for Townhouses. Each townhouse shall be
separately and independently connected to public sanitary sewer mains and water
mains.
F. Accessory Buildings. The exterior of accessory buildings shall be constructed
of the same material as the principal building.
G. Community Facilities in PSR-3 and PSR-4. Principal buildings in subdistricts
PSR-3 and PSR-4 shall provide recreational, service and meeting facilities for the
use and enjoyment of residents and guests. Such facilities shall comprise not less
than 1,250 square feet, or 15 square feet of floor area 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
850-78
City of Edina Land Use, Platting and Zoning 850.14
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.
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.
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City of Edina Land Use, Platting and Zoning 850.14
b. automotive accessory shops.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
3. Health and athletic clubs.
I
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:
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.
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City of Edina Land Use, Platting and Zoning 850.14
A. Allowed Number of Dwelling Units.
1. Required Lot Area. The area of the tract shall not be less than the sum of
the required lot area for each dwelling unit thereon, less the allowances
permitted or imposed by this paragraph.
Required Lot Area Maximum Allowance
Per Dwelling Unit Per Dwelling Unit
MDD-3 4,400 sq. ft. 1,000 sq. ft.
MDD-4 3,600 sq. ft. 1,000 sq. ft.
MDD-5 3,300 sq. ft. 1,500 sq. ft.
MDD-6 3,300 sq. ft. 1,500 sq. ft.
2. Schedule of Allowances.
a. subtract 500 feet for each required residential parking space within
or under the principal building or otherwise completely underground.
b. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than 20 percent. (Buildings devoted to public or
private park, or an accessory recreational facility, shall be excluded
from building coverage for purposes of this allowance).
d. subtract 400 square feet for each dwelling unit if the Mixed
Development District includes a publicly owned park that is
developed or programmed to be developed with recreational facilities
or other facilities for the use and enjoyment of the general public.
e. subtract 600 square feet for each dwelling unit reserved for sale or
rent to persons of low and moderate income, as defined by, and
pursuant to an agreement approved by, the Housing and
Redevelopment Authority of Edina, Minnesota.
B. Allowed Non-Residential Floor Area. The gross floor area of all non-residential
uses, exclusive of publicly owned or operated civic, cultural and recreational
facilities, transit facilities and uses accessory to residential principal uses, shall not
exceed:
1. MDD-3, MDD-4 and MDD-5: 800 square feet of non-residential gross
850-81
City of Edina Land Use, Platting and Zoning 850.14
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
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.
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City of Edina Land Use, Platting and Zoning 850.14
Subd. 7 Usable Lot Area. Usable lot area not less than the amount specified below
shall be provided on the tract. Publicly owned or operated civic, cultural or recreational
facilities located on the tract may be counted as usable lot area. The front yard and side
yard established by the required front street or side street setback and areas occupied by
driveways, parking areas and garages shall not be counted as usable lot area.
Per Dwelling Unit
MDD-3 400 sq. ft.
MDD-4 400 sq. ft.
MDD-5 200 sq. ft.
MDD-6 200 sq. ft.
Subd. 8 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area. The minimum tract area for subdistrict MDD-5 shall be
five acres. The minimum tract area for subdistrict MDD-6 shall be 50 acres.
B. Ownership or Control. The tract proposed for transfer to the Mixed
Development District shall be under common ownership and shall be planned and
developed as an integral unit.
C. Proposed Development Schedule. The Final Development Plan required by
Subsection 850.04 shall include a proposed schedule of construction of the major
components of the development as such major components are determined by the
Planner. The proposed schedule as approved by the Council shall become part of
the Final Development Plan. No more than 50 percent of the permitted gross floor
area of non-residential uses on the tract shall be constructed until a building permit
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.
850-83
City of Edina Land Use, Platting and Zoning 850.15
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.
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
850-84
City of Edina Land Use, Platting and Zoning 850.15
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
35'* 35'* 20'* 20'*
* 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:
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.
850-85
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City of Edina Land Use, Platting and Zoning 850.16
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 pre-finished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
850.16 Planned Commercial District (PCD).
Subd. 1 Subdistricts. The Planned Commercial District shall be divided into the
following subdistricts:
Planned Commercial District - 1 (PCD-1)
Planned Commercial District - 2 (PCD-2)
850-86
City of Edina Land Use, Platting and Zoning 850.16
Planned Commercial District - 3 (PCD-3)
Planned Commercial District - 4 (PCD-4)
Subd. 2 Principal Uses in PCD-1.
Antique shops.
Art galleries.
Art studios.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of 2,500 square feet.
Barber shops.
Beauty parlors.
Bicycle stores, including rental, repair and sales.
Book and stationery stores.
Camera and photographic supply stores.
Candy and ice cream stores.
Clothes pressing and tailoring shops.
Clothing stores not exceeding 2,500 square feet of gross floor area.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations not exceeding 2,500 square feet of gross floor area.
Coin and philatelic stores.
Day care.
Drug stores.
Dry cleaning establishments and laundries.
Employment agencies.
Financial institutions, but excluding drive-through facilities and pawn shops.
Florist shops.
850-87
City of Edina Land Use, Platting and Zoning 850.16
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
i
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.
P p
Newsstands.
i
Offices, including both business and professional.
Optical stores.
Paint and wallpaper stores not exceeding 2,500 square feet of gross floor area.
Personal apparel stores not exceeding 2,500 square feet of gross floor area.
Picture framing and picture stores.
Repair stores and "fix-it" shops which provide services for the repair of home,
garden, yard and personal use appliances.
850-88
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
850-89
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City of Edina Land Use, Platting and Zoning 850.16
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.
I
Furniture stores including upholstering when conducted as an incidental part of the
principal use.
Fraternal, philanthropic and charitable institution offices and assembly halls.
Furrier shops including the storage and conditioning of furs when conducted as an
incidental part of the principal use.
Home repair, maintenance and remodeling stores and shops.
Hotels, motels and motor inns.
Household furnishings, fixtures and accessories stores.
Laboratories, medical and dental.
Office supplies stores.
Orthopedic and medical appliance stores, but excluding the manufacturing or
assembly of appliances or goods.
Paint and wallpaper stores.
Personal apparel stores.
Pet shops.
Photography studios.
Post offices.
850-90
City of Edina Land Use, Platting and Zoning 850.16
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.
Subd 5. Principal Uses in PCD-4.
Automobile service centers.
Car washes.
Gas stations.
Subd. 6 Accessory Uses in PCD-1.
850-91
City of Edina Land Use, Platting and Zoning 850.16
Off-street parking facilities.
Buildings for the storage of merchandise to be retailed by the related principal use.
Not more than two amusement devices.
Drive through facilities, except those accessory to i) financial institutions, and ii)
food establishments as defined in Section 721 of the City Code
Subd. 7. Accessory Uses in PCD-2.
All accessory uses allowed in PCD-1.
Drive-through facilities.
Amusement devices.
Subd. 8. Accessory Uses in PCD-3.
All accessory uses permitted in PCD-1 and PCD-2.
Automobile or boat and marine stores or agencies selling used automobiles or j
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.
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).
850-92
City of Edina Land Use, Platting and Zoning 850.16
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 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.
850-93
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City of Edina Land Use, Platting and Zoning 850.16
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.
i
7 - 8 stories Four times the building height of the building
in the Planned Commercial District.
9 or more stories Six times the building height of the building in
the Planned Commercial District.
D. Storage. All materials, supplies, merchandise and other similar materials not on
display for direct sale, rental or lease to the ultimate consumer shall be stored
within a completely enclosed building or within the confines of a completely
opaque wall or fence capable of completely screening all the materials from
adjoining properties. The wall or fence under no circumstances shall be less than
five feet in height.
E. Displays. Merchandise which is offered for sale may be displayed outside of
buildings in the PCD-1, PCD-2 and PCD-3 subdistricts, provided the area
occupied by the display shall not exceed ten percent of the gross floor area of the
building or portion thereof housing the principal use. No displays shall be
permitted within that half of the required front street or side street setback nearest
the street, nor within any required side yard or rear yard setback. Agencies selling
automobiles or boats, as permitted by this Section, may display automobiles or
boats outside of a building if the area used for the displays shall comply with all
the standards for a parking lot including construction, setbacks, landscaping and
screening as contained in this Section.
F. Minimum Building Size. The minimum size for any building housing one or
more principal uses in the PCD-1, PCD-2 or PCD-3 subdistricts shall be 1,000
square feet of gross floor area within the first story.
G. Outdoor Sales, Tent Sales and Trailer Sales Prohibited. Except for the
dispensing of motor fuels and the use of drive-through facilities permitted by this
Section, all sales of products and merchandise, and dispensing of services, shall be
conducted from within the confines of a permanent building totally enclosed by
four walls and a roof. The sale of products and merchandise, and the dispensing of
services, from a motor vehicle, trailer, tent or other temporary structure or shelter,
or outside of a permanent building as above described, is prohibited.
850-94
City of Edina Land Use, Platting and Zoning 850.16
H. Building Design and Construction. In addition to the other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Commercial District
shall meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction
if the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of the same materials as the original building and shall be designed
in a manner conforming to the original architectural design and general
appearance.
I. Performance Standards. All business operations shall conform to the
performance standards established by this Section for the Planned Industrial
District provided that the performance standards shall be applied, and must be
complied with, at the boundaries of the lot on which the business operations take
place.
J. Maximum Business Establishment Size in PCD-1 Subdistricts. No use in the
PCD-1 subdistrict shall exceed 12,000 square feet of gross floor area or the lesser
gross floor area as is imposed on the use by Subd. 2 of this Subsection 850.16.
K. Drive-In Uses. Except for the dispensing of motor fuels, drive-in uses shall not
be permitted. Nothing herein contained, however, prohibits accessory
drive-through facilities where permitted by this Subsection 850.16.
L. Automobile Service Centers and Gas Station Standards.
1. Minimum lot area:
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City of Edina Land Use, Platting and Zoning 850.16
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
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.
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City of Edina Land Use, Platting and Zoning 850.17
1. A car wash shall be subject to the same standards as specified herein for
automobile service centers.
2. All waste water disposal facilities, including sludge, grit removal and
disposal equipment, must be approved by the Engineer prior to installation.
3. Not more than one point of ingress and one point of egress shall be
allowed from any one public street to the car wash.
N. Standards for Sexually-Oriented Businesses.
1. No sexually-oriented business shall be located closer than 500 feet from
any other sexually-oriented business or licenses day-care facility.
Measurements shall be made in a straight line, without regard to
intervening structures or objections, from the nearest point of the actual
premises of the sexually-oriented business or licenses day-care facility.
2. No sexually-oriented business shall be located closer than 500 feet from
any property in the R-1, R-2, PRD, PSR or MDD District, or any
residentially zoned property in the city adjoining the City. Measurements
shall be made in a straight line, without regard to intervening structures
objects, from the nearest point of the actual business premises of the
sexually-oriented business to the nearest boundary of the R-1, R-2, PRD,
PSR, or MDD District.
850.17 Planned Industrial District (PID)
Subd. 1 Principal Uses.
A. All principal uses allowed in the Planned Office District.
B. Manufacturing, compounding, processing, packaging, treatment and assembly
of products and materials.
C. Scientific research, investigation, testing or experimentation.
D. Warehousing of non-perishable products, if the products are owned by or
consigned to the owner of the principal use or its lessee, and further, if the owner
or lessee does not establish the principal use in the capacity of a carrier for the
purpose of a freight operation.
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.
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City of Edina Land Use, Platting and Zoning 850.17
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.
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.
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City of Edina Land Use, Platting and Zoning 850.17
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.
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
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City of Edina Land Use, Platting and Zoning 850.17
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
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
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City of Edina Land Use, Platting and Zoning 850.17
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
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
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City of Edina Land Use, Platting and Zoning 850.17
i
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 j
and incorporated into this Section by reference and made a part of this
Section. Smoke not darker or more opaque than No. 1 on the chart may be
emitted. However smoke not darker or more opaque than No. 2 on the
chart may be emitted for periods not longer than four minutes in any
30-minute period. These provisions, applicable to visible grey smoke, shall
also apply to visible smoke of a different color but with an equivalent
apparent opacity.
5. Odor. The use shall not, at any time, cause the discharge of toxic,
noxious or odorous matter beyond the confines of the principal building in
such concentrations as to be detrimental to or endanger the public health,
welfare, comfort or safety.
6. Glare. Glare, whether directed or reflected, such as from spotlights or
high temperature processes, and as differentiated from general illumination,
shall not be visible beyond the limits of the tract from which it originates.
7. Liquid Wastes. Liquid wastes containing any organic or toxic matter
shall be discharged either into a public sanitary sewer or treated in a
manner prescribed by the Health Department. The rate of liquid waste
discharged into the City's sanitary sewerage system shall not exceed 200
gallons per lot per hour between the hours of 9:00 A.M. and 12:00 noon.
In order to ensure compliance with the performance standards set forth above, the
Planner may require the owner or operator of any use to make, without cost to the
City, investigations and tests as the Planner deems necessary, to show adherence
to the performance standards. The investigations and tests shall be done by an
independent testing organization approved by the Planner.
850-102
City of Edina Land Use, Platting and Zoning 850.18
F. Mini-Storage Warehouse Standards.
1. No doors through which personal property is loaded or unloaded shall be
located on a side of a building which faces a residential district.
2. In addition to the requirements in this subsection for temporary retail
sales permits, the following requirements shall apply:
a. no more than two temporary retail sale permits per principal
building, or per lot if there is more than one principal building on the
lot, shall be issued annually in accordance with the provisions of this
paragraph; and
b. the permit shall be applied for only by the owner of the principal
building, the intention being that each lessee within the mini-storage
building shall not be eligible individually for a temporary retail sales
permit.
3. Only non-perishable and non-volatile products may be stored.
850.18 Regional Medical District (RMD)
Subd. 1 Principal Uses.
A. Hospitals.
B. Medical and dental offices and clinics.
C. Laboratories for performing medical or dental research, diagnostic testing,
analytical or clinical work, having a direct relationship to the providing of health
services, including, but not limited to, medical research, radiology, hematology,
serology, immunology, allergy, biochemistry, basal metabolism, microbiology,
parasitology, pathology, histology, cytology, toxicology and pharmacology.
Laboratories engaged in the production or manufacture of goods or products for
commercial sale or distribution shall not be considered laboratories within the
meaning and intent of this paragraph.
Subd. 2 Accessory Uses.
A. Living quarters and recreational and educational facilities for nurses, interns,
staff members, hospital employees and volunteers, if the uses are located within or
are contiguous to the principal building.
B. Off-street parking facilities for ambulances, service trucks and automobiles
owned by tenants, employees, patients and visitors.
850-103
City of Edina Land Use, Platting and Zoning 850.19
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
i
35'* 35'* 20'* 20'*
* or the building height if greater.
C. Building Height. No maximum; height is determined by required setbacks.
D. Minimum Tract Area. No tract of land shall be transferred to the Regional
Medical District unless the tract measures at least ten acres in area or is contiguous
to other land in the Regional Medical District.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. All uses shall conform to the same requirements as are established by this
Section for the Planned Office District (POD).
B. All uses shall comply with the same standards for residual features as are
established by this Section for the Planned Industrial District (PID).
850.19 Automobile Parking District (APD)
Subd. 1 Principal Uses.
A. Parking lots.
B. Drive-through banking facilities.
Subd. 2 Conditional Uses.
A. Parking ramps and garages.
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City of Edina Land Use, Platting and Zoning 850.20
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:
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,
850-105
City of Edina Land Use, Platting and Zoning 850.20
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.
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.
850-106
City of Edina Land Use, Platting and Zoning 850.20
D. Changing the nature or appearance of the land.
E. Constructing a new building or any other structure or improvement.
Any work for which a permit is granted pursuant to this Subsection shall be subject to all
other requirements, including other permits required, for the work under other provisions
of this Code.
Subd. 6 Procedure for Obtaining Permit.
A. Application with Building Official. A permit applicant shall be the owner or
owners of the land or building upon which or to which the work is to be done. The
permit applicant shall make application for the permit required by Subd. 5 of this
Subsection 850.20 with the Building Official on forms provided by the Building
Official. The application shall be accompanied by the fee set forth in Section 185
of this Code and shall contain at least the following information:
1. Description and address of the property;
2. Names of the owner or owners;
3. Plans for the work to be done under the permit, showing the same in
such reasonable detail as the Building Official shall require; and
4. If remodeling, repairing or altering is to be done, renderings or
pictures, showing the condition of the building or buildings after
completion of the proposed work.
B. Submission to and Recommendations of Planner and Heritage Preservation
Board. The Building Official shall submit the application, with all required
information, to the Planner. The Planner shall make a report and recommendation
on the application to the Heritage Preservation Board, and the Heritage
Preservation Board, after making its findings pursuant to Section 800 of this Code,
shall make its recommendation to the Planner to approve or disapprove the
issuance of the permit. The Planner shall not authorize issuance of any permit
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
850-107
City of Edina Land Use, Platting and Zoning 850.20
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.
i
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.
I
A. Inspection. Whenever it comes to the attention of the Building Official, by
written complaint of any person or agency, or otherwise, that a building violates
Subd. 7 of this Subsection 850.20, the Building Official, shall cause a preliminary
examination to be made of the building and premises. If it then appears that the
building violates Subd. 7 of this Subsection 850.20, the Building Official shall
cause a detailed inspection of the building to be made. Upon completion of the
inspection, if it appears that the building violates Subd. 7 of this Subsection, the
Building Official shall issue a written order to its owner or occupant requiring
repair.
B. Appeals. Any person who deems to be aggrieved by the order may appeal the
order to the Council by filing a written appeal with the Clerk within 30 days after
the order's date. The appeal shall fully state the order appealed from, the order's
date and the facts of the matter. When the appeal has been filed, the Building
Official shall make a written report and submit it to the Council. If no appeal is
filed within the 30-day period, the order shall be final.
C. Council to Call Hearing. The Council shall examine the report of the Building
Official, and if there is probable cause to believe that the building violates Subd. 7
of this Subsection 850.20, shall have the matter set for hearing.
D. Notice of Hearing. Notice of hearing shall be given in a form prescribed by the
850-108
City of Edina Land Use, Platting and Zoning 850.21
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
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).
850-109
City of Edina Land Use, Platting and Zoning 850.21
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.
i
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 j
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 j
waters, to prevent polluting materials from being carried directly into the
watercourse or water body, to preserve adequate ground water infiltration,
to protect surface and ground water supplies, and to minimize the
possibility of periodic flooding.
C. Statement of Purpose. It is the purpose of this Subsection 850.21 to guide and
regulate the orderly development of such lands to ensure maintenance and
preservation, in their natural state, of needed and desirable 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
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City of Edina Land Use, Platting and Zoning 850.21
subject to the rules of construction and definitions in Subsection 850.03 and, to the extent
defined below, shall have the following meanings for purposes of this Subsection:
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor or base
below ground level on all four sides, regardless of the depth of excavation below
ground level. This definition shall apply only to this Floodplain Overlay District
Subsection and, for purposes of this Subsection, this definition shall control over
the definition in Subsection 850.03.
Channel. A natural or artificial depression of perceptible extent, with definite
beds and banks to confine and conduct, either continuously or periodically, the
waters in the respective creeks of Nine Mile Creek and Minnehaha Creek.
Commissioner. The Commissioner of Natural Resources of the State of
Minnesota.
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are capable
of conveying a proportionate share of flood flows.
Flood or Flooding. A temporary increase in the flow or stage of a stream or in the
stage of a wetland or lake that results in the inundation of normally dry areas.
Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
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
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.
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City of Edina Land Use, Platting and Zoning 850.21
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. j
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.
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.
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City of Edina Land Use, Platting and Zoning 850.21
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
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,
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City of Edina Land Use, Platting and Zoning 850.21
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, j
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
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:
i
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City of Edina Land Use, Platting and Zoning 850.21
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).
A. Permitted Uses. The following uses are permitted in the Floodway District if
they comply with the standards set out in paragraph B. of this Subd. 5.
1. Horticulture, forestry, sod farming, and wild crop harvesting.
2. Industrial-commercial loading areas and parking areas.
3. Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, swimming areas, parks, wildlife and nature
preserves, fish hatcheries, fishing areas, and single or multiple purpose
recreational trails.
B. Standards for Floodway District Permitted Uses.
1. The use shall be a permitted use in the underlying zoning district
established by this Section 850.
2. The use shall not obstruct flood flows or increase flood elevations, and
shall not involve structures, fill, obstructions, excavations or storage of
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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 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
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City of Edina Land Use, Platting and Zoning 850.21
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:
i
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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,
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
i
B. Permits and Variances Required; Grounds for Variances. A conditional use
permit or variance shall be applied for and obtained pursuant hereto prior to the
construction, erection, addition, alteration or change of use of any obstruction
wholly or partly in the Floodplain District which is not a permitted use or which
does not comply with all the requirements of this Subsection 850.21, and prior to
the change of use of any land, which use is wholly or partly in the Floodplain
District which is not a permitted use or which does not comply with all of the
requirements of this Subsection 850.21. Variances may be granted only in the
event that strict enforcement of the literal provisions of this Subsection 850.21 will
cause undue hardship because of circumstances unique to the individual property
under consideration, and only if the action allowed by such variance will be in
keeping with the spirit and intent of this Section 850. Undue hardship shall have
the same meaning, and shall be interpreted in the same way, as in Subd. 1 of
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City of Edina Land Use, Platting and Zoning 850.21
Subsection 850.04.
C. Applications for Conditional Use Permits and Variances. Applications for
conditional use permits and variances under this Subsection 850.21 shall be made,
in duplicate, by the owner or owners of the land, to the Planner, on forms
furnished by the Planner, and shall be accompanied initially by such of the
following information, data and plans as is deemed necessary by the Planner for
determining compliance with this Subsection 850.21, evaluating the application and
determining the effects of the proposed activity on the creek, marshes, wet areas
and water bodies in the Floodplain District and the suitability of the particular site
for the proposed improvement, use, obstruction or variance. The application shall
also be accompanied by the fee set forth in Section 185 this Code.
1. For a Variance:
a. plans, including a survey by a Minnesota registered land
surveyor, in duplicate, drawn to scale, showing the nature, location,
dimensions, and elevation of the lot, existing and proposed
obstructions, the relationship of the lot and existing and proposed
obstructions to the location of the channel, marshes, wet areas and
water bodies, surface water drainage plans and floodproofing
measures.
b. a receipt, signed by the applicant, of a notice from the Planner
stating, essentially, that (i) the issuance of a variance to construct a
structure below the level of the regional flood will result in
increased premium rates for flood insurance up to as much as
$25.00 for each $100.00 of insurance coverage, and (ii) such
construction below the level of the regional flood increases risks to
life and property.
2. For a Conditional Use Permit:
a. plans and survey as required for a variance, but to be submitted
in triplicate.
b. a valley cross-section showing the channel of the stream,
elevation of land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the proposed development,
high water information, all drainage areas, all land forms and
adjacent marshes, wet areas and water bodies.
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
i
g. statement of the private and public benefits anticipated from the
proposed activity, the alternatives to the proposed activity, the effect
of the proposed activity on the capacity of the floodplain and on
flood heights, and the adverse effect, if any, on the floodplain and
the creek, marshes, wet areas and water bodies in the floodplain
which cannot be avoided if the special permit or variance is granted.
D. Submission of Application.
1. For a Conditional Use Permit. Within 45 days after receipt of the
application for a conditional use permit, fee and initial information
requested, the Planner shall review the application and submit it to the
Engineer, and to the Nine Mile Creek Watershed District or the Minnehaha
Watershed District, whichever district is appropriate, and, with his report,
to the Commissioner.
2. For a Variance. Within 45 days after receipt of the application for a
variance, fee and initial information requested, the Planner shall review the
application and submit it to the Engineer, the Nine Mile Creek Watershed
District or the Minnehaha Watershed District, whichever district is
appropriate, and, with his report, to the Board.
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
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City of Edina Land Use, Platting and Zoning 850.21
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
the elevations to which such structures or such additions to structures are
floodproofed.
J. Variance Records; Reports. The Planner shall maintain a record of all variance
actions, including justification for their issuance and including a copy of the notice
referred to at subparagraph Lb. of paragraph C. of this Subd. 10. A report of
variances issued shall be included in the City's annual or biennial report to the
Administrator of the National Flood Insurance Program.
Subd. 11 Powers and Duties of Zoning Board of Appeals, Procedures for Variances
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City of Edina Land Use, Platting and Zoning 850.21
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.
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.
L Planning Commission. The Commission shall hear all requests for
conditional use permits under this Subsection 850.21, and shall make its
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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:
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
out in Subsection 850.04 shall also apply to any violation of the provisions of this
Subsection 850.21. Every obstruction or use placed or maintained in the floodplain in
violation of this Subsection 850.21 is hereby declared to be a public nuisance, and may be
enjoined and the maintenance thereof abated by appropriate City and judicial action. As
soon as reasonably possible after the Planner knows of a violation of this Subsection, the
Planner shall investigate the nature and extent of the violation and give notice of such
violation and the results of such investigation to the Minnesota Department of Natural
Resources and the Federal Emergency Management Agency Regional Office, together
with the City's proposed plan to correct or remove the violation to the degree possible.
Subd. 16 Amendments.
A. The boundaries of the Floodplain Overlay District, as shown on the Map, may
be changed by amendment to this Subsection 850.21, but only if it can be shown
that the boundaries are in error or that an area has been filled to or above the
elevation of the regional flood and is contiguous to lands outside the floodplain.
Special exceptions of this rule may be permitted by the Commissioner if the
Commissioner determines that, through other measures, the subject lands are
adequately protected from flooding.
B. All amendments shall be submitted to the Board of Managers of the Nine Mile
Creek Watershed District and the Minnehaha Creek Watershed District, the
Commissioner, and the Federal Emergency Management Agency, and shall be
approved by the Commissioner and the Federal Emergency Management Agency
prior to adoption.
C. The Commissioner also shall be given at least ten days prior written notice of
all hearings to consider amendments to this Subsection 850.21, including a draft of
the proposed amendment and any pertinent technical study.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816, 825 AI not published,
amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-
86, 825-A7 5-28-862 825-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-
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-A38 I1-28-90. Amended by Ord. 850-AI 3-3-93; Ord 850-A2 6-30-93;Ord
850-A3 8-2-93; Ord. 1993-10 8-16-93; Ord 850-A4 8-15-94, Ord 850-A5 9-19-94; Ord. 1995-6
8-7-95; Ord. 1995-10 12-04-95; Ord 1995-9 2-5-96; Ord 850-A7 5-20-96, Ord 1996-2 9-16-
96,Ord 850-A8, 12-16-9; Ord 1997-2 2-18-97; Ord 850 A9, 4-21-97; Ord 850-A10, 4-21-97; Ord
850-A11, 7-7-97; Ord 850-Al2, 9-15-97; Ord 1997-11 I1-5-97, Ord 850-A13, 2-17-98; Ord 850-
A14, 5-18-98, Ord 850-A15, 9-22-98; Ord 1999-11, I1-16-99; Ord 850-A16, 2-15-00, Ord
2000-4, 2-15-00
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
850-131
City of Edina Land Use,Platting and Zoning 850.21
i
i
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.
i
i
850-132
City of Edina Liquor 900.01
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
900.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the stated meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is served.
Commissioner. The State Commissioner of Public Safety.
Cafe. See definition of "restaurant" in this Subsection.
Club. Any corporation duly organized under the laws of the State for civic, fraternal,
social or business purposes, or for intellectual improvement, or for the promotion of
sports, which shall have more than 50 members, and which for more than one year
shall have owned, hired or leased a building or space in a building of such extent and
character as may be suitable and adequate for the reasonable and comfortable
accommodation of its members, and whose affairs and management are conducted by a
board of directors, executive committee, or other similar body chosen by the members
at a meeting held for the purpose, none of whose members, officers, agents or
employees are paid, directly or indirectly, any compensation by way of profit from the
distribution or sale of beverages to the members of the club or to its guests, beyond the
amount of such reasonable salary or wages as may be fixed and voted each year by the
directors or other governing body.
Food Establishment License. A license issued by the City under the provisions of
Section 720 of this Code.
741
Hotel. An establishment where food and lodging are regularly furnished to transients
and which has a dining room serving the general public at tables and having facilities
for seating at least 30 guests at one time, and at least 50 guest rooms.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by
fermentation and containing more than 3.2 percent of alcohol by weight.
License. A license granted pursuant to this Section.
Licensed Premises. The area shown in the license application as the place where wine
or liquor will be served or consumed.
Liquor. 3.2 percent malt liquor, intoxicating liquor, and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
900 - 1
City of Edina Liquor 900.02
I
Off-Sale. Retail sale in the original package for consumption away from the premises
only.
On-Sale. Sale for consumption on the premises only.
Original Package. Any container or receptacle holding liquor, in which the liquor is
corked or sealed at the place of manufacture.
Restaurant. An establishment, under control of a single proprietor or manager,
having appropriate facilities for serving meals and where in consideration of payment,
meals are regularly served at tables to the general public, and which employs an
adequate staff to provide the usual and suitable service to its guests, and which has a
seating capacity for not fewer than 30 guests at one time.
Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly,
as part of a commercial transaction, in violation or evasion of the provisions of this
Section, but does not include sales by State licensed liquor wholesalers selling to
licensed retailers.
State Established Legal Drinking Age. For purposes of this Section, the State
established legal age for consumption of liquor and wine is 21 years of age.
3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more
than one-half of one percent by volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
900.02 Off-Sale Limited to Municipal Liquor Stores; Dispensary Established. No
intoxicating liquor, intoxicating malt liquor or wine shall be sold, or caused to be sold at off-
sale within the City by any person, or by any store or establishment, or by any agent or
employee of such person, store or establishment, except by the City and on the premises in the
City occupied by the municipal liquor dispensary. There is hereby established a municipal
liquor dispensary for the off-sale of liquor and wine. The dispensary shall be located at such
suitable places in the City as the Council determines by resolution.
Subd. 1 Management and Control. The dispensary shall be under the control of
the Manager. The Manager may appoint employees as deemed necessary to operate the
dispensary in full compliance with this Section and State Law. No person under the
State established legal drinking age shall be employed in the dispensary.
Subd. 2 Surety Bond. The Manager may require persons employed in the
dispensary to furnish a surety bond to the City in the same manner as prescribed by
Subsection 115.12 of this Code.
Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the
hours of operation of the dispensary shall be established by resolution of the Council.
900 - 2
City of Edina Liquor 900.04
Subd. 4 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the municipal liquor
dispensary.
900.03 License Required. No person, except wholesalers or manufacturers to the extent
authorized by law, directly or indirectly, upon any pretense or by any device, shall sell at off-
sale any 3.2 percent malt liquor or at on-sale any 3.2 percent malt liquor, intoxicating malt
liquor, wine or intoxicating liquor without first having obtained a license.
900.04 License Types. Licenses shall be of nine types:
A. On-Sale Club Liquor License - permits the on-sale of liquor and wine at
qualifying clubs. Only establishments possessing an On-Sale Club License on
December 31, 1998, shall be eligible for receiving an On-Sale Club Liquor
License pursuant to this Section.
B. On-Sale Intoxicating Liquor License - permits the on-sale of liquor and wine
at qualifying hotels and restaurants. A qualifying hotel with multiple points of
liquor sale and service within the hotel may operate under a single On-Sale
Intoxicating Liquor License provided that the sale of food and liquor is under
the exclusive ownership and control of the licensee. Any restaurant or other
facility serving liquor within a hotel which operates under separate ownership or
control shall be considered a distinct entity for purposes of this Section.
C. Off-Sale 3.2 Percent Malt Liquor License - permits the off-sale of 3.2
percent malt liquor at certain retail establishments.
D. On-Sale 3.2 Percent Malt Liquor License - permits the on-sale of 3.2
percent malt liquor at certain retail establishments.
E. Wine License - permits the on-sale of wine at qualifying hotels and
restaurants. (Intoxicating malt liquor may be sold on premises holding both a
3.2 percent malt liquor on-sale license and a wine license.)
F. Temporary On-Sale Intoxicating Liquor License - permits the on-sale of
wine and intoxicating liquor at the Edina Foundation Ball. No more than one
such license shall be issued during each calendar year.
G. Temporary On-Sale 3.2 Percent Malt Liquor License - permits the on-sale
of 3.2 percent malt liquor at events sponsored by certain organizations. Not
more than four such licenses shall be issued to any one location in a calendar
year with at least 30 days between issue dates. Each license shall be issued for
three consecutive days only.
H. Sunday On-Sale License - permits the on-sale of intoxicating liquor on
Sunday. Only persons holding an On-Sale Intoxicating Liquor License or an On-
Sale Club Liquor License may hold a Sunday On-Sale License
900 - 3
City of Edina Liquor 900.05
I. Manager's License - required for the individual or individuals in charge of a
premises holding an On-Sale Intoxicating Liquor License or a Wine License.
900.05 License Application; Renewal. An application for any license required by this
Section or the renewal of an existing license shall be made on forms provided by 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, except that licenses and renewals shall be granted or denied
in accordance with Subsection 900.06. All applications shall be accompanied by the fees set
forth in Subsection 900.07. Every license issued under this Section shall expire at 12:01 A.M.
on April 1 following its date of issuance. Renewal applications shall be submitted at least 60
days but not more than 150 days before expiration of the license. provided that the renewal
application for Manager's Licenses may be submitted 30 days before their expiration. If, in the
judgment of the Council as to off-sale and on-sale licenses, and in the judgment of the Manager
as to Manager's Licenses, good and sufficient cause for the applicant's failure to apply for�
renewal within the time provided is shown, the Council, or Manager, as the case may be, ay,
if the other provisions of this Section are complied with, grant the license. In addition to the
application requirements provided in Section 160 of this Code, applicants shall also provide the
following:
A. The type of license the applicant seeks;
B. A description of the type of business to be transacted on the licensed
premises;
C. Proof of financial responsibility with regard to liability imposed by M.S.
340A.801 in the manner and to the extent required by M.S. 340.AA09. If the
applicant claims exemption from the requirements of said Statute, proof of
exemption shall be established by affidavit given by the applicant in form and
substance acceptable to the Clerk;
D. All forms and information required by the Police Chief, the Minnesota
Department of Public Safety and the Minnesota Department of Revenue;
E. Any affidavits of the applicant as required by the Clerk, on forms provided
by the Clerk, in support of the application;
F. Authorization to release information obtained in connection with the
application;
G. A statement signed by the applicant stating that he or she has reviewed and
understands the pertinent provisions of this Section and State law;
H. In the case of an application for a Wine License On-Sale Intoxicating
Liquor License or a Manager's License, the applicant shall provide evidence
requirements of Subd. 3 of
to compliance with the re
satisfactory to the Clerk as p q
Subsection 900.12 as to the completion of an alcohol awareness program; !;
I. In the case of an application for a Wine License or On-Sale Intoxicating
Liquor License, the applicant shall provide evidence satisfactory to the Clerk as
900 - 4
City of Edina Liquor 900.07
to compliance with the requirements of Subd.(,)tof Subsection 900.12 as to the
percentage of food sold on the licensed premises. This requirement shall be
established by an affidavit of the licensee on a form provided by the Clerk. The
affidavit shall be given with each application for issuance or renewal on a Wine
License or an On-Sale Intoxicating Liquor License, or at other times as the
Clerk may request. If the application is for the renewal of a Wine License or an
On-Sale Intoxicating Liquor License, the affidavit shall also include the actual
percentage of gross receipts attributable to the sale of food during the
immediately preceding 12 month period. The Clerk shall require that any such
affidavit be verified and confirmed, on a form provided by the Clerk, by a
Certified Public Accountant. Failure or refusal of a licensee to give such
affidavit with such application, or on request of the Clerk, or any false statement
in any such affidavit, shall be grounds for denial, suspension or revocation of all
licenses held by such licensee.
J. In the case of an application for a temporary on-sale 3.2 malt liquor license,
the applicant shall provide evidence satisfactory to the Clerk that the applicant
complies with the requirements of Subsection 900.08 as to being a qualified
corporation or organization;
K. Any other information deemed necessary by the Manager to undertake
consideration of the application. >%f
900.06 Consideration of Application; Public Hearing. The pr sions of Section 160 of
this Code shall apply to all licenses required by Subsection 900.0 and to the holders of such
licenses, provided that all licenses, except Manager's Licenses, shall be granted or denied by
the City Council and the Commissioner, if required by State law. The City Council shall
conduct a public hearing on the application for a new On-Sale Intoxicating Liquor License
within a reasonable period following receipt of a complete application and completion of the
investigation required by Subsection 900.05. A notice of the date, time, place and purpose of
the hearing shall be published once in the official newspaper not less than ten days before the
date of the hearing. 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 meeting. No
hearing shall be required for the renewal or the transfer of an On-Sale Intoxicating Liquor
license.
900.07 Fees.
Subd. 1 Application Fee. The annual license application fee shall be the amount
set forth in Section 185 of this Code. When a new Wine License or On-Sale
Intoxicating Liquor License is issued for a portion of a year, the annual license
application fee shall be prorated at the rate of one twelfth of the license fee per month
or portion of a month remaining in the license year at the time of application. The
annual license application fee for a Wine License or for an On-Sale Intoxicating Liquor
License may be refunded, less costs incurred by the City as determined by the Clerk, in
the event that the application is withdrawn by the applicant or denied by the Council.
900 - 5
City of Edina Liquor 900.08
Subd. 2 Refunds. A monthly pro-rata share of the annual license fee for a Wine
License or an On-Sale Intoxicating Liquor License issued pursuant to this Section may
be refunded, less the cost of issuance as determined by the Clerk, if:
A. The business permanently ceases to operate;
B. The license is transferred to a new licensee in accordance with Subsection
900.13 and the City receives a license fee for the remainder of the license term
from the transferee; or
C. A premises licensed to sell wine receives an On-Sale Intoxicating Liquor
License prior to the expiration of the Wine License. In this instance, a pro-rata
share of the Wine License fee may be refunded. .
Subd. 3 Investigation Fees. Upon application for a new or the transfer of an �.
existing Wine License, or On-Sale Intoxicating Liquor License, the applicant shall
deposit $500.00 with the City for the investigation fee. If the investigation requires an
out-of-state investigation, an additional $2,000.00 shall be deposited before further
processing of the application by the City. The Clerk may from time to time require the
deposit of additional investigation fees up to the limits provided herein before further
processing of the application if the cost of investigation exceeds the amounts previously
deposited. The cost of the investigation shall be based on the expense involved, but in
no event shall it exceed $500.00 if the investigation is limited to the State or
$10,000.00 if outside the State. All deposited monies not expended on the investigation
shall be refunded to the applicant. All investigative expenses incurred in excess of the
deposit shall be paid prior to consideration of the license application by the Council.
Investigation fees for license renewal shall not exceed $200.00 unless there is a change
of ownership of more than 10% cumulatively over the then existing license period.
900.08 Persons Ineligible for License. The following restrictions apply to any applicant
who is a natural person, a general partner if the applicant is a partnership, or a corporate
officer if the applicant is a corporation. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or
any manufacturer of 3.2 percent malt liquor, or to any person who has a
financial interest, directly or indirectly, in such manufacturer, brewer or
wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United States
or any provision of State Law or this Code with regard to the manufacture, sale
or distribution of liquor.
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D. Any person not eligible under M.S. 340A.402, the regulations of the j
Commissioner or Section 160 of this Code.
E. Any person who has (i) been convicted, within the five years prior to the
application for a license, of any violation of any law of the United States, the
900 - 6
City of Edina Liquor 900.08
State, or any other state or territory, or of any local ordinance with regard to:
(a) the manufacture, sale, distribution or possession for sale or distribution of
intoxicating liquor or other controlled substances as defined by State Statute, (b)
gambling, (c) theft, or (d) vice; or (ii) had an intoxicating liquor license,
including a wine on-sale license, revoked for any violation of any statutes,
ordinances or regulations relating to the manufacture, sale, distribution or
possession of liquor or wine.
F. Any person who has applied for or holds a federal wholesale or retail liquor
dealer's special stamp or a federal or State gambling or gaming stamp or
license.
G. Any person who is an employee or elected official of the City.
H. Any person who has falsified any information given either in the application
or in the process of investigation.
I. Any person who upon renewal, has been found in violation of any provision
of this Section or applicable State Law.
J. If an individual, any person who is not a U.S. citizen or resident alien.
K. Any person who is financially indebted to a person who is disqualified under
this Subd.
L. If for a Temporary On-Sale Intoxicating Liquor License, any person who is
not the holder of a Club On-Sale Intoxicating Liquor License or an On-Sale
Intoxicating Liquor License.
M. If for a Temporary On-Sale 3.2 Percent Malt Liquor License, any person
who is not a corporation or organization organized for service to the
community, state, or nation, for social purposes, for the promotion of sports or
for the promotion of persons to elective office, where the serving of 3.2 percent
malt liquor is incidental to and not the main purpose of the organization; or
charitable or religious corporations for and to which gifts are deductible from
the income of the donor under the Internal Revenue Code of 1986, as now
enacted or as supplemental or amended; and which have been in existence and
actively engaged in programs intended to further and promote the purposes for
which organized for a period of at least 18 consecutive months prior to the date
application is made for such license. No corporation or organization shall be
granted more than two such licenses in a calendar year and there shall be at least
30 days between the license issue dates.
N. If for an On-Sale Intoxicating Liquor License, any person ,who holds an
interest in an On-Sale Intoxicating Liquor License or has made application for
\ 1 such a license for more thansaw,location in the City. It is the intent hereof that
no person may possess or hold an interest in more than one On-Sale Intoxicating
Liquor License at one time in the City. For purposes hereof, "interest" includes
any pecuniary interest in the ownership, operation, management or profits of the
�, 900 - 7
City of Edina Liquor 900.09
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establishment, but does not include: i) bona fide loans, rental agreements, open
accounts or other obligations held with or without security arising out of the
ordinary and regular course of business or selling or leasing merchandise,
fixtures or supplies to such establishment or ii) any interest of five percent or
less in any corporation holding an On-Sale Intoxicating Liquor License.
Provided, however, a person having an interest in two or more premises holding
wine licenses issued by the City which were in effect on December 31, 1998,
may apply for and the Council may grant an On-Sale Intoxicating Liquor
License for each such premises.
900.09 Places Ineligible for a License
Subd. 1 General Restrictions. No off-sale or on-sale license shall be granted or
renewed for:
A. Any property on which taxes, assessments or other financial claims of the
State, County or City are due, delinquent or unpaid.
B. Any property on which the business is to be conducted is owned by a person
who is ineligible for a license pursuant to Subsection 900.08
C. Any property located within 300 feet of a place of worship or an
elementary, junior high or senior high school having a regular course of study
accredited by the State. A location which holds a license under this Section shall
not be declared ineligible for license renewal or transfer due to a place of
worship or school that was newly located in its proximity after license issuance.
The provisions of this paragraph shall not apply to Temporary On-Sale 3.2
Percent Malt Liquor Licenses.
D. Any property where a license issued under this Section has been revoked
during the preceding year unless the issuance of the license is unanimously
approved by the Council then present.
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E. Any property where the conduct of the business is prohibited by Section 850
of this Code.
F. Any property not eligible under M.S. 340A and the regulations of the
Commissioner.
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G. Any property used as a sexually oriented business as defined by Section 850
of this Code.
Subd. 2 Off-Sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd. 1 of this Subsection, no Off-Sale 3.2 Percent Malt Liquor
n License shall be granted to any theater, recreation establishment, public dancing place
t or establishment holding allpn-sale license.
Subd. 3 On-Sale 3.2 ((Percent Malt Liquor Licenses. In addition to the
requirements of Subd.1 of this Subsection, no On-Sale 3.2 Percent Malt Liquor License
900 - 8
City of Edina Liquor 900.10
shall be granted for establishments other than (i) private clubs which have been
incorporated for more than ten years and which own and operate club houses for their
members in which the serving of such liquor is incidental to and not the major purpose
of such club, (ii) restaurants, (iii) golf courses, (iv) the Edina Golf Dome, (v) bowling
centers and (vi) hotels. The provisions of this Subdivision do not apply to Temporary
On-Sale 3.2 Percent Malt Liquor Licenses.
Subd. 4 Wine Licenses. In addition to the requirements of Subd. 1 of this
Subsection, no Wine License shall be granted to any establishment other than a
restaurant located in the PCD-1, PCD-2, PCD-3 Subdistricts, the Mixed Development
District or the Planned Office District as established by Section 850 of this Code.
Subd. 5 On-Sale Intoxicating Liquor Licenses. In addition to the requirements of
Subd. I of this Subsection, no On-Sale Intoxicating Liquor License shall be granted to
i) any establishment other than a restaurant or hotel located in the PCD-2, PCD-3
Subdistricts or the Mixed Development District as established by Section 850 of this
Code, ii) any amusement or recreation establishment including amusement arcades,
bowling centers, pool halls or establishments offering amusement devices as defined by
Section 215 of this Code, or iii) any establishment located in a building which also
contains any dwelling units as defined by Section 850 of this Code. In addition, no On-
Sale Intoxicating Liquor License shall be granted to any establishment located in the
PCD-2 Subdistrict which will contain more than 150 seats; provided, however, a
premises in the PCD-2 Subdistrict holding a wine license issued by the City which was
in effect on December 31, 199p8, and which contains more that 150 seats may be
.� issued an On-Sale Intoxicating Liquor License but the licensed premises shall not be
thereafter expanded to include more seats than existed on December 31, 1998
900.10 General Restrictions; Conditions of Sale.
Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the
licensee's place of business and shall maintain conditions of sobriety and order.
Subd. 2 Age. No wine or liquor shall be sold to any person under the State
established legal drinking age, or to an intoxicated person, directly or indirectly.
Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell
liquor or wine.
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or
permit the keeping, possession or operation on the licensed premises, or in any room
adjoining the licensed premises controlled by the licensee, any slot machines, dice or
other gambling equipment as defined in M.S. 349.30, nor permit any gambling therein,
nor permit the licensed premises or any room in the same or in any adjoining building,
directly or indirectly under licensee's control, to be used as a resort for prostitutes or
other disorderly persons; provided, however, that lawful gambling may be carried on if
allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or
this Code.
900 - 9
City of Edina Liquor 900.10
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Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in
any licensed place shall be owned in whole or in part by any manufacturer or brewer,
as defined in M.S. 340A, of wine or liquor.
Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by
any police officer or other designated officer or employee of the City at any time there
are persons within the licensed premises.
Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504. Except, however:
A. Establishments holding a Wine License under this Section or establishments
holding both an On-Sale Club Liquor License and a Sunday On-Sale License
under this Section may sell intoxicating liquor or wine in conjunction with the
sale of food between the hours of 1fh00 A.1VI:.a 12:00 midnight on Sundays,
provided that the licensee is in conformance with the Minnesota Clean Air Act,
and
B. Establishments holding both an On-Sale Intoxicating Liquor License and a
Sunday On-Sale License may sell intoxicating liquor and wine in conjunction
with the sale of food between the hours of 12:00 noon and 12:00 midnight on
Sundays.
Subd. 8 Hours of Consumption. No liquor or wine shall be consumed by any
person on, in or about a licensed premises more than 30 minutes following the time
established by this Subsection for cessation of the sale of wine or liquor.
Subd. 9 No Liquor or Wine in Non-Licensed Food Establishments. Except as
permitted by a license issued pursuant to this Section, no person shall take or carry any
wine or liquor into any food establishment as defined in Section 720 of this Code.
Subd. 10 Mixing or Sale for Mixing Prohibited. Except as permitted by a license
issued pursuant to this Section, no person shall mix with liquor or wine or sell for the
purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any
food establishment as defined in Section 720 of this Code.
Subd. 11 Illegal to Permit Mixing. Except as permitted by a license issued pursuant
to this Section, no person shall consume, or permit the consumption, mixing or spiking
of any beverage by adding to the same any liquor, in any building or place operated as
a food establishment as defined in Section 720 of this.Code. The fact that any person in
any food establishment, as defined in Section 720 of this Code, sold any liquid or
beverage to a person who thereupon and therein added to such liquid or beverage any
liquor or wine shall be prima facie evidence that such liquid or beverage was sold by
such person for the purpose of adding liquor or wine and shall be prima facie evidence
that such person and the person's employer permitted the mixing or spiking of such
liquid by adding wine or liquor.
Subd. 12 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant
to this Section, establishments or clubs that directly or indirectly allow the consumption
900 - 10
City of Edina Liquor 900.12
or display of wine or liquor; or knowingly serve any liquid for the purpose of mixing
with liquor or wine, shall be prohibited. Permits for bottle clubs issued by the
Commissioner under M.S. 340A.414 shall not be approved by the Council.
Subd. 13 Posting of License. A license issued under this Section shall be posted in a
conspicuous place in the licensed premises.
Subd. 14 Compact and Contiguous Premises. A license issued under this Section is
only effective for the compact and contiguous space specified in the approved license
application. No sales or consumption of wine or liquor shall be permitted beyond the
licensed premises. The licensed premises shall not be increased in size or seating
capacity during the then license period.
Subd. 15 Sobriety and Order. A licensee shall be responsible for the conduct of
business being operated and shall maintain conditions of sobriety and order.
Subd. 16 Adult Entertainment Prohibited. The Findings, Purpose and Objectives
of Section 1345 of the City Code are hereby incorporated by reference. No licensee
shall permit any specified sexual activities, the presentation or display of any specified
anatomical areas or the conduct of a sexually oriented business all as defined by Section
850 of this Code on the licensed premises or in areas adjoining the licensed premises
where such activities or the conduct of such a business can be seen by patrons of the
licensed premises.
Subd. 17 State Law. All applicable provisions of State Law shall be complied with in
connection with the sale of wine and liquor.
900.11 Special Requirements for the On-Sale of 3.2 Percent Malt Liquor. In addition to
the requirements imposed by Subsection 900.10, the following special requirements apply to
the on-sale of 3.2 percent malt liquor:
Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant
to a 3.2 percent malt liquor license shall be served and consumed at tables in the dining
or refreshment room on the licensed premises and shall not be consumed or served at
bars; provided, the same may be consumed or served at the following locations:
A. At counters where food is regularly served and consumed.
B. On decks, patios and other outdoor dining areas which are adjacent to the
licensed premises.
C. On grounds of a golf course.
Subd. 2 Temporary Licenses. The provisions of Subd. 1 of this Subsection do not
apply to 3.2 percent malt liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor
License.
900.12 Special Requirements for the On-Sale of Wine, Intoxicating Malt Liquor and
Intoxicating Liquor. In addition to the requirements of Subsection 900.10, the following
900 - 11
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City of Edina Liquor 900.12
special requirements apply to the sale of wine, intoxicating malt liquor and intoxicating liquor
sold pursuant to a Wine License or and On-Sale Intoxicating Liquor License issued in
accordance with this Section:
Subd. 1 Licensed Premises. The licensed premises must:
A. Have an exclusive entrance from and exit to the exterior of the building in
which the license premises is located or to a public concourse or public lobby,
and have a physical barrier separating the licensed premises from other areas so
as to prevent the passing of patrons other than through the required entrances
and exits.
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B. Have a valid food establishment license issued pursuant to Section 720 of
this Code and have adequate space, as determined by the Sanitarian, for the
storage, preparation and handling or service of food, wine, and liquor.
C. The premises shall not have more than 15 percent of its seating capacity
located at a bar or service counter.
Subd. 2 Licensed Manager. A manager licensed in accordance with this Section
must be present and in charge of the licensed premises at all times that the premises is
open for business.
Subd. 3 Alcohol Awareness Training.
A. Within 30 days following the issuance of a new Wine License or a new On-
Sale Intoxicating Liquor License, not less than 75% of the employees authorized
to serve or sell wine or liquor on the licensed premises shall have completed an
alcohol awareness program approved by the Police Chief.
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B. Not less than 75% of the employees authorized to serve or sell wine or
liquor on the licensed premises must complete an alcohol awareness program
approved by the Police Chief within 90 days prior to an application for license
renewal for a Wine License or a On-Sale Intoxicating Liquor License.
C. An applicant for the issuance or renewal of a Manager's License must
complete an alcohol awareness program approved by the Police Chief not more
than 90 days prior to the date of application.
Subd. 4 Percentage of Food Sold. Not less than 60 percent of the restaurant's or
hotel's gross receipts from the combined sale of food, non-alcoholic beverages, wine
and liquor, on an annual basis, shall be attributable to the sale of food and non-
alcoholic beverages.
Subd. 5 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
may be sold or consumed on a premises holding a Wine License.
Subd. 6 Denied Sales or Consumption. No sales or consumption of wine or liquor
shall be permitted beyond the licensed premises.
900 - 12
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City of Edina Liquor 900.13
Subd. 7 Container Volume Restrictions. Wine may not be sold, served or
consumed in containers larger in volume than one liter.
Subd. 8 Sale Prices. No licensee shall promote the consumption of wine or liquor
on the licensed premises by any means or methods which result in prices which are less
than those normally charged on the then regularly used menu, including, but not limited
to, two-for-one or similar offers, prizes, coupons, games or barters.
Subd. 9 Diluting, Changing, or Tampering with Wine or Liquor Prohibited. No
licensee shall sell, offer for sale or keep for sale, wine or liquor in any original package
that has been refilled or partly refilled. No licensee shall directly or through any other
person, dilute, or in any manner tamper with, the contents of any original package so as
to change its composition or alcoholic content while in the original package.
Possession on the premises by the licensee of any wine in the original package differing
in composition, alcoholic content or type from the wine received from the manufacturer
or wholesaler from whom it was purchased shall be prima facie evidence that the
contents of the original package have been diluted, changed or tampered with.
Subd. 10 Sales in Hotels. No sale of wine or liquor shall be made to or in guest
rooms of hotels unless:
A. The rules of such hotel provide for the service of meals in guest rooms;
B. The sale of such wine and liquor is made in the manner which conforms to
the requirements of Subsection 900.12;
C. Such sales is incidental to the regular service of meals to guests in their
rooms; and
D. The rules of such hotel and the description, location, and number of such
guest rooms are fully set out in the license application.
900.13 Restrictions on Transfer of License. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license was
granted, by any means whatsoever, including, without limitation, devise or descent or
involuntarily by the operation of law, without the person and premises to whom and to which
the license is to be transferred having first submitted an application containing all of the
information required in an original application, and complying with all requirements for an
original license, and receiving the approval of the Council, and where required, the
Commissioner. Any change in the persons named in the original application or any change in
the information in such original application shall be deemed a transfer for the purposes of this
Section. Provided, however, the following changes shall not be deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10% or less
cumulatively of the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10% or less
cumulatively of the stock owners during the then license period; or
900 - 13
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City of Edina Liquor 900.16
C. A change in one of the corporation's officers during the term of the then
license. Provided, however, the corporation shall give notice of a change in
officer to the Clerk and the new officer shall comply with all requirements of
this Section and Section 160 of this Code.
900.14 Penalties; Revocation or Suspension. The penalty and remedy provisions of M.S.
340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to
enforce this Section in addition to the provisions of Sections 100 and 160 of this Code.
Provided, however, the hearing required by said Statute before a license can be suspended or
revoked shall be before the Council and shall be held pursuant to the procedures set forth in
Section 160 of this Code.
900.15 Inactive Licenses. The City Council may revoke an On-Sale Intoxicating Liquor
License granted to an establishment which has i) failed to make satisfactory progress toward
completion of the construction of a new licensed premises or ii) ceased operation for a period
of six months or more. The provisions of Subsection 900.14 shall apply to such revocations.
900.16 Incorporation by Reference. The provisions of M.S. 340A. which are referenced
in this Section are hereby adopted and incorporated by reference and made a part of this
Section, including all regulations of the Commissioner which relate to such incorporated
provisions of M.S. 340A.
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History: Ord 902 adopted 1-11-84; amended by Ord 902-A1 4-24-85; Ord 902-A2 12-11-85;
Ord 902-A3 4-23-86; Ord 902-A4 6-25-86; Ord 902-A6 12-19-89; Ord 902-A7 5-23-90; Ord
902-A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9; Ord 902-A10 4-10-91; Subsection 900.22
repealed by Ord 1993-1 1-20-93; Ord 1993-11 10-27-93; Subsection 900.26 repealed by Ord
1994-10 10-12-94, amended by Ord 1995-I1 12-19-95; amended by Ord 1997-14 12-1-97;
amended by Ord 1998-3 4-6-98, recodifled by Ord 1999-4 3-1-99; amended by 1999-7; 3-15-
99
Reference: Minnesota Laws 1973, Chapter 441 (Sunday sale licenses for clubs); Minnesota
Laws, 1980, Chapter 410 (Sales at Edina Foundation Ball), M.S. 340A, 349
Cross Reference: Sections 100, 160, 185, 720, 850; Subsection 115.12; Subsection 1230.07
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900 - 14
City of Edina Public Utilities 1100.03
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
1100.01 Sanitary Sewer and Water Utility Established. The City sanitary sewer and water
system shall be operated as a public utility pursuant to M.S. 444.075 from which revenues will
be derived subject to the provisions of this Section and State Law. The sanitary sewer and
water utility shall be part of the Public Works Department and under the direction of the
Engineer.
1100.02 Purpose for Charges. The rates and charges established by this Section are for the
purpose of paying (i) the share allocated to the City by the Metropolitan Waste Control
Commission established by M.S. 473.503 for the operation and maintenance costs of the
metropolitan disposal system and as defined in M.S. 473.121, Subd. 24, and (ii) the operation,
construction, reconstruction, maintenance, repair, enlargement, improvement, use and
administrative expenses of the City sanitary sewer and water system.
1100.03 Sewer and Water Charges.
Subd. 1 Classifications. The Council may classify sanitary sewer services and
water services according to:
A. Land use and density.
B. Areas with water or sanitary sewer services supplied by other cities.
C. City Park Department and Street Department usage.
All classifications shall be as set forth in Section 185 of this Code.
Subd. 2 Rates. The rates for each classification including flat annual charges and
minimum charges shall be as set forth in Section 185 of this Code.
Subd. 3 Industrial User Extra Strength Charges. To pay the costs allocated to the
City each year by the Metropolitan Waste Control Commission that are based upon the
strength of discharge of industrial users receiving waste treatment services within or
served by the City, there is hereby approved, adopted and established, in addition to the
other charges established by this Subsection, a sewer charge upon each person receiving
waste treatment services within or served by the City based upon strength of industrial
waste discharged into the sewer system of the City. The industrial user extra strength
charges sent to the City by the Metropolitan Waste Control Commission shall be
collected from the user which generated the industrial waste as provided in Subd. 5 of
Subsection 1100.04.
Subd. 4 Other Charges. In addition to the charges permitted by this Subsection,
the City may make charges for the following:
1100 - 1
City of Edina Public Utilities 1100.04
i
A. Shutting off or resuming service at the curb stop if done at the customer's
request, if done to terminate service pursuant to Subd. 3 of Subsection 1100.05
or if done to undertake repairs pursuant to Subd. 2 of Subsection 1100.06. The
charge will be in the amount set forth in Section 185 of this Code.
B. Repairs undertaken by the City pursuant to Subd. 2 of Subsection 1100.06.
The charge shall be equal to the cost of the repairs including the cost of
supervision and administration.
C. Replacement or repair of City issued or approved metering devices if
required due to damage or negligence.
D. Surcharges for buildings or premises which are not in conformance with
Subsection 445.08 of this Code.
Meters; Meter Readin • Billing; .
1100.04 Mete g� g; Pay
Payment.
Subd. 1 Meter Required.
A. All permanent service connections to the City water system shall be metered
by a metering device and read-o-matic issued by the City. The metering device
and read-o-matic shall be installed by the owner of the property in accordance
with Section 440 of this Code.
B. The owner of(i) a residential building with more than four dwelling units or
(ii) any residential building which is served by City sanitary sewer but is not
served by City water, shall install and maintain in good working condition, a
meter on the building's water supply for the purpose of estimating the building's
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discharge to the sanitary sewer system. The meter shall be issued by the City,
or in the alternative, the owner may install a sewage metering device approved
by the Engineer.
C. The fee for the issuance of a meter shall be as set forth in Section 185 of this
Code.
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D. The City may remove any meter at any time for testing,. calibration, or
replacement.
g City Subd. 2
Meter Reading. The Ci shall cause each meter required by Subd. 1 of
this Subsection to be read once every three months. If the meter cannot be read when
scheduled, the City may estimate the meter reading based upon the actual water j
consumption during the corresponding time period in the then immediately preceding
year, or of the then immediately preceding time period for meters installed less than
one year.
1100 - 2
City of Edina Public Utilities 1100.05
Subd. 3 Basis for Sewer Charge. The basis for the sewer charge shall be:
A. For all uses except single dwelling unit and double dwelling unit buildings
as defined by Section 850 of this Code, the quantity used for computing the
sewer charge shall be equal to either (i) the metered quantity of water used
during each billing period or (ii) the metered discharge to the sanitary sewer
system during each billing period if the building is equipped with a sewage
metering device.
B. For single dwelling unit and double dwelling unit buildings, as determined
by Section 850 of this Code, the metered usage of water as computed following
the meter reading taken in February, March, or April of each year shall be used
to determine the sewer charge for each subsequent billing period for that year.
C. Buildings which are not connected to the City water system, and which are
not required by Subd. 1 of this Subsection to have a sewage metering device
shall be charged the minimum sewer charge provided by Section 185 of this
Code.
D. Metered water services used exclusively for irrigation purposes shall not be
required to pay a sewer charge.
Subd. 4 Basis for Water Charge. The basis for the water charge shall be the
metered usage of water pursuant to Subd. 2 of this Subsection.
Subd. 5 Billing. Following the recording of a meter reading the City shall render a
bill to the owner, lessee, or occupant of the property so metered. The amount of the
bill shall be based upon (i) the metered usage of water or sewer services times the rates
established by Section 185 of this Code, (ii) industrial user extra strength charges sent
to the City by the Metropolitan Waste Control Commission for collection, (iii) any
other charges permitted by this Section.
Subd. 6 Payment, Loss of Discount, Interest. All bills shall be payable at the City
Hall within 21 days of the date rendered. Bills not so paid lose any discount offered,
and the full amount of the bill shall be payable after the said 21 days. Bills not paid
within 30 days of the date rendered shall be charged interest at a rate equal to the lesser
of (i) the highest rate allowed by law, or (ii) two percentage points in excess of the rate
charged by-the City on special assessments.
1100.05 Delinquent Accounts, Collection, Termination of Service.
Subd. 1 Notice. If payment is not received within 60 days of the date the bill for
water or sewer services was rendered, the City shall issue a notice to the person whose
name appears on the City's records as being responsible for the account.
A copy of the notice shall also be sent to the owner or manager of the property if
different than the account holder. The name and address of the owner shall be
1100 - 3
City of Edina
Public Utilities 1100.05
determined from records maintained by the Assessor or other appropriate records in the
City. The notice shall state that:
A. The City intends to terminate water service (if the property is served by City
water);
B. The reason for the proposed termination of service;
C. The City may certify the delinquent charges to the County for collection in
accordance with Subd. 4 of this Subsection;
D. The City may seek collection of the delinquent charges by any other
remedies; and
E. The time period provided prior to termination of the water service and prior
to certification with the County or before other collection remedies are begun,
for (i) paying the delinquent bill, (ii) requesting an opportunity to discuss the
delinquent bill with a City employee designated by the Manager and identified in
the notice, (iii) requesting a hearing pursuant to Subd. 2 of this Subsection. The
time period provided in the notice shall be not less than ten days after the date of
the notice.
Subd. 2 Hearing. If the notice given in accordance with Subd. 1 of this Subsection j
provides for the termination of the water service, the person who is responsible for the
delinquent account may file a written appeal with the Clerk. The appeal must be filed
within ten days of the date of said notice. All appeals under this Subdivision shall be
heard by the Council. The hearing shall be held not later than 30 days after receipt of
the appeal. A notice of the date, time, place and purpose of the hearing by the Council
shall be mailed not less than ten days prior to the hearing to the person who filed the
appeal. No action shall be taken by the City to terminate the service, certify to the
County for collection, or exercise other remedies until the appeal is decided by the
Council. After hearing the oral and written views of the person filing the appeal, other
interested persons and City staff, the Council shall make its decision at the same
meeting or at a specified future meeting.
Subd. 3 Termination of Water Service. The City may proceed to terminate the
water service if:
A. Payment is not received within the time period provided in the notice and no
appeal is received within ten days of the date of the notice; or
B. An appeal is received within ten days of the date of the notice, and the
Council orders termination of the water service following a hearing held
pursuant to Subd. 2 of this Subsection; or
C. No appeal is received but a request to discuss the delinquent bill is received
and a resolution of the delinquent bill is not reached after discussions between
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1100 - 4
City of Edina Public Utilities 1100.06
the person responsible for the bill and the designated City employee identified in
the notice.
Subd. 4 Certification of Delinquent Accounts. If payment is not received within
the time period provided in the notice, or if a resolution of the delinquent bill is not
reached, the City may certify the delinquent balance to the County Auditor with taxes
against the property served, for collection as other taxes are collected. Such
certification shall not preclude the City or its agent from recovery of the delinquent bill
using any other available remedy.
Subd. 5 Termination of Service for Two or More Properties. The City may
terminate water service in accordance with this Subsection even if such termination will
affect property in addition to that owned or occupied by the person responsible for the
account. A copy of the notice required by Subd. 1 of this Subsection shall be sent to
the owner of such property that would be affected by the termination of a water service
and said owner shall have the same right to appeal to the Council and to discuss the bill
with the identified City employee as does the person responsible for the account.
1100.06 Water Main or Service Line Defects.
Subd. 1 Water Main Defects. When defects in the City owned water system causes
substantial water loss, any water service may be temporarily discontinued until repairs
are made.
Subd. 2 Service Line Defects. If a service line is defective between the curb stop
and the meter, the property owner shall make necessary repairs within five days after
notification by the City. If repairs are not undertaken within five days, the City may
discontinue service and make the necessary repairs.
History: Ord 1101 codified 1970, amended by 1101-AI 12-23-71, 1101-A2 10-4-73, 1101-A3
5-9-74, 1101-A4 1-14-76, 1101-A5 8-11-76, 1101-A6 11-3-76, 1101-A7 6-28-78, 1101-A8 7-
16-80, 1101-A9 8-13-90, 1101-A10 3-12-86, 1101-A11 11-12-86; Ord 1998-1; 3-16-98
Reference: M.S. 444.075, 412.321, 473.121, 473.501 et seq.
Cross Reference: Sections 185, 440, 850
1100 - 5
City of Edina Streets and Parks 1220.05
Section 1220 - Park Board
1220.01 Establishment. The Council, in order to provide for a City park and open space
system and a City recreation program does hereby establish the Park Board.
1220.02 Duties. The Park Board shall develop and review plans and advise the Council
on the acquisition and development of parks and recreation facilities, and plan and make
recommendations to the Council concerning park activities and recreation programs. The
Park Board shall make and furnish studies, reports and recommendations as the Council
may request.
1220.03 Membership. The Park Board shall consist of ten residents of the City appointed
by the Mayor with the consent of the majority of the Council, plus one resident who is also
a member of the Board of Education of Independent School District No. 273 and who shall
be appointed by the Board of Education with the consent of a majority of the Council. The
ten resident members (other than the Board of Education member) shall be appointed for
a term of three years. The member who is also a member of the Board of Education shall
serve for one year. All members shall serve until a successor has been appointed.
Members of the Park Board shall serve without compensation and may resign voluntarily
or be removed by a majority vote of the Council or pursuant to Section 180 of this Code.
A member's successor shall be appointed for the remainder of the member's term. Board
members who discontinue legal residency in the City may be removed from office by the
Mayor with the consent of a majority of members of the Council. The member who is
appointed by the Board of Education shall be ineligible to serve on the Park Board if that
member ceases to be a member of the Board of Education.
1220.04 Organization. The Park Board shall:
A. Elect from its members a chair and vice chair, each of whom shall serve for a
period of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City. If a secretary is assigned by the City, the secretary shall
perform only such clerical duties on behalf of the Park Board as may be assigned by
the chair with the consent of the Manager. Additional advisory staff may be
assigned to the Park Board by the Manager.
1220.05 Meetings. All meetings of the Park Board shall be open to the public, be
governed by Roberts Rules of Order, and otherwise by held pursuant to its bylaws. The
Park Board 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.
1220 - 1
City of Edina Streets and Parks 1220.05
History: Ord 1221 codified
Reference: M.S. 412.501
Cross Reference: Section 180
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1220 - 2
City of Edina Streets and Parks 1230.02
Section 1230 - Conduct in Parks and Public Places
1230.01 Definitions. Unless the context clearly indicates otherwise, the following words and
phrases have the meanings given in this Subsection.
Park. Property owned by the City which is used or is usable for park, recreation or
open space purposes.
Programmed Park. Any enclosed park in which activities are programmed or
scheduled by the Park Director, including, but not limited to Edinborough Park.
Publicly Owned Property. Any property owned by the City, County or State.
Sidewalk. An improved thoroughfare located on a public right-of-way or public
easement limited to usage by pedestrians and non-motorized vehicles.
Sidewalk Cafe. Tables, chairs, benches and appurtenant equipment located on a
sidewalk (i) for the exclusive use by patrons of an abutting food establishment as
defined by Section 720 of this Code, or (ii) where the service of food or beverages is
offered to persons using such tables, chairs and benches.
Street. A right-of-way which is used or is usable as a public thoroughfare for
motorized or non-motorized vehicles or pedestrians. "Street" as used herein includes
public highways, streets, roads, and alleys.
1230.02 Conduct in Parks, Streets, Sidewalks, and Publicly Owned Property. No
person, in any park, street, sidewalk or publicly owned property, shall:
A. Cut, break, scratch, mark or in any way injure or deface or remove any building,
fence, post, pump, lamp, flagpole, construction work, improvement, facility or any
other structure or property.
B. Post, paste, fasten, paint or affix any placard, bill, notice, or sign upon any motor
vehicle, structure, pole, tree, stone, fence, thing or enclosure unless first authorized in
writing by the City.
C. Pick or cut any wild or cultivated flower, or cut, break, or in any way injure or
deface any tree, shrub or plant, provided that a property owner may prune trees and
shrubs on the street right-of-way adjoining his or her property subject to the permission
of the Park Director.
D. Remove any wild flower, tree, shrub, plant, branch or portion thereof, or any soil
or other material.
E. Go on foot or otherwise upon grass or turf where a prohibitory sign is posted.
1230 - 1
City of Edina Streets and Parks 1230.02
F. Throw or cast any stone or other object, or aim or discharge any air gun, sling shot
or other weapon except according to the rules of a game or recreation permitted in
writing by the City.
G. Deposit, place or leave any paper, rubbish, waste, cans, bottles, or refuse of any
kind except in receptacles provided for the collection of waste.
H. Deposit, place, or leave in publicly owned waste receptacles refuse generated from
normal household or business activities.
I. Start or maintain any fire except small fires made by picnic parties in those locations
in parks designated for that purpose by the City.
J. Abandon any fire made pursuant to paragraph I. of this Subsection without
completely extinguishing the fire and depositing the ashes or coals from such fire, after
they have cooled sufficiently, in receptacles provided for waste.
K. Perform acts prohibited by Section 1000 of this Code.
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M. Set, lay, or prepare or use any trap, snare, artificial light, net bird line, ferret,
hawk or any contrivance or device whatever for the purpose of catching, taking or
killing any bird or wild creature. The prohibition in this paragraph shall not apply to
trapping by any means or methods done by the City, or done under its direction, or
done by any other governmental agency or department with the written permission of
the Manager, or done by any person with a valid trapping license issued by the State
and with the written permission of the Manger. All trapping shall be done in
accordance with State Law.
N. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
O. Consume intoxicating or non-intoxicating malt liquor, wine, or intoxicating liquor,
as defined in Section 900 of this Code, except that:
1. 3.2 percent malt liquor, intoxicating malt liquor and wine which is dispensed
by the City or by an authorized agent of the City may be consumed subject to
other applicable provisions of this Code and subject to the rules and regulations
of the Park Director pursuant to Subsection 1230.06 in the following places:
a. Inside the clubhouse building or on decks, patios and other outdoor
dining areas which are adjacent to the clubhouse building at Braemar
Golf Course and at Fred Richards Golf Course.
b. Inside the Edinborough Park building, the Centennial Lakes Park
Centrum building, the building at Arneson Acres Park, the Edina Art
1230 - 2 j
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City of Edina Streets and Parks 1230.02
Center Building and on decks, patios and other outdoor dining areas
which are adjacent to such buildings.
2. 3.2 percent malt liquor which is dispensed by the City or by an agent of the
City pursuant to a temporary on-sale 3.2 percent malt liquor license issued in
accordance with Section 900 of this Code may be consumed subject to other
applicable provisions of this Code and subject to the rules and regulations of the
Park Director pursuant to subsection 1230.06 within the confines of the ball
field complex at Van Valkenburg Park.
3. 3.2 percent malt liquor which is dispensed by the City or by an agent of the
City pursuant to a 3.2 malt liquor license issued in accordance with Section 900
of the City Code may be consumed subject to other applicable provisions of this
Code and subject to the rules and regulations of the Park Director pursuant to
Subsection 1230.06 on the grounds of Braemar Golf Course and Fred Richards
Golf Course.
4. 3.2 percent malt liquor, intoxicating malt liquor, and wine may be consumed
at sidewalk cafes which are licensed in accordance with Section 900 of this Code
and which are authorized by a permit issued pursuant to Subsection 1230.07 of
this Code. .
P. Destroy, injure, or tamper with any sewer, storm sewer, water main, culvert or any
part thereof including manhole covers, tanks or valves.
Q. Hitch any animal to a lamp post, hydrant, drinking fountain, tree or other structure
or picket an animal to the ground.
R. Park or occupy a vehicle or occupy a street or sidewalk to sell any farm produce or
any other product or property, or for conducting any business or selling of services
except as provided in Subsection 1230.07 of this Code.
S. Place any vehicle to display the vehicle for sale or exchange.
T. Work, grease, repair, change oil or maintain in any way a vehicle, except as
necessitated by an emergency.
U. Use a skateboard, roller skates, in line roller skates or blades, or similar devices,
(i) in a municipal parking facility, (ii) on or across a sidewalk within or adjoining
property in the PC-1, PC-2, or PC-3 Districts as defined by Section 850 of this Code,
or (iii) upon the traveled portion of a street. Notwithstanding the foregoing, roller
skates or in-line roller skates or blades may be used on the traveled portion of streets if
no adjoining sidewalk is present.
V. Feed any wild animal or bird, or deposit a food source for wild animals or birds.
1230 - 3
City of Edina Streets and Parks 1230.03
1230.03 Additional Restrictions for Parks and Publicly Owned Properties. In addition to
the requirements of Subsection 1230.02, no person shall in any park or publicly owned
property:
A. Place or keep any goods, wares, merchandise or other articles without the written
permission of the Park Director.
B. Participate in or conduct any band procession, parade or military formation without
the written permission of the Park Director.
C. Promote or participate in an entertainment or exhibition without the written
permission of the Park Director.
D. Give any public speech or hold or participate in any rally, convention, assembly or
meeting without the written permission of the Park Director, which shall be withheld
only when necessary to prevent conflict with regular park activities.
E. Sell or offer for sale any article in any public park; provided, that refreshments or j
other articles may be sold by the City or by persons authorized to do so by the Park
Director.
F. Be in or remain in, or park or leave any vehicle between the hours of 12 midnight
and 6 A.M., except when the vehicle is moving upon a street or when permitted by the
Park Director.
G. Drive or park a vehicle on any area not designated for parking or travel.
H. Take or allow any dog or other animal where forbidden by posted signs.
I. Take or allow any horse or other livestock upon any park, publicly owned property
or public waters without the written permission of the Park Director.
J. On any public skating rink, no person shall race, play games which interfere with
the general public use, use hockey sticks or pucks in areas not marked for hockey play,
or loiter in public warming houses.
K. Play or participate in baseball, diamond ball, basketball, football, golf, tennis,
archery or any other game or sport except in or upon appropriate areas established by
the City for such game or sport.
L. Play upon, use, or enter any publicly owned property without having first paid an
admission or entry fee when one is required.
M. Bathe or swim in water adjoining a park except at places and during hours shown
by signs placed by the City.
1230 - 4
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City of Edina Streets and Parks 1230.04
1230.04 Additional Restrictions for Programmed Parks. In addition to the requirements of
Subsections 1230.02 and 1230.03, no person in a programmed park shall:
A. Act in a manner that is disruptive or distracting to programmed or scheduled
activities.
B. Use the park or any equipment in a manner inconsistent with the programmed or
scheduled activities.
C. Physically obstruct or hinder free passage on walkways and paths within the park.
D. Run or move rapidly along walkways or pathways within the park in a manner that
would interfere with sedentary use of the park or would be disruptive or dangerous to
pedestrian traffic within the park.
E. Be or remain within the park before or after posted hours of operation without
written permission of the Park Director.
F. Be or remain within any area of the park closed to public use without written
permission of the Park Director.
G. Walk, run, climb, sit, stand or be physically present in any area designed for or
planted with vegetation, or be in any water area or other area not designed for human
activity.
H. Use any electric sound receiving, transmitting or reproducing device in such a
manner as to annoy or disturb persons within the park, or disturb or interfere with
programmed or scheduled activities.
1. Use or consume alcoholic beverages contrary to this Code or contrary to any rules
and regulations of the Park Director or contrary to any license or lease by which the
user or consumer is within the park.
J. Use or consume alcoholic beverages not dispensed by a person or group duly
licensed by the City to use the park.
K. Use tobacco in any form.
L. Operate skateboards, roller skates, in line roller skates or blades, bicycles, scooters,
or similar vehicles or devices, unless part of a programmed or scheduled activity.
M. Act disorderly.
N. Trespass.
1230 - 5
City of Edina Streets and Parks 1230.07
1230.05 Additional Requirements for Waterbodies. In addition to the requirements of
Subsection 1230.02, no person shall on any lake, pond or stream within the City:
A. Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
B. Use any mechanically propelled boat or other watercraft unless being used for
emergency rescue or the maintenance of the lake, pond, or stream.
C. Use any watercraft unless in full compliance with State Law and the rules and
regulations of the State Commissioner of the Department of Natural Resources
including the.use of personal floatation devices.
D. Erect or maintain a shelter on the ice unless the shelter is portable and is removed
each day.
E. Start or maintain any fire on the ice provided that a manufactured heater using
liquid or gaseous fuel may be used.
1230.06 Additional Rules and Regulations. The Park Director may adopt additional rules
and regulations not contrary to the provisions of this Code governing the use and enjoyment of
parks, programmed parks, playgrounds, lakes, ponds, streams and other publicly owned
properties which shall be prominently posted or publicly announced in the places where they
are intended to apply. Any person who violates a rule or regulation so posted may be excluded
from the use of the park, programmed park, lake, pond, stream or other publicly owned
property and may in addition be prosecuted as for a misdemeanor.
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1230.07 Special Permits for Pushcarts and Sidewalk Cafes. Notwithstanding the
requirements of this Section 1230, certain pushcarts and sidewalk cafes are permitted on
sidewalks subject to the requirements of this Subsection.
Subd. 1 Pushcarts. Pushcarts, as defined by Section 720 of this Code, may be
located on sidewalks within the area included in the plan prepared by the HRA entitled,
"50th and France Commercial Area Plan" dated December 3, 1974, subject to a permit
issued pursuant to this Subdivision.
A. In addition to the requirements of Section 160 of this Code, no permit shall
be issued for a pushcart unless the following requirements are met:
1. The pushcart must be licensed in accordance with Section 720 of this
Code.
2. The applicant for a permit must possess a valid food establishment
license or take-out food license, pursuant to Section 720 of this Code, for a
food establishment located in the 50th and France commercial area.
1230 - 6
City of Edina Streets and Parks 1230.07
3. The pushcart shall not exceed eight feet in length, four feet in width,
and eight feet in height.
4. The pushcart shall be equipped with casters or wheels to permit ease of
movement.
5. The pushcart shall be equipped with facilities for the disposal of trash
generated by the pushcart.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
1. Pushcarts shall be parked on public sidewalks and walkways only in
those locations specified in the permit.
2. Pushcarts shall be stored indoors following the close of business each
day.
3. Only food or beverages for immediate consumption may be offered from
the pushcart.
4. Cleaning, servicing, and maintenance of the pushcart shall be
undertaken only in an area approved by the Sanitarian.
C. Permits issued pursuant to this paragraph shall expire on March 31 of each
calendar year.
D. The number of permits which may be in force under this Subd. 1 at any one
time shall not exceed six.
Subd. 2 Sidewalk Cafes. Sidewalk cafes may be located on sidewalks subject to a
permit issued by the City Manager pursuant to this Subdivision. Applications for a
sidewalk cafe permit shall be made on forms supplied by the Clerk and shall include a
plan drawn to scale which illustrates the exact location of the proposed sidewalk cafe
together with distances and dimensions of the adjoining buildings, the sidewalk, the
distance to and location of the traveled portion of the street and distances to all
obstructions in the vicinity. The application shall be accompanied by the fee set forth
in Section 185 of this Code. If the application is denied, the application fee less $100
shall be returned to the applicant.
A. In addition to the requirements of Section 160 of this Code, no permit shall
be issued or renewed for a sidewalk cafe unless the following requirements are
met:
1230 - 7
City of Edina Streets and Parks 1230.07
1. The applicant must possess a valid food establishment license pursuant
to Section 720 of this Code.
2. A distance of at least 200 feet shall be maintained between the nearest
point of the sidewalk cafe to the nearest point of property used for
residential purposes.
3. The applicant must furnish to the Clerk, evidence that public liability
insurance has been procured for any death or personal injury arising from
the ownership, maintenance, or operation of the sidewalk cafe in amounts
not less than $100,000 for injury to or death of one person, of $300,000 for
any one incident, and not less than $50,000 for damage to property arising
from any one incident. The applicant shall maintain such insurance in
effect at all times during the term of the permit. The City shall be named as
an additional named insured in the policy providing such insurance.
4. The applicant shall indemnify and hold the City and the City's officials
and employees harmless from any loss, cost, damage and expenses arising
out of the use, design, operation, or maintenance of the sidewalk cafe.
5. The area occupied by the sidewalk cafe shall abut and shall be operated
as part of the food establishment operated by the applicant. No part of the
sidewalk cafe shall adjoin any premises other than the applicant's food
establishment.
6. The City Manager shall find that the sidewalk cafe will not unduly
restrict the safe usage of the sidewalk by the public after taking into
consideration the location of obstructions, vehicular traffic and other
impediments to the passage of pedestrians. The City Manager shall renew a
permit only upon finding that the operation of the sidewalk cafe complied
with all provisions of this Subdivision and did not constitute a nuisance as
defined by Section 1035 of this Code.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of sidewalk cafes.
1. Only food or beverages for immediate consumption may be offered for
sale.
2. Intoxicating liquors, beer or wine may be consumed only if the sidewalk
cafe is licensed pursuant to Section 900 of this Code.
3. No expansion of the area occupied by the sidewalk cafe from that shown
on the permit application shall be made.
1230 - 8
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City of Edina Streets and Parks 1230.08
4. No tables, chairs, furnishings, planters, railings or other obstructions
shall be placed or remain on the sidewalk between November 1 and April 1
except on a day to day basis when the sidewalk cafe is open for business.
5. The applicant shall maintain the sidewalk cafe in a clean and sanitary
condition as required by Section 720 of this Code.
6. The applicant shall promptly replace or repair any damage to the
sidewalk or other public property caused by the applicant's use of the
sidewalk as a sidewalk cafe.
C. Permits issued pursuant to this Subdivision shall expire on March 31 of each
calendar year.
1230.08 Exception. The provisions of this Section 1230 shall not apply to employees and
agents of the City who are performing job related duties under the direction of the Manager,
Engineer, or Park Director.
History: Ord 1222 codified 1970, amended by Ord 1222-A1 11-29-78; 1222-A2 11-28-79;
1222-A3 6-24-87, Ord 1993-5 4-28-93; Ord 1994-6 7-27-94; Ord 1995-6 8-17-95; Ord 1997-
1412-15-97; Ord 1999-7 3-15-99
Cross Reference: Sections 160, 720, 900, 1000
1230 - 9
City of Edina Trades and Occupations 1341.02
Section 1341 - Physical Culture and Health Services and Clubs
1341.01 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.
1341.02 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
person, partnership, corporation, or other organization shall operate a physical culture
1341 - 1
City of Edina Trades and Occupations 1341.02
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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 escort 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 an affidavit signed by the authorized Officer of the business. In lieu
of delivery of the aforementioned affidavit, at the direction of the City, the
business shall be required to deliver, a certification from a certified public
accountant, acceptable to the Manager, that the annual gross revenue from massage
services, for the preceding twelve months, is less that 25% of its total annual gross
revenue for such period of time.
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3. 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 an individual at the residence of the person
receiving the massage.
4. All fees or other consideration derived from performing massage shall be
received by and accounted for by the proprietor of the principal business.
5. 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. Any business that requests an exemption from the business license requirement
shall submit the required affidavits and documents on an annual basis. The
exemption request shall be due on or before the first day of June of each year.
1341 - 2
City of Edina Trades and Occupations 1341.03
1341.03 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.
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
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. 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.
C. If the applicant is a partnership:
1341 - 3
City of Edina Trades and Occupations 1341.03
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I. The names and addresses of all partners and all information
concerning each partner as is required of an applicant under paragraph
B. 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. j
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.
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 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 this Subsection.
E. The location of the business premises.
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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 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
1341 - 4
City of Edina Trades and Occupations 1341.06
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 1341.14. 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.
1341.04 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.
1341.05 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 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 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.
1341.06 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.
1341 - 5
City of Edina Trades and Occupations 1341.08
1341.07 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 160.03 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.
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
1341.14.
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.
1341.08 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
1341 - 6
City of Edina Trades and Occupations 1341.13
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.
1341.09 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 10 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.
1341.10 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 C.1 of Subsection 1341.03 and any
change in the persons who are named in the application as required by paragraph DA of
Subsection 1341.03 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.
1341.11 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 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.
1341.12 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 7:00 A.M.
1341.13 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
1341 - 7
City of Edina Trades and Occupations 1341.14
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 Clothing Requirements. Employees of businesses licensed under this
section shall be and shall remain fully clothed while performing massage.
Subd. 3 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 1341.02, (ii) a business which is
exempt from a business license pursuant to Subd. 3 of Subsection 1341.02, or (iii) the
residence of the person receiving the massage.
Subd. 4 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.
1341.14 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 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.
i
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.
1341.15 Maintenance; Sanitary Conditions; Communicable Disease.
1341 - 8
City of Edina Trades and Occupations 1341.17
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.
1341.16 Inspection. Each business required to be licensed shall at all times be held open
for inspection by duly authorized representatives of the City.
1341.17 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, Ord 1352
repealed 11-28-84; Ord 1994-5 5-4-94, Ord 2001-1, 2-1-00 replaced 1340 with 1341
Reference: M.S. 144.50 through 144.703, 333, 364.03, Subd. 2, 136C
Cross Reference: Sections 160, 185, 850
1341 - 9
City of Edina Control of Traffic and Vehicles 1400.05
CHAPTER 14. CONTROL OF TRAFFIC AND VEHICLES
Section 1400 - Pedestrian, Bicycle and Vehicular Traffic;
Parking, Standing and Loading
1400.01 Highway Traffic Regulation Act Adopted by Reference. Except as otherwise
provided in this Chapter, or elsewhere in this Code, M.S. Chapter 169, (commonly referred
to as the Highway Traffic Regulation Act), is hereby incorporated herein and adopted by
reference, including the penalty provisions.
1400.02 Definitions. Any term used in this Section and defined in M.S. 169.01 has the
meaning given it by that Chapter.
1400.03 Owner Allowing Non-Licensed Person to Drive. No person having possession or
control of a motor vehicle shall knowingly authorize or allow the vehicle to be driven or
operated by any person prohibited from driving or operating such vehicle.
1400.04 Use of Vehicle Not Registered or Displaying Number Plates. Except as to vehicles
exempted by law from registering and displaying license plates, no person shall use or
operate any vehicle on public streets or highways in the City which has not been duly
registered or does not display current number plates issued for such vehicle, provided that
the foregoing shall not apply to the operator of a new motor vehicle who displays on the
vehicle a valid permit issued by the motor vehicles registrar under M.S. 168.090, 168.091
or 168.092.
1400.05 Violations Involving Registration Plates or Serial Numbers on Motor Vehicles. No
person shall:
A. Display or cause to be displayed or have in possession any canceled, revoked,
suspended or fraudulently obtained or stolen registration plates,
B. Lend the person's registration plates to any other person or knowingly permit
the use of such registration plates by another,
C. Display or represent as one's own any registration plates not issued to that
person; this shall not apply to any legal change of ownership of the motor vehicle
to which the plates are attached, or
D. Destroy, alter, remove, cover or deface the identification or serial number of any
motor vehicle or knowingly operate any motor vehicle when its identification or
serial number has been destroyed, altered, removed, covered or defaced without first
making application for assignment of a special identification number as provided by
this Code or State law.
1400 - 1
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City of Edina Control of Traffic and Vehicles 1400.08
E. Alter or deface a temporary vehicle permit issued under M.S. 168.090, 168.091
or 168.092.
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1400.06 Additional Violations Involving Registration Certificates and Number Plates. No
person shall use or operate or cause to be used or operated any motor vehicle while a
certificate of registration of the motor vehicle issued to the person is suspended or revoked.
No person shall deface or alter any registration certificate or possess it after it has been
defaced or altered, pursuant to M.S. 168.36.
1400.07 General Rules for Drivers.
Subd. 1 Stop for School Stop Signs. Every driver of a vehicle shall stop at a sign
marked "Stop, School' before entering an intersection.
Subd. 2 Backing. No person in control of any vehicle shall back the vehicle
without ample warning. While backing, care must be exercised not to injure
persons or property. In no case, shall any vehicle be backed around a corner at or
into an intersection of streets or highways.
Subd. 3 Driving or Parking on Sidewalk. No vehicle shall be parked or driven on
or along a sidewalk.
Subd. 4 Quiet Zones. On any street in the vicinity of any hospital or other
institution in which sick or wounded persons are cared for or treated, where a sign
is displayed containing the words "Hospital, Quiet," no person shall make or cause
to be made by any person, or object under that person's control any unnecessary
noise by fast driving, ringing of bells, blowing of horns, whistles, or other devices
or instruments under that person's control, or in any other way, in such vicinity, so
as to unreasonably disturb the peace, comfort, or quiet of any patient of such
hospital or institution.
1400.08 Regulation of Speed.
Subd. 1 Speed in Alleys. No person shall drive a vehicle on any public alley at
a speed greater than is reasonable and prudent under the circumstances, and in no
event at a speed greater than ten miles per hour.
Subd. 2 Unreasonable Acceleration of Motor Vehicles. No person shall start or
accelerate any motor vehicle with an unnecessary exhibition of speed or noise on
any public or private roads, streets, or highways within the City. Prima facie
evidence of such unnecessary exhibition shall be driving in excess of the posted
speed limit; or squealing or screeching sounds emitted by the tires; or unnecessary
skidding or slidingupon acceleration; or the throwing of sand or gravel by the tires
P
of said vehicle, or a combination of any of these.
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1400 - 2
City of Edina Control of Traffic and Vehicles 1400.10
1400.09 Pedestrians' Rights and Duties. No person or group of persons shall assemble or
cause others to assemble on any sidewalk so as to unreasonably obstruct the free passage
of pedestrians on the sidewalk or unreasonably interfere with the use of it.
1400.10 Parking, Stopping and Standing; Loading.
Subd. 1 Additional Parking Rules. No person shall stop, stand or park a vehicle,
except when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic control device, in any of the following places:
A. On a boulevard between sidewalk and roadway;
B. Within five feet of the intersection of any public or private driveway or
alley with any street or highway;
C. In any place where the vehicle will block a fire escape or the exit from
any building; or
D. In any place where temporary signs prohibit parking as long as the signs
are in place.
Subd. 2 Angle Parking. Upon streets which have been marked or signed for angle
parking, vehicles shall be parked at the angle to the curb indicated by the marks or
signs.
Subd. 3 Manner of Parking and Right-of-Way. The driver of a vehicle who intends
to park at the curb of any street or highway at a place about to be vacated by
another vehicle shall stop in back of the parking space and wait until the vehicle has
vacated the parking space. The person so desiring to park shall then move the said
vehicle to a place immediately in front of said parking space and back into it, and
the driver of any other vehicle approaching from the rear shall yield the right-of-
way to the person for the purpose of parking at said parking space. In case there
is no vehicle in position immediately in front of said parking space prepared to back
into it, and the parking space is large enough to permit it, the driver of an
approaching vehicle may head into the parking space without backing. In no case
shall the front or rear extremities of the parked vehicle be closer than four feet to
the front or rear of any parked vehicle.
Subd. 4 Vehicle Back to Curb. No driver shall back a vehicle up to the curb to
load or unload except when the weight or bulk of the load necessitates loading or
unloading in this position, and then only for the period of time necessary to load
or unload the vehicle.
Subd. 5 Truck Loading Zones. No person shall stop, stand or park a vehicle,
other than a truck as defined in M.S. 169 in any space marked or signed as a Truck
1400 - 3
I
City of Edina Control of Traffic and Vehicles 1400.10
Loading Zone. Trucks shall not be parked in Truck Loading Zones for any purpose
other than, or for longer than necessary, to unload, deliver, or to pick up and load
materials between 7 A.M. and 8 P.M., unless otherwise designated.
Subd. 6 Passenger Loading Zones. No person shall stop, stand, or park a vehicle
for any purpose or period of time other than for the loading or unloading of
passengers in any place officially designated and marked as a Passenger Loading
Zone during the hours when the regulations applicable to the Passenger Loading
Zone are effective, and then only for a period not to exceed three minutes. Vehicles
must parallel park in such zones.
Subd. 7 Limited Parking Zones.
A. Generally. Except on Sundays and legal holidays, no person shall park
any vehicle for a longer period than is designated on the signs marking the
zone in any Limited Parking Zone established by the Council.
B. Six Hour Parking. No person in charge of any vehicle shall park or
permit the vehicle to stand upon any street or highway for more than six
consecutive hours, unless otherwise designated on erected and installed signs.
This paragraph shall not apply to vehicles used by persons while such
persons are present and actively engaged in services performed on the
premises of others, such as painting,home construction or repair, installation
of appliances, cleaning, or fumigating.
C. Seasonal Parking Restriction. From November 1 to March 31, inclusive,
no person shall park or permit any vehicle to stand on any street, highway
or alley for all or any part of the period from 1 A.M. to 6 A.M.
D. Shifting of Parked Vehicle. To regulate limited parking, any vehicle
moved a distance of not more than three tenths of a mile during the limited
parking period shall be deemed to have remained stationary.
Subd. 8 Vehicle Ignition to be Locked. Every person parking a passenger
automobile on a public street or alley shall lock the ignition, remove and take the
key.
Subd. 9 Leaving Unattended Children. No person in a position of authority shall
leave a child under the age of six years unattended in a motor vehicle unless the
ignition is locked in the off position and the keys are removed from the vehicle. In
no event shall a child under the age of six years be left unattended in a vehicle for
more than 15 minutes. "Position of authority" includes but is not limited to, any
person who is a parent or acting in place of a parent and charged with any of a
parent's rights, duties or responsibilities to a child, or a person who is charged with
any duty or responsibility for the health, welfare, or supervision of a child, either
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1400 - 4
i
City of Edina Control of Traffic and Vehicles 1400.10
independently or through another, no matter how brief, at the time of the act.
Subd. 10 Parking in Public Alleys. Vehicles other than trucks shall not be parked
in public alleys. Trucks shall not be so parked for a longer period of time than is
necessary to load or unload commodities, and then not to exceed 30 minutes.
Subd. 11 Double Parking. Vehicles shall not double park on streets or highways,
except trucks when calling for or delivering merchandise, and when access to the
curb at or immediately adjacent to the place of delivery is blocked by other vehicles,
and then only for such length of time as is necessary to load or unload, not to
exceed 15 minutes. No motor vehicle, commercial or pleasure, shall double park in
any area designated by the Council as a parking meter area.
Subd. 12 Removal of Vehicles After Snowfall. No person shall park or leave
standing any vehicle on any street or alley in the City after a snowfall of at least
1 and 1/2 inches in depth until after the snow on the street has been removed or
plowed to the curb line. Any vehicle parked or left standing on the street in
violation of this Subdivision may be removed by or under the direction of any police
officer or City employee. If the vehicle is removed by or under the direction of the
City, the expense may be charged against the owner of the vehicle. The removal
shall not prevent prosecution of the owner for a violation of this Subdivision.
Subd. 13 Removal of Vehicle for Street Maintenance. Whenever the Engineer shall
find it necessary in order to facilitate street maintenance operations, such as
resurfacing or removal of snow, ice, or street wastes, to move any vehicle standing
on any street, the Engineer or other emergency officials in the discharging of their
duties, are authorized to move the vehicle to the extent necessary for such
maintenance purposes.
Subd. 14 Removal of Illegally Stopped Vehicles. Whenever any police officer finds
a vehicle standing upon a street or highway in violation of any of the foregoing
provisions of this Subsection, the officer is authorized to move the vehicle pursuant
to Section 1410 of this Code or require the driver or other person in charge of the
vehicle to remove it to a position off the paved or improved or main traveled part
of the street or highway.
When any police officer finds a vehicle unattended upon any street,highway,bridge,
causeway or tunnel where the vehicle constitutes an obstruction to traffic, the
officer shall provide for the removal of the vehicle pursuant to Section 1410 of this
Code. All costs incurred by the City in removing any vehicles pursuant to this
Subd. 14 may be charged against the owner of the vehicles so moved pursuant to
Subsection 100.09 of this Code.
Subd. 15 lights on Parked Vehicles. Pursuant to authority granted by M.S.
169.53, vehicles parked on a highway or adjacent shoulder in accordance with local
1400 - 5
City of Edina Control of Traffic and Vehicles 1400.12
parking regulations need not display the required parking lights when parked where
there is sufficient light to clearly reveal any person or object within a distance of
500 feet upon the highway.
1400.11 Bus and Taxicab Stands.
Subd. 1 Bus or Taxicab Stand. The driver of a bus or taxicab shall not stand or
park upon any street in any non-residential district, as designated by Section 850
of this Code, at any place other than a bus stop or taxicab stand, respectively. This
provision shall not prevent the driver of such a vehicle from temporarily stopping
in accordance with other stopping or parking regulations at any place for the
purpose of, and while actually engaged in, loading or unloading passengers.
Subd. 2 Stopping in Bus Stop or Taxicab Stand. No person shall stop, stand, or
park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab
stand, when any such stop or stand has been officially designated and appropriately
sign-posted. However, the driver of a passenger vehicle may stop temporarily
therein for the purpose of, and while actually engaged in, loading or unloading
passengers when stopping does not interfere with any bus or taxicab waiting to
enter or about to enter the zone.
1400.12 Trucks and Truck Zones.
Subd. 1 Truck Routes. Truck routes may be established and shall be identified
by signs or markings erected and maintained by the Engineer. The establishment
of such routes shall be subject to review by the Council. The work "truck" for
purposes of this Subsection, shall mean and include truck, trailer, truck tractor and
semitrailer.
Subd. 2 Operation of Trucks.
A. When any truck route has been established and identified, any persons
driving a truck having a gross weight of three tons or more shall drive the
truck on such route and no other, except when it is impracticable to do so
or where it is necessary to cross other streets to a destination to load or
unload commodities or to tow a disabled or damaged motor vehicle to or
from public or private property, and then only by such deviation from the
nearest truck route as is reasonably necessary.
B. A truck arriving at the end of any designated truck route may be driven
over the most direct course to the nearest truck route which extends in the
same general direction.
C. The Engineer shall have the authority, for cause or upon request, to issue
temporary permits for trucks to operate over routes not established as truck
1400 - 6
i
City of Edina Control of Traffic and Vehicles 1400.16
routes, or to otherwise deviate from the provisions of this Section. Such
action by the Engineer shall be subject to review and modification, or
cancellation, by the Council.
D. The provisions of this Subsection shall not apply to emergency vehicles
of the Police Department, Fire Department, or Health Department, nor to any
public utility vehicles where actually engaged in the necessary performance
of duties by the public department or public utilities, nor to any vehicle
owned by or performing work for the United States of America, the State, or
the City.
E. In addition to posting signs or marking truck routes, the Engineer shall
post signs at the City limits, upon all main traffic routes entering the City,
notifying highways users that trucks may be driven only upon marked truck
routes.
Subd. 3 Trucks Following Each Other. The driver of any truck shall not follow
another truck within one hundred feet. This shall not be construed to prevent one
truck from overtaking and passing another.
1400.13 Length of Vehicles. No vehicle shall exceed a length of 68 feet extreme overall
dimensions inclusive of front and rear bumper. A truck tractor and semitrailer shall be
regarded as one vehicle for the purpose of determining lawful length.
1400.14 Unnecessary Noise. Every motor vehicle shall be maintained, loaded and
operated so as to eliminate, as far as practicable, all unnecessary and annoying sounds
caused by loose, worn, improperly adjusted, or inadequately fastened or connected parts
or equipment.
1400.15 Unauthorized Traffic Signs and Regulations; Interference with Signals.
Subd. 1 Unauthorized Traffic Regulation. No unauthorized person shall regulate
or attempt to regulate traffic upon the highways.
Subd. 2 Advertising. The use of red, green or amber lights on the highways for
advertising or for signalling purposes, except as provided in this Section, is
prohibited.
1400.16 Miscellaneous.
Subd. 1 Application to Private Property. All provisions of this Section shall apply
to pedestrians or the drivers of vehicles or bicycles upon the streets, highways, or
sidewalks of the City, except where clearly inapplicable, and to pedestrians and the
drivers of vehicles and bicycles on private roads and driveways of the City, including
off-street parking areas. The Manager may establish the maximum speeds at which
1400 - 7
City of Edina Control of Traffic and Vehicles 1400.17
vehicles and bicycles may be driven in such off-street parking areas. The speed
limits may vary from parking area to parking area and shall be based on the
requirements of safety in the affected parking areas. Each speed limit shall be
established in writing, filed with the Clerk and shall become effective as an absolute
speed limit on being sign-posted at each entrance to the affected parking area. No
person shall drive a vehicle or bicycle on the parking area at a speed in excess of
the posted speed.
Subd. 2 Animal or Animal-Drawn Vehicle. Every person riding an animal or
driving any animal-drawn vehicle upon a roadway is subject to the provisions of this
Section applicable to the driver of a vehicle, except those provisions of this Section
which by their nature can have no application.
Subd. 3 Jumping Rides. No person shall ride in or jump into or upon any vehicle
without consent of the driver, and no person shall when riding, allow any part of
the person's body to project beyond the limits of the motor vehicle in which the
person is riding except when signalling as required. No person shall board, alight
from nor hang on to any motor vehicle, when the motor vehicle is in motion. This
provision shall not apply to any person whose employment makes it necessary to
ride in or on a vehicle otherwise than as provided in this Section, when engaged in
the necessary duties of the employment.
Subd. 4 Use or Sale of Certain Radio Equipment. No person other than State or
municipal police officers or City employees authorized by the Police Chief, shall
equip any motor vehicle with any radio equipment, or combination of equipment,
capable of receiving any radio signal, message or information from any Police
emergency frequency, or install, use or possess the same in any motor vehicle unless
the person has a permit to do so from the State Bureau of Criminal Apprehension,w
No person shall transfer, barter, exchange or sell such radio equipment to any one
not holding such a permit. <; �,�c:\c r� c t IV (a,�V (;�A C (` V
Subd. 5 Traffic Diverters. The Council may, by resolution, establish traffic
diverters at locations on the public streets in the City under its jurisdiction, and for y....�� 31
temporary or permanent time periods, to regulate, control and guide traffic, as it
��
deems necessary for the protection and promotion of health, safety and welfare of
the citizens. The Engineer shall place traffic control devices in necessary locations_
to effectuate the Council resolutions. No vehicle shall be driven through or around
any such traffic control devices except emergency vehicles and governmental
vehicles.
1400.17 Enforcement.
Subd. 1 Enforcing Officers. The Police Chief and all police officers of the City
the regulations and requirements of this
shall be responsible for enforcing all gu q �
Section.
1400 - 8
i
City of Edina Control of Traffic and Vehicles 1400.18
Subd. 2 Failure to Give Name and Address. Any person who, when arrested for
a violation of this Section, wilfully refuses to give such person's name or address,
or who gives a false name or address, shall be guilty of a violation of this Section,
regardless of the offense with which the person was originally charged.
Subd. 3 Parking Violations. Whenever a parked motor vehicle is found without
an operator and in violation of any parking restrictions of this Section, the police
officer shall enter on the traffic ticket the date and time, the license number of the
vehicle and data as to the nature of the violation, and shall affix the ticket
conspicuously to the vehicle.
1400.18 Parking Spaces for the Physically Disabled.
Subd. 1 Definitions. Unless the context clearly indicates otherwise, the following
words and terms as used in this Subsection shall have the stated meanings:
Identifying Certificate. Certificate or insignia issued to physically disabled
persons by the State Department of Public Safety pursuant to M.S. 169.345.
Physically Disabled Person. The definition in M.S. 169.345, Subd. 2.
Subd. 2 Designation and Signing of Parking Spaces.
A. Any person, corporation, organization, or governmental subdivision may
designate, and reserve for use by physically disabled persons, parking spaces
upon property owned or controlled by the party making such designation and
reservation.
B. Parking spaces hereafter designated and reserved for physically disabled
persons shall be not less than 12 feet in width and located as near as
practicable to the entrance of the building that is most easily usable by
physically disabled persons.
C. Designation and reservation of such parking spaces shall be made by the
posting of permanent, nonportable signs conforming to the requirements of
the manual on Uniform Traffic Control Devices for Streets and Highways as
adopted by the Minnesota Commissioner of Highways.
D. No person shall erect or cause to be erected signs designating and
reserving parking spaces for physically disabled persons unless the location,
number, and method of signing of such spaces is first approved by the
Building Official or Police Chief.
Subd. 3 Parking Restrictions.
1400 - 9
i
i
City of Edina Control of Traffic and Vehicles 1400.18
A. The provisions of this Subsection shall apply to all parking spaces
designated and reserved for physically disabled persons on both public and
private property and whether designated and reserved pursuant to applicable
provisions of this Code or State Law, or voluntarily done.
B. No person shall park a motor vehicle in parking spaces designated and
reserved for physically disabled persons unless:
1. That person is physically disabled or is operating a vehicle under
the direction and for the use of a physically disabled person; and
2. The vehiclehas displayed prominently upon it a duly issued and
�
valid identifying certificate.
Subd. 4 Penalty.
A. Any violation of this Subsection shall be a petty misdemeanor.
B. Any unoccupied vehicle found violating the provisions of this Subsection
may be removed and impounded pursuant to Section 1410 of this Code.
Subd. 5 Fire Lane Violations. Violations of Subsection 605.08 of this Code
relating to fire lanes shall be governed by and enforced pursuant to Subsection
100.09 of this Code.
History: Ord 1401 codified 1970;amended by 1401-Al 5-1-74, 1401A2 3-24-76, 1401-A3 5-12-
76, 1401-A4 11-24-76, 1401-A5 3-5-80, 1401-A6 8-5-81, 1401-A7 4-28-82, 613 5-16-90
Reference: M.S. Chapter 169, 168.090 through 169.092
Cross Reference: Sections 850, 1410; Subsections 100.09, 605.08
i
i
1400 - 10
TO: Gordon Hughes
FROM: W. Bernhjelm Q
SUBJECT: Reply to M. Halberg re dangerous dogs
We last looked at this issue in 1994 after we had 2 council hearings to declare
dogs potentially dangerous as was required by the code at that time. The code was
changed to make the potentially dangerous declaration an administrative action by the
animal control officer, and leave the dangerous declaration a council action.
Although it doesn't come up that often, it would make sense to me that the
dangerous classification could also be an administrative action,perhaps at your or my
level, with an appeal to the council available.
The major difference between the 2 actions is that the dangerous classification
imposes certain requirements-placarding, kennel and/or muzzling, insurance, county
registration, etc. with presumably some degree of financial impact on the dog owner.
Potentially dangerous is only a"put on notice"type of action.
I have checked with John Carlson, the Animal Control Officer, on this and he is in
agreement.
(�J, 2_ "
THOMSEN&YBECK, P.A.
ATTORNEYS AT LAW
3300 Edinborough Way, Suite No. 600
Minneapolis (Edina), MN 55435-5962
(612) 835-7000 • FAX: (612) 835-9450
GORDON V.JOFINSON MARSH J.HALBERG ROBERT D.LUCAS OF COUNSEL:
JOHN K.BOUQUET WILLIAM E.SJOHOLM DAVID J.M(GEE JACK W.CARLSON
MARK G.OHNSIiAD THOMAS R.KELLEY DENNIS M.PATRICK HELGE THOMSEN,Retired
DONALD D.SMITH JOHN E.RODE GRETCHEN S.SCI ELLH VS GLENN G.NYBECK.Retired
JADIES VAN VALKENBURG,Retired
February 12, 1999
Mr. Gordon Hughes
Edina City Manager
4801 West 500' Street
Edina, MN 555424
Dear Mr. Hughes:
In our recent phone discussion, I informed you of a recent Edina criminal case
involving a biting dog. This necessitated that I look at our city ordinance involving
dangerous dogs as it compares with the Minnesota state ordinance. The recent case was
against Ms. Lorna Livingston. Her dog, Lance, had bitten a house painter on an adjoining
property.
I am enclosing a copy of that complaint for your information. I am also enclosing
copies of animal bite reports from Officer Carlson showing that the dog, Lance, a German
Shepherd, had also bitten a person on January 14, 1997, while the dog was off its leash,
and again on March 11, 1997, while the dog was on a leash being walked by the owner.
Ms. Livingston informed me that the first two incidents involved a time when she
was taking the dog on her delivery route with her, and that she no longer has the dog
accompany her. She said that the dog is kept in the house and only goes out in the back
of her yard when the dog is taken out to go to the bathroom. As such, she felt that this
most recent incident was a very unusual set of facts with a painter working next door. My
concern, however, was that we had a dog that had bitten three times within two years. If
we were not to take action, what would happen if there was a fourth bite and someone was
seriously injured.
In reviewing Edina City Ordinance 300.17, subdivision 6, you will note that we have
incorporated the Minnesota dangerous dog statutes which state that a violation of that
statute is also a violation of Edina City Code. However, our ordinance goes on under
subdivision C to state that no dog shall be declared a dangerous dog under Minnesota
Statute except by the Council after a public hearing.
Mr. Gordon Hughes
February 12, 1999
Page 2
1 entered a negotiation with Ms. Livingston in which she pled guilty to maintaining
a public nuisance (the dog). Jail time was stayed upon the condition that Mr. Livingston
stipulate the dog was a "dangerous dog"and that she comply with the dangerous dog state
requirements. Had Ms. Livingston not accepted the proposed plea negotiation in which
she stipulated to the requirements for a dangerous dog, we would have been prevented
from taking action with the dog without having a council determination.
My question for you and the Council is whether this determination of a "dangerous
dog" by the Council is a process which the Council wishes to keep in place. At your
convenience, please advise me of whether you wish to modify our city ordinance to delete
or modify the additional requirement for an independent finding by the Council.
Very truly yours,
Marsh J.�alberg ,
Prosecuting Attorney
City of Edina
MJH/saf
Enclosures
cc: Mr. Jerry Gilligan (w/encs.)
Mr. John Carlson, Animal Control (w/encs.)