HomeMy WebLinkAbout2002-02 Supplement Old Pages Memorandum
Date: 12/24/02
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement 2002-02
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 2002. Please replace the
following pages as noted:
Table of Contents -Remove and replace entire table of contents
Section 185-Remove all of Schedule"A"and replace with the attached,amended by
Ordinances No 2002-8 showing new fees and charges for 2003
Section 850—Replace entire Section 850,amended by Ordinance 2002-6 adding
Temporary Retail of Evergreen Products to the Single Unit Dwelling Districts 850.11,
Ordinance No.2002-6
Section 1061 —New Section 1061 replaces old Section 1060 Juvenile Curfew
Ordinance No.2002-7
Section 1350 -. Replace Section 1350 amended by Ordinance No.2002-9
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 801 -Heritage Preservation
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 j
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 Euina General Code Provisions and Admimbi, .33.0 1 _... .
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 $19.00 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 $27.00 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 dog 21a
Subd. 3 (Late Charge After March 1)
300 300.03, Duplicate Dog License Tag $6.00 per duplicate tag 22
Subd.4
300 300.04, Commercial Kennel License $55.00 per year 23
Subd. 2
300 300.15 Permit For Extra Dogs Or Cats $100.00 24
405 405.01 Landscaping, Screening,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 1/1/02)Supplement 2002-1
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 fust$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 plus 37
$2.75 for each additional$1,000.00 or
fraction thereof
* plus surcharge pursuant to M.S. 1613.70
Plan Review 65%of Permit Fee 37a
410 410.02, Re-Inspection Fee Assessed Under $42.00 per hour or the total hourly cost to City,whichever is greatest. 38
Subd. 1 Provisions Of UBC,Section 108.8 (includes supervision,overhead,equipment,hourly wages and fringe benefits
of employees involved.)
410 410.02, Building Code Compliance Inspection $150.00 Residential 39
Subd. 1 $320.00 Commercial 40
410 410.02, Residential Building Contractor, $5.00 surcharge pursuant to M.S.326.86 41
Subd.3 Remodeler Or Specialty Contractor
License Verification
415 415.02 Permit For Moving Of Building $212.00 45
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
19 ivg 1/11021 Sump t 2002-1
City of Eulna _. ..,..s :..4 ..0ALIWA LOO.V k -Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
421 421.04 R-O-W Excavation Permit Administrative $70.00 50a
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 $5.00 per 100 L.Ft. 50e
-Open Trenching(Plus Minimum Permit
Fee)
Overhead Utility/Telecom Installation $5.00 per 100 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 Heating;Mechanical
Warm 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,Mechanical Residential-$22.00 plus surcharge pursuant to M.S. 1613.70 60
Warm Air Heating And Air Conditioning Commercial-$27.00 plus surcharge pursuant to M.S. 16B.70 61
Or Refrigeration Permit Fee Calculations:
so-$1,000 *$16.00 plus 3.10%>$500.00 62
$1,001 -$5,000 *$31.50 plus 2.60%>$1,000.00 63
$5,001 -$10,000 *$135.50 plus 2.15%>$5,000.00 64
$10,001 -$25,000 *$243.00 plus 1.85%>$10,000.00 65
$25,001 -$50,000 *$520.50 plus 1.65%>$25,000.00 66
$50,001 and over *$933.00 plus 1.30%>$50,000.00 67
*Plus surcharge pursuant to M.S. 16B.70
440 440.04 Plumbing or Water Conditioning Permit Minimum Fee 75
Residential-per Fee Calculations
Commercial-$27.00 plus surcharge pursuant to M.S. 16B.70
Fee Calculations:
$0-$300 *$15
$301 -$700 *$15 plus 1.75%>$300
$701 -$1,000 *$22.00 plus 3.10%>$700.
$1,001 -$5,000 *$31.50 plus 2.60%>$1,000.00
$5,001 -$10,000 *$135.50 plus 2.15%>$5,000.00
185-4 (Effective 1/l/02)Supplement 2002-1
City of Edina General Code Provisions and Administration 185.01—Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
$10,001 -$25,000 *$243.00 plus 1.85%>$10,000.00
$25,001 -$50,000 *$520.50 plus 1.65%>$25,000.00
$50,001 and over *$933.00 plus 1.30%>$50,000.00
*Plus surcharge pursuant to M.S. 1613.70
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 $415.00 per year for each enclosed pool(partial or all of the year) 81
Subd.4 License $220.00 per year for each outdoor pool 82
450 450.27, Public Or Semi-Public Whirlpool Bath Or $120.00 per year for each bath or pool 83
Subd.4 Therapeutic Swimming Pool License
460 460.06, Sign Permit $75.00 85
Subd. l
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-$100.00
Class II: Special hazard inspection involving various hazardous materials 97
and/or processes in occupancies of buildings less than 3000 sq. ft.in area-
$150.00
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.-$250.00
605 605.07 General Fire Safety inspection Fee $42.00 99
Assessed Under Provisions of UFC,
Section 105.8
if (Effective 1/1/02)Supp t 2002-1
City of Edina General Cotte vi a vibiwis and Adn WI.b latlun 163.ui -aciledtiie 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 $80.00 105
Cooking Ventilation System
25 625.03 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 *$350.00 for first 200+$1.25 for each
additional head
*plus surcharge pursuant to M.S. 16B.70
625 625.03 Fire Pump Installation And Associated $100.00 118
Hardware
Standpipe Installation $100.00 119
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
716 716.02 Recycling Service: Single Family $5.19 per quarter 131
Double Bungalow $5.19 per quarter 132
Apartments/Condos(2-8 units) $3.87 per quarter 133
721 721.03 Subd 1 Food establishment High risk food $490.00 135
Medium risk food $315.00 136
Low risk food $85.00 137
Base fee $105.00 138
Beer or wine table service $50.00 139
Alcohol bar service $100.00 140
Food vehicle $125.00 141
Additional facility $105.00 142
Pushcart $185.00 143
Itinerant food $105.00 144
Food vending machine $15.00 145
185-6 (Effective 1/1/02)Supplement 2002-1
City of Edina General Code Provisions and Administration 185.01 —Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
721 721.03 Subd 1 Restaurant Plan Review Fee 100%of Risk Category Fee 146
721 721.03 Subd 1 Restaurant Plan Review Fee for 50%of Risk Category Fee 147
Remodeling
Minimum Restaurant Plan Review Fee $75.00 148
735 735.03 Lodging establishment $1.00/room 153
Supervised group home $35.00 154
Boarding and lodging house license $85.00 155
740 740.04 Multiple Dwelling Parking Garage $40.00 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
$500.00+$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 Subsection 410.02 Subd 1 above) 165
Permits
820 820.01 Filing of application for vacation of street, $330.00 170
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)
830 830.05 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
51-100 spaces $150.00 182
100-200 spaces $250.00 183
Over 200 spaces $400.00 184
18 (Effective 1/1/02)Supp 2002-1
City of Edina
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
850 850.04, Variance Fee Residential $175.00 190
Subd. 1 C. Commercial $300.00 191
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 $900.00 194
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. $600.00 deposit with application submission
Additional deposits of$600.00 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. 1D.
850 850.04, Final Development Plan Application Fee $600.00 199
Subd. 6
900 900.07, Liquor License Fees(Per Year)
Subd. 1 On-Sale Club License $650.00 205
On-Sale Intoxicating License $8,240.00 Restaurants Only 206
Off-Sale 3.2 Malt Liquor(New) $515.00 207
Off-Sale 3.2 Malt Liquor(Renewal) $515.00 208
On-Sale 3.2 Malt Liquor(New) $515.00 209
On-Sale 3.2 Malt Liquor(Renewal) $515.00 210
Wine On-Sale $2,000.00 Restaurants Only 211
Temporary On-Sale Intoxicating $50.00 Per Day Maximum of 3 days allowed by MS 216
Temporary On-Sale 3.2%Malt Liquor $63.00 Per Event 217
Sunday On-Sale License $200.00 Restaurants Only
1020 1020 False Automatic Alarm $110.00 for the third and each subsequent response within one calendar year 220
1040 1040.08 Loudspeaker Permit $17.00 225
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 $30.24 per quarter 235
235
Houses,Two-Family Dwellings, From 1601 cubic feet&over $1.89 per 100 cubic feet
Apartment Building Containing Four Or
Less Dwelling Units:
185-8 (Effective 1/1/02)Supplement 2002-1
City of Edina General Code Provisions and Administration 185.01 —Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1100 1100.03 Apartment Buildings With More Than $26.00 per quarter for each unit over four,or$1.89 per 100 cubic feet of water 237
Subd. 2 Four Dwelling Units 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 $1.89 per 100 cubic feet of 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. $0.70 per 100 cubic feet for areas of City,except as described in#2 242
Subd.2 below.
2. $2.08 per 100 cubic feet-Morningside area and for east side of Beard 243
Av.from West 50 St.to Fuller St. and both sides of Abbott Pl. from
West 54"'St.to Beard Av.
3. Excessive Use Charge $0.23 per 100 cubic feet 244
Meter Charge: Up to'/4 Inch Meter $8.57 per quarter 245
1 Inch Meter $11.65 per quarter
1 '/4 Inch Meter $13.30 per quarter
1 '/Z Inch Meter $14.96 per quarter
2 Inch Meter $24.10 per quarter
3 Inch Meter $91.48 per quarter
4 Inch Meter $116.44 per quarter
Flat Annual Charges As Follows: $2,500.00-Park Department for water used for sprinkling and skating rinks 246
$1,050.00-Street Department for water used for flushing street 247
1105 1105.01, Service Availability Charge(SAC) $1,200.00 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 $6.00 per quarter pursuant to formula in Subsection 1110.03 255
Subd. 1
1205 1205.01 Curb Cut Permit $35.00 260
1230 1230.07 Sidewalk Cafe Permit $579.00 261
18 (Effective 1/1/02)Supp 2002-1
City of Edina General t_udc i iii-vi..was anu Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1235 1235.03, Parking Permit $3.75er month pro-rated 265
Subd. 2 Refund Parking Permit-Sticker Must Be $3.75er month pro-rated 266
Returned
1300 1300.02, Refuse or Recycling Hauler's License $275.00 per year for 1"vehicle 270
Subd. 1 $85.00 per year for each additional vehicle
1325 1325.03 Tobacco Sale License $300.00 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
1341 1341.05, Investigation Fee-Business License $1,500.00 288
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 1/1/02)Supplement 2002-1
City of Edina Land Use, Platting and Zoning 850.01
Section 850 - Zoning
850.01 Findings,Purpose and Objectives 850.08 Parking and Circulation
850.02 Short Title 850.09 Loading Facilities
850.03 Rules of Construction, Interpretation, 850.10 Landscaping and Screening
Severability,Definitions 850.11 Single Dwelling Unit District(R-1)
850.04Administration and Procedures for Variances, 850.12 Double Dwelling Unit District(R-2)
Rezoning, Transfer to Planned Districts, 850.13 Planned Residence District(PRD,PSR)
Conditional Use Permits, Temporary 850.14 Mixed Development District(MDD)
Conditional Use Permits 850.15 Planned Office District(POD)
850.05Districts 850.16 Planned Commercial District(PCD)
850.06 District Boundaries 850.17 Planned Industrial District(PID)
850.07 General Requirements Applicable to all Districts 850.18 Regional Medical District(RMD)
Except as Otherwise Stated, Storage of Refuse, 850.19 Automobile Parking District(APD)
Home Occupations, Fences, Setbacks, Building 850.20 Heritage Preservation Overlay District(HPD)
Coverage 850.21 Floodplain Overlay District(FD)
850.01 Findings, Purpose and Objectives. The Council finds that Edina has emerged from an
era exemplified by unparalleled growth and development and has entered a period of stability, reuse
and redevelopment; that some of the standards and regulations which guided initial development of
the City are not appropriate for guiding future development and redevelopment; and that standards
and regulations for guiding future development and redevelopment should be based upon the stated
goals, objectives and policies of the Comprehensive Plan of this City, as from time to time
amended, which constitutes the City's statement of philosophy concerning the use of land within its
jurisdiction. Through the enactment of this Section, the Council intends to implement this statement
of philosophy so as to provide for the orderly and planned development and redevelopment of lands
and waters in Edina, to maintain an attractive living and working environment in Edina, to preserve
and enhance the high quality residential character of Edina and to promote the public health, safety
and general welfare.
Specifically, this Section is intended to implement the following objectives, some of which are
contained in the Comprehensive Plan:
Maintain, protect and enhance single family detached dwelling neighborhoods as the
dominant land use.
Encourage orderly development of multi-family housing that offers a wide range of housing
choice, density and location while maintaining the overall high quality of residential
development.
Control the use, development and expansion of certain non-residential uses in the Single
Dwelling Unit District in order to reduce or eliminate undesirable impacts of such non-
residential uses.
Encourage a more creative and imaginative approach to the development of multi-family
developments.
Provide an enjoyable living environment by preserving existing topography, vegetation,
streams, water bodies and other natural land and water forms.
Encourage mixed use developments which:
850-1 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.01
A. Provide housing
in 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
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
850-2 Supplement 2001-1
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i
City of Edina Land Use, Platting and Zoning 850.03
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.
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
850-3 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.03
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.
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
8504 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.03
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
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
850-5 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.03
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 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
850-6 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.03
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 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
850-7 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.03
freestanding, or as a part of the principal building if the deck is attached to the
principal building.
District. A geographic area or areas of the City sharing the same zoning classification
for which this Section establishes restrictions and requirements. A district may be
divided into subdistricts.
Drive-In. A principal or accessory use which sells or serves products or merchandise
to customers waiting in vehicles who then consume or use the product or merchandise
within the vehicle while on the lot occupied by the principal or accessory use.
Drive-Through Facility. An accessory use which provides goods or services to
customers waiting in vehicles who then leave the lot to consume or utilize any goods
which may have been received. Employees of the principal use shall not leave the
confines of the principal or accessory building to dispense said goods or services.
Dwelling Unit. One or more rooms connected together, but which is or are separated
from all other rooms in the same building, which room constitutes, or rooms
constitute, a separate, independent unit with facilities for cooking, sleeping and
eating, and used for residential occupancy. A room or rooms shall be deemed to be a
dwelling unit if it contains or they contain facilities for cooking, sleeping and eating,
if it or they can be separated from all other rooms in the same building, if access can
be gained without entering or passing through any living space of another dwelling
unit, and if it is or they are used for residential occupancy.
Efficiency Apartment. A dwelling unit consisting of one room exclusive of
bathroom, kitchen,hallway, closets or dining alcove directly adjoining the one room.
Efficiency Dwelling Unit. See Efficiency Apartment.
Floor Area Ratio (FAR). Gross floor area divided by lot area.
Frontage. That portion of a lot line which coincides with the right-of-way line of a
street.
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
850-8 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.03
(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
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.
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City of Edina Land Use,Platting and Zoning 850.03
Lot Line- Side. Any boundary of a lot which is not a front or rear lot line. j
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.
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
850-10 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.03
for use as outdoor living space and is not enclosed by solid or non-solid walls or a
roof. Enclosures or covered areas such as gazebos, breezeways and porches which
may be integral to a patio will be considered, for setback purposes, as accessory
buildings if the patio is freestanding or is part of the principal building, if the patio is
contiguous with the principal building.
Principal Building. A building which is used for principal uses including enclosed
seasonal living areas such as porches and breezeways which are attached to the
principal building.
Residential Building. A building used for residential purposes or residential
occupancy.
Residential Occupancy. The use of a room or rooms for housekeeping purposes by
the owner of the property, or by a lessee or occupant, for periods of 30 days or more
for a rental fee, or other compensation, or pursuant to other arrangements with the
owner.
Residential Use. See Residential Occupancy.
Rest Home. See Convalescent Home.
Senior Citizen Dwelling Unit. (i) A one bedroom dwelling unit within an apartment
building with a kitchen, bathroom, living and storage space, of not less than 550
square feet nor more than 650 square feet, and specifically designed for occupancy by
a single individual 62 years of age or over, or two individuals, one of whom is 62
years of age or over; (ii) A one bedroom dwelling unit within an apartment building
with a kitchen, bathroom, living and storage space, of not less than 550 square feet
nor more than 700 square feet, and specifically designed for occupancy by a
handicapped individual; or (iii) A two bedroom dwelling unit within an apartment
building with a kitchen, bathroom, living and storage space, of not less than 750
square feet nor more than 850 square feet, and specifically designed 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
850-11 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.03
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
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
850-12 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.03
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 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
850-13 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
line. Some accessory buildings may be placed in the rear yard.
Yard - Side. An open, unoccupied space on the same lot as a building, which lies
between the building and the side lot line, and extends from the front lot line to the
rear lot line. Some accessory buildings may be placed in the side yard.
Year. A period of 365 consecutive days.
850.04 Administration and Procedures for Variances, Rezoning, Transfer to Planned
Districts and Conditional Use Permits.
Subd. 1 Variances and Appeals.
A. Zoning Board of Appeals. There is continued a separate Zoning Board of Appeals
of the City. The Zoning Board of Appeals is the board of appeals and adjustments
created pursuant to M.S. 462.354, Subd. 2. All members of the Commission, from
time to time, shall be members, and the other members shall be six residents of the
City appointed for a term of three years by the Mayor with the consent of a majority
of the members of the Council. For hearings, the Board shall consist, at a maximum,
of any five members, but three members shall constitute a quorum for conducting
such hearings and making decisions. However, at least one Commission member shall
be in attendance at each Board meeting, and shall be deemed to be the representative
of the Commission for purposes of review and report by the Commission as required
by M.S. 462.354, Subd. 2. The Board shall make no decision until the Commission,
or a representative of it, has had reasonable opportunity, not to exceed 60 days, to
review and report to the Board concerning the decision. All members shall serve
without compensation. Members may resign voluntarily or be removed by a majority
vote of the Council or pursuant to Section 180 of this Code. That Commission
member in attendance at a meeting who has the 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
850-14 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
Code.
C. Petitions for Variances. The owner or owners of land to which the variance relates
may file a petition for a variance with the Planning Department. The petition shall be
made on forms provided by the Planning Department and shall be accompanied by the
fee set forth in Section 185 of this Code. The petition shall be accompanied by plans
and drawings to scale which clearly illustrate, to the satisfaction of the Planner, the
improvements to be made if the variance is granted. The Planner may require the
petitioner to submit a certificate by a registered professional land surveyor verifying
the location of all buildings, setbacks and building coverage, and certifying other facts
that in the opinion of the Planner are necessary for evaluation of the petition.
D. Appeals of Administrative Decisions. A person who deems himself or herself
aggrieved by an alleged error in any order, requirement, decision or determination
made by an administrative officer in the interpretation and enforcement of this
Section, may appeal to the Board by filing a written appeal with the Planning
Department within 30 days after the date of such order, requirement, decision or
determination. The appeal shall fully state the order to be appealed and the relevant
facts of the matter.
E. Hearing and Decision by the Board; Notice.
1. Within 60 days after the Planner determines that a variance petition is
complete, and all required fees and information, including plans, drawings and
surveys, have been received, or within 60 days after the filing of an appeal of 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
850-15 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
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
e. any administrative officer of the City.
2. 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.
850-16 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.04
K. Lapse of Variance By Non-User, Extension of Time.
1. If, within one year after the date of the meeting of the Board, or the Council
on appeal, at which the variance was granted, the owner or occupant of the
affected land shall not have obtained a building permit, if one is required, and
commenced the work or improvement described in such petition, the variance
shall become null and void unless a petition for extension of time in which to
commence the proposed work or improvement has been granted.
2. A petition for extension shall be in writing and filed with the Clerk within
such one year period. The petition for extension shall state facts showing a good
faith attempt to use the variance and shall state the additional time requested to
begin the proposed work or improvement. The petition shall be presented to the
Board for hearing, findings and decision in the same manner as then required by
this Section 850 for an original petition for variance. The Board may grant an
extension of the variance for up to one year upon finding that a good faith
attempt to use the variance has been made, that there is a 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
850-17 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
hold any hearings on the petition until the sign has been erected as required and for at
least ten days preceding the hearing. The sign shall be kept in good repair and shall be
maintained in place until a final decision on the petition has been made by the
Council, and shall be removed by the petitioner within five days after the final
decision. The failure of any petitioner to comply fully with the provisions of this
paragraph relating to the sign shall not prevent the Commission and Council from
acting on the petition nor invalidate any rezoning granted by the Council. If the signs
are not kept in good repair or removed as required, then the signs shall be deemed a
nuisance and may be abated by the City by proceedings under M.S. 429, or any other
then applicable provisions of this Code or State Law, and the cost of abatement,
including administrative expenses and attorneys' fees, may be levied as a special
assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned 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.
850-18 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.04
3. Council Hearings and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and recommendation by
the Commission, the Council shall conduct a public hearing regarding the
petition and Preliminary Development Plan. The hearing shall be held not later
than 60 days after the date of the recommendation by the Commission. A notice
of the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of the
tract to which the petition relates insofar as the 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 three-fifths of all members of the Council shall be required to grant
preliminary rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. 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
850-19 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
sewers, together with dimensions and locations of all existing and
proposed public and private easements; and
f. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with this Section and other applicable
provisions of this Code.
5. Commission Review of Final Development Plan. The Final Development
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. An affirmative vote of
three-fifths of all members of the Council shall be required to grant final
rezoning approval. Provided, however, a rezoning from any residential zoning
district to any nonresidential zoning district shall require an affirmative vote of
four-fifths 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
850-20 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
fulfilled by the Final Development Plan, must be fulfilled and met, to the
satisfaction of the Planner, before the final approval becomes effective.
Approval of the Final Development Plan shall also constitute final rezoning of
the tract included in the plans, and the publication of the ordinance amendment
effecting the zoning change shall thereby be authorized, but no publication shall
be done until any modifications and conditions made by the Council have been
met and fulfilled to the satisfaction of the Planner.
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
850-21 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.04
original application. The Council may grant an extension of up to one year
upon finding that:
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.
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and recommendation by
850-22 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
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 three-fifths of all members of the
Council shall be required to grant preliminary rezoning approval. Provided,
however, a rezoning from any residential zoning district to any nonresidential
zoning district shall require an affirmative vote of four-fifths of all members of
the Council. 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. 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.
850-23 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
5. 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;
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;
850-24 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.04
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed improvements,
existing structures, open space and natural features.
The Commission's recommendation of approval shall be deemed to include a
favorable finding on each of the foregoing matters even if not specifically set out
in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Overall Rezoning. Within 60 days after the
recommendation on the Overall Development Plan by the Commission, the
Council shall conduct a public hearing on the Overall Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons, the
Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Overall Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council. Approval may
be made subject to modifications and conditions which, together with the
Council's modifications and conditions at the time of preliminary rezoning
approval and not done and fulfilled by the Overall Development Plan, must be
fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective.
Approval of the Overall Development Plan shall also constitute final rezoning of
the tract included in the plans. The publication of the amendment effecting the
zoning change shall thereby be authorized, but no final rezoning or publication
shall be effective or done until the modifications and conditions, if any, made by
the Council have been met and fulfilled to the satisfaction of the Planner.
7. Exceptions From Requirements. The Council may authorize exceptions from
otherwise applicable requirements in the proposed district in connection with
and at the same time as Final Site Plan approval or Overall Rezoning approval.
8. Filing. The approved Overall Development Plan and approved Final Site
Plan shall be filed in the Planning Department.
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:
850-25 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
a. the exact location and elevation drawings of all existing and
proposed structures in the proposed phase including a description of
existing and proposed exterior building materials;
b. a landscape plan and schedule in accordance with Subsection
850.10;
c. the locations, dimensions and design features of all proposed streets,
driveways, vehicular entrances and exits, driveway intersections with
streets, parking areas, loading areas, maneuvering areas and sidewalks,
together with dimensions and locations of all existing and proposed
public and private easements;
d. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements;
e. any other information necessary, in the opinion of the Planner, to
evaluate the plans and ensure compliance with requirements of this
Section and other applicable sections of this Code; and
f. demonstrate that the Final Site Plan shall be consistent with the
Overall Development Plan as approved and modified by the Council
and containing the conditions imposed by the Council to the extent such
conditions can be complied with by the Final Site Plans.
10. Development. The development of the tract shall be done and accomplished
in full compliance with the approved Final Site Plan, as modified by, and with
the conditions made by, the Council, and in full compliance with this Section
and other applicable provisions of this Code. Applications for building permits
shall be reviewed by the Planner prior to issuance of such permits to determine
if they conform to the provisions of this Section, the approved Final Site Plan, as
modified by, and with the conditions 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
850-26 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
petition, in form and substance acceptable to the Planner, and required fee, the
Planner will review the petition and forward a report to the Commission. The
Commission shall review the report of the Planner and send its recommendation
to the Council.
2. Council Hearing and Decision; Preliminary Rezoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public hearing
regarding the petition. The hearing shall be held not later than 60 days after the
date of the recommendation by the Commission. A notice of the date, time,
place and purpose of the hearing shall be published in the official newspaper of
the City at least ten days prior to the date of the hearing. A similar notice of
hearing shall be mailed at least ten days before the date of the hearing to each
owner of property situated wholly or partly within 500 feet of the tract to which
the petition relates, insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the Assessor.
After hearing the oral and written views of all interested persons, the Council
shall make its decision at the same meeting or at a specified future date. No new
notice need be given for hearings which are continued to a specified future date.
An affirmative vote of three-fifths of all members of the Council shall be
required to grant preliminary rezoning approval. Provided, however, a rezoning
from any residential zoning district to any nonresidential zoning district shall
require an affirmative vote of four-fifths of all members of the Council. 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. An affirmative
vote of three-fifths of all members of the Council shall be required to grant final
rezoning approval. Provided, however, a rezoning from any residential zoning
district to any nonresidential zoning district shall require an affirmative vote of
four-fifths of all members of the Council. 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
850-27 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
new petition for a period of one year following the date of such denial for transferring
the same tract, or any part, to the same district or subdistrict (if the district has been
divided into subdistricts) to which such transfer was previously denied. Provided,
however, that such petition may be filed if so directed by the Council on a three-fifths
favorable vote of all members of the Council after presentation to the Council of
evidence of a change of facts or circumstances affecting the tract.
H. Lapse of Rezoning by Non-User. If a building permit (if one is required) has not
been obtained, and if the erection or alteration of a building, as described in the
petition, has not begun, within two years after final rezoning approval of the tract by
the Council, then the Commission, at any time and until the building permit is
obtained and the erection or alteration begun, may review the zoning classification of
the tract to determine if it continues to conform with the Comprehensive Plan. Based
upon the review, the Commission may recommend to the Council that the final
rezoning approval of the tract as previously granted be rescinded and become null and
void, or that the tract be transferred to a different zoning district. The recom-
mendation 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
850-28 Supplement 2001-1 j
i
City of Edina Land Use, Platting and Zoning 850.04
comply with all other provisions of this Section; provided that only three-fifths
favorable vote of the Council shall be required to grant Final Development Plan
approval. The requirements of this paragraph are in addition to those in Subd. 20
of Subsection 850.07 relating to non-conforming uses,buildings and lots.
B. Unimproved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District,which, on March 7, 1984, was not
improved with a building or buildings shall be required, notwithstanding the transfer
to such district by this Section, in connection with any improvement of the lot, to
comply with and complete the process for Final Development Plan approval
established by subparagraphs 4 through 10 of paragraph C. of Subd. 2 of this
Subsection 850.04, and shall conform to and comply with all other provisions of this
Section, provided that only three-fifths favorable vote of the Council shall be required
to grant Final Development Plan approval.
Subd. 4 Conditional Use Permits.
A. Initiation of Conditional Use Permit.
An application for a conditional use permit may be initiated by the owner or
owners of the lot or building in question.
1. The application shall be on forms provided by the Planner and shall be
submitted with required plans, data and information, and such other information
as, in the opinion of the Planner, is necessary for evaluation of the application.
The application shall be accompanied by the fee set forth in Section 185 of this
Code.
B. Sign. All provisions and requirements in this Subsection relating to erection of a
sign in connection with a rezoning of property shall apply to the applicant for a
conditional use permit, and the applicant shall comply with all such provisions and
requirements, except that the sign shall state that a conditional use permit is proposed
for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or accessory
use that requires the construction of a new building or accessory use facilities, or
additions or enlargements to an existing building or accessory use facilities, the
application shall be drawn to a scale acceptable to the Planner, and be
accompanied by plans containing the following data and information:
a. elevation drawings of all new buildings or accessory use facilities,
or additions and enlargements to existing buildings or accessory use
facilities, including a description of existing and proposed exterior
building materials;
b. the location, dimensions and other pertinent information as to all
850-29 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.04
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 official
newspaper of the City at least ten days prior to the date of the hearing. A similar
notice of hearing shall be mailed at least ten days before the date of the hearing to
each owner of property situated wholly or partly within 500 feet of the tract to which
the application relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the Assessor.
After hearing the oral and written views of all interested persons, the Council shall
850-30 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
make its decision at the same meeting or at a specified future date. No new notice
need be given for hearings which are continued to a specified future date. The Council
shall not grant a conditional use permit unless it finds that the establishment,
maintenance and operation of the use:
1. Will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals and general welfare;
2. Will not cause undue traffic hazards, congestion or parking shortages;
3. Will not be injurious to the use and enjoyment, or decrease the value, of
other property in the vicinity, and will not be a nuisance;
4. Will not impede the normal and orderly development and improvement of
other property in the vicinity;
5. Will not create an excessive burden on parks, streets and other public
facilities;
6. Conforms to the applicable restrictions and special conditions of the district
in which it is located as imposed by this Section; and
7. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of all
members of the Council. A favorable vote by the Council shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set out in
the approval resolution or the minutes of the Council meeting.
F. Conditions and Restrictions. The Commission may recommend that the Council
impose, and the Council with or without such recommendation may impose,
conditions and restrictions upon the establishment, location, construction,
maintenance, operation or duration of the use as deemed necessary for the protection
of the public interest and adjacent properties, to ensure compliance with the
requirements of this Section and other applicable provisions of this Code, and to
ensure consistency with the Comprehensive Plan. The Council may require such
evidence and guarantees as it may deem necessary to secure compliance with any
conditions imposed. No use shall be established or maintained, and no building or
other permit for establishing or maintaining such use shall be granted, until the
applicant has met and fulfilled all conditions imposed by the Council to the
satisfaction of the Planner.
G. Expansions of Conditional Uses. No use allowed by conditional use permit, or any
building or structure accessory thereto, shall be increased in gross floor area or height,
nor shall any off-street parking facilities accessory to the building or structure be
enlarged in surface area to accommodate additional automobiles, without first
obtaining, in each instance, a conditional use permit.
850-31 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
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.
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 custom ' home
occupations in their residence by means of such variances from the conditions
850-32 Supplement 2001-1
i
City of Edina Land Use,Platting and Zoning 850.04
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;
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.
850-33 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.04
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
effect, if not earlier terminated under other provisions of this Section, only so
long as the following conditions are observed and complied with:
a. that the applicant occupy the dwelling unit described in the permit,
and then only so long as such applicant is physically unable to be
employed full time outside of the applicant's residence;
b. that the findings made by the Council as set forth in paragraph E. of
Subd. 4 of this Subsection 850.04 continue without change or violation;
and
c. that the conditions of paragraph A. of Subd. 4 of Subsection 850.07,
as varied by variances granted by the Council, are not violated.
E. Duration and Review of Permits.
850-34 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
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 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
850-35 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.04
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.
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
850-36 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.06
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.
3. The Council, upon receipt of the report, shall set a hearing date, and notice
shall be given to the owner and occupant at least ten days prior to the hearing.
4. After receiving the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future date.
5. If the hearing is continued to a specified future date, no new notice need be
given. If such permit is revoked by the Council, all use, activity and rights
allowed by and attributable to such permit shall immediately cease.
850.05 Districts. For the purposes of this Section, the City shall be divided into the following
zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District (PRD and PSR)
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
850.06 District Boundaries. The boundaries of all such districts except the Floodplain Overlay
District, shall be as shown in the official Zoning Map entitled "Official Zoning Map", a composite
copy of, which reduced in size, is appended to this Code. The Official Zoning Map, with all
explanatory information, is adopted by reference and declared to be a part of this Code. The
boundaries shown on the Official Zoning Map may be changed by amendment to this Section. 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
850-37 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.07
in Subsection 850.21, as such map is to be interpreted and used as provided in Subsection 850.21.
850.07 General Requirements Applicable to all Districts Except as Otherwise Stated.
Subd. 1 General. No building or structure shall be erected, constructed or placed on any
property in the City, and no building or structure or property in the City shall be used for any
purpose, unless in full compliance with the restrictions and requirements of this Section and
other applicable provisions of this Code.
Subd. 2 Storage of Refuse.
A. All Properties Except Single Dwelling Unit and Double Dwelling Unit Buildings.
All refuse, as defined in Section 705 of this Code, or similar material shall be kept
within closed containers designed for such purpose. The containers shall not be
located in the front yard and shall be completely screened from view from all lot lines
and streets.
B. All Non-Residential Properties Within the 50th and France Commercial District.
No non-residential building within the 50th and France Planned Commercial District
shall be (i) added to or enlarged in any manner; or (ii) subjected to an alteration
whereby the use of any portion of a building is converted to a restaurant without first
providing sufficient areas for the storage of refuse and servicing of refuse containers.
Areas for the storage of refuse and servicing of refuse containers which existed as of
the effective date of this Code shall not be eliminated or reduced in size.
C. Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as defined
in Section 705 of this Code, or similar materials shall be kept within closed containers
designed for such purpose. Such containers shall not be located in the front yard and
shall not be visible from the front lot line except as allowed by Section 705 of this
Code.
Subd. 3 Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings,
Trailers and Recreational Vehicles. No accessory building, temporary building, trailer or
recreational vehicle in any district shall be used in whole or in part for a dwelling unit or
units, except for accessory buildings which are specifically allowed for residential use by
this Section.
Subd. 4 Customary Home Occupations as an Accessory Use.
A. Customary home occupations which are permitted as an accessory use by this
Section shall comply with the following conditions:
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.
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City of Edina Land Use, Platting and Zoning 850.07
3. No loading, unloading, outdoor storage of equipment or materials, or other
outdoor activities, except parking of automobiles shall occur.
4. No signs of any kind shall be used to identify the use.
5. All parking demands generated by the use shall be accommodated within the
accessory garage and the normal driveway area and shall not at any one time
occupy more than two parking spaces in parking areas required for multiple
residential buildings.
6. No more than ten automobile trips weekly by individuals other than the
residents of the dwelling unit shall be generated to the dwelling unit as a result
of the use.
7. No sale of products or merchandise shall occur on the lot or within any
structures or buildings on the lot.
B. Permitted customary home occupations include the following and similar
occupations if, and only during such times as, they comply with all of the conditions
of paragraph A. of this Subd. 4:
1. Dressmakers, tailors and seamstresses.
2. In single dwelling unit and double dwelling unit buildings only, music and
dance teachers providing instruction to not more than five individuals at a time.
3. Artists, sculptors and authors.
4. Insurance agents, brokers, architects and similar professionals who typically
conduct client meetings outside of the dwelling unit.
5. Ministers,rabbis and priests.
6. Photographers providing service to one customer at a time.
7. Salespersons, provided that no stock in trade is maintained on the lot or in
the building or structure on the lot.
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.
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City of Edina Land Use, Platting and Zoning 850.07
2. Repair services of all kinds, including, without limitation, auto repair and
painting, appliance repair and small engine repair.
3. Music, dance or exercise instruction which provides instruction to groups of
more than five individuals at a time.
4. Medical and dental offices.
5. Upholstering.
6. Mortuaries.
7. Commercial kennels as defined by Subsection 300.01 of the City Code.
8. Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies.
9. Commercial food preparation or catering.
10. Automobile and equipment sales.
11. Landscaping and lawn maintenance service where landscaping materials and
equipment are stored or parked on the premises.
D. Permitted customary home occupations by residents who are physically unable to
be employed full time outside their residence may be allowed as a temporary
conditional use, with variances from the conditions of paragraph A. of Subd. 4 of this
Subsection 850.07,pursuant to the provisions of Subd. 5 of Subsection 850.04.
Subd. 5 Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District and R-2
District shall conform to the following:
A. Fences exceeding four feet in height shall not be erected within a required front
street setback or side street setback, pursuant to the provisions of paragraph 2. of
Subd. 7 of Subsection 850.11.
I
B. No fence shall exceed eight feet in height.
C. Fences shall be installed with the finished side facing neighboring properties.
D. No fence shall be installed so as to obstruct a required clear view at street
intersections as required by Section 1405 of this Code.
Subd. 6 Exceptions to Setback Requirements. The following shall not be considered as
encroachments into required setbacks:
A. Overhanging eaves not supported by posts or pillars, and bay windows not
extending to the floor, which do not project more than three feet into the required
setback and which are not within three feet of a lot line.
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City of Edina Land Use, Platting and Zoning 850.07
B. Sidewalks and driveways,but not patios.
C. Fences which do not exceed the height limitations imposed by this Subsection
850.07.
D. Awnings and canopies attached to the principal building and not supported by
posts or pillars, which do not project more than three feet into the required setback
and which are not within three feet of a lot line.
E. Flagpoles, light poles and fixtures.
F. Clotheslines and outdoor fireplaces in the rear yard only.
G. Bus shelters which have been approved by the Engineer.
H. Unenclosed steps or stoops not exceeding 50 square feet in area.
I. Fireplaces projecting not more than two feet into the required setback and not
exceeding ten square feet in horizontal area.
J. Underground storage tanks, conduits and utilities.
K. Portions of principal and accessory buildings or structures which are located
completely underground, which are not visible from the surface of the ground and
which do not encroach more than one-half of the distance into that part of the required
setback nearest the principal or accessory building.
L. Trees, shrubs and other vegetation.
M. Retaining walls.
N. Freestanding basketball posts,backboards and goals adjacent to a driveway.
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:
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City of Edina Land Use, Platting and Zoning 850.07
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
3. Accessory recreational facilities not enclosed by solid walls and not covered
by a roof, including outdoor swimming pools, tennis courts and shuffleboard
courts; but facilities which are constructed above grade, such as paddle tennis
courts, shall be included when computing building coverage.
4. Unenclosed and uncovered steps and stoops less than 50 square feet.
5. Overhanging eaves and roof projections not supported by posts or pillars.
B. Building coverage computations, however, shall include all other principal or
accessory buildings, including, but not limited to:
1. Decks and patios subject to allowances provided by this Section.
2. Gazebos.
3. Balconies.
4. Breezeways.
5. Porches.
6. Accessory recreational facilities constructed above grade, such as paddle
tennis courts.
Subd. 10 Lighting. All exterior lighting and illuminating devices shall be provided with
lenses, reflectors or shades so as to concentrate illumination on the property of the owner or
operator of the lighting or illuminating devices. Rays of light or illumination shall not pass
beyond the property lines of the premises utilizing the lights or illumination at an intensity
greater than three foot-candles measured at property lines abutting property zoned residential
and ten foot-candles measured at property lines abutting streets or property zoned non-
residential. No light source, lamp or luminaire shall be directed beyond the boundaries of the
lighted or illuminated premises.
Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage on
at least one street other than alleys or limited access roadways to which private access is
prohibited. Private easements shall not be considered as frontage for purposes of this
Subdivision. Notwithstanding the requirements of this subdivision, lots in a townhouse plat
need not front on a street provided that the townhouse plat of which the lot is a part has at
least 30 feet of frontage on at least one street.
Subd. 12 Certain Sales Prohibited.
A. Except as provided in Section 1310 of this Code, the sale of goods or merchandise
from a motor vehicle, trailer, tent or other temporary or portable building is prohibited
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City of Edina Land Use,Platting and Zoning 850.07
in all districts.
B. No property used for residential purposes shall be used for garage sales, estate
sales or other sales of personal property for more than one period of 72 consecutive
hours in any calendar year. The property offered for sale shall consist only of items
owned by the resident or of the premises or by friends of such resident. 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.
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City of Edina Land Use,Platting and Zoning 850.07
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays.
Subd. 15 District Limits. For purposes of calculating the minimum site area, floor area
ratio, building coverage, setbacks and all other requirements of this Section, a district or
subdistrict shall be deemed not to extend beyond the right-of-way lines of adjacent streets,
alleys or highways which were dedicated, conveyed or acquired prior to the transfer of land
to that district or subdistrict. Districts which are separated by public streets or highways shall
be deemed to be separate and independent districts and all requirements and restrictions
contained in this Section must be met separately and independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary or
portable building or structure, including, without limitation, any shed, tent or shelter,
which is not permanently attached to the ground shall be placed or stored within the
required front street or side street setback for the principal building and shall
maintain an interior side yard and rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double
Dwelling Unit Lots. No temporary or portable building or structure, including,
without limitation, any shed, tent or shelter, which is not permanently attached to the
ground shall be placed or stored upon a lot except as accessory to, and during the
construction of,permanent buildings or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished products,
motor vehicles, trailers and all equipment shall be stored within a completely enclosed
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 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
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City of Edina Land Use, Platting and Zoning 850.07
cost of restoration exceeds one-half of the fair market value of the entire
building on the date immediately prior to the date of the casualty, shall not be
restored unless the building, and the use, shall conform to all of the
restrictions of the district in which it is located. If the cost of restoration is
less than one-half of the fair market value of the entire building on the date
immediately prior to the date of the casualty, then the building may be
restored without so conforming; but if such restoration is not begun within
two years from the date of the casualty or is not diligently prosecuted to
completion, then the building shall not be restored unless the building, and
the use, conforms to all of the restrictions of the district in which it is located.
The Assessor, or other person selected by the Manager, shall determine such
cost of restoration and such fair market value.
C. Non-Conforming Lots. A non-conforming lot in the R-1 District used or intended
for a single dwelling unit building shall be exempt from the width, depth, area and lot
width to perimeter ratio requirements of this Section,provided, that the lot:
1. Is not less than 50 feet in width;
2. Is not less than 100 feet in depth;
3. Has at least 30 feet frontage on a street; and
4. Has not been at any time since October 22, 1951, been held in common
ownership with all or part of an adjoining or abutting lot or parcel which,
together, complied with the minimum width, depth and area and lot width to
perimeter ratio requirements imposed by this Section. If such lot and
adjoining or abutting lot or parcel has been held in such common ownership,
then the property so held in common ownership shall be subject to the
following:
a. if a non-conforming lot or parcel is, or at any time since October
22, 1951, has been, held in common ownership with all or part of an
adjoining or abutting parcel or lot which together comply with, or
come close to complying with, the minimum width, depth, area, and
lot width to perimeter ratio, requirements of this Section, then such
non-conforming lot or parcel and such adjoining or abutting parcel or
lot shall be considered as one lot and shall not be decreased in size
below such minimum requirements. If in a group of two or more
adjoining or abutting lots or parcels owned or controlled by the same
person, any single lot or parcel does not meet the full minimum depth,
width, area or lot width to perimeter ratio requirements of this
Section, such single lot or parcel shall not be considered as a separate
lot or parcel able to be conveyed and developed under this Code.
Subd. 21 Relocation of Buildings and Structures. No building or structure shall be
moved, in whole or in part, into or within the City, unless every portion of such building and
structure, and its use, conforms to all of the restrictions of the district in which it is to be
85046 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.08
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 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
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City of Edina Land Use, Platting and Zoning 850.08
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.
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.
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City of Edina Land Use,Platting and Zoning 850.08
O. Athletic,Health, and Weight Reduction Facilities.
1. Six spaces per court for handball, racquetball and tennis courts.
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
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
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City of Edina Land Use, Platting and Zoning 850.08
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
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.
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City of Edina Land Use,Platting and Zoning 850.08
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.
B. If any increase in the size, or changes in the uses, of such an existing principal
use is made beyond the size or for other than the uses above allowed, then additional
off-street parking spaces shall be provided, pursuant to this Section, but only for the
additional spaces resulting from the increase in size or changes in uses.
Subd. 3 Location.
A. Non-Residential Principal Uses. The required number of off-street parking spaces
shall be located on the same lot as the principal use or on an adjacent lot under the
control of the owner of the principal use. For purposes hereof, "control" may be
derived from ownership, or by a lease or easement continuing for a period of not less
than 25 years. The required parking spaces shall not be separated from the principal
use building by a street. Seventy-five percent of all required spaces shall be located
within 500 feet of the entrances to the principal use building and 100 percent shall be
within 1,000 feet.
B. Residential Principal Uses. The required number of off-street parking spaces
shall be located on the same lot as is occupied by the principal use. The required
parking spaces shall not be separated from the principal use building by a street.
Subd. 4 Setbacks (Not Applicable to Single Dwelling Unit Buildings and Double
Dwelling Unit Buildings). No exposed parking spaces, required stacking spaces or drive
aisles (except that portion of the driveway crossing the public right of way to give access to
the street) shall be located within twenty feet of a public street right-of-way or within ten feet
of an interior side lot line or a rear lot line. Interior side yard and rear yard setbacks shall be
measured from the boundary of the tract. No parking space or drive aisle shall be located
within ten feet of any principal use building.
850-51 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.08
Subd. 5 Design and Construction.
A. Size
1. Full Size Spaces.
Space Space Drive Aisle
Angle Width Lenjzth Width
900 8 Meet 18 feet 24 feet
600 9 feet 18 feet 8 feet
450 9 feet 18 feet 12 feet
2. Compact 1 Size Spaces.
Space Space Drive Aisle
Angle Width Lenh Width
900 7 Meet 16 feet 24 feet
600 8 feet 16 feet 18 feet
450 8 feet 16 feet 12 feet
B. Compact Parking Spaces. Within the Planned Office District, Regional Medical
District and Planned Industrial District only, not more than 20 percent of all required
parking spaces may be compact spaces. In all other districts, no compact spaces shall
be counted as required parking. Compact spaces shall be clearly identified by signs
mounted on sign posts in order that they are visible at all times. Signs which are
painted on the pavement shall not be permitted for this purpose. Compact parking
spaces shall be located in one contiguous area to the greatest possible extent and,
where possible, limited to proposed employee parking areas. It is the purpose and
intent to limit compact parking spaces to areas used for long-term employee parking
rather than short-term visitor parking.
C. Bumper Overhangs. The minimum parking space length as required may be
decreased by 1.5 feet for full size parking spaces and 1.0 foot for compact spaces
which allow the bumper of the automobile to project beyond the terminus of the
parking space without obstructing other parking spaces or vehicle circulation areas.
D. Joint Parking Facilities in the Planned Commercial District and Mixed
Development District. Parking spaces serving two or more buildings, lots or uses in
the Planned Commercial District and the Mixed Development District may be
located in the same off-street parking area, provided that:
1. The total number of spaces furnished shall not be less than the sum of the
separate requirements for each use; and
850-52 Supplement 2001-1
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City of Edina Land Use, Platting and Zoning 850.08
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.
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.
850-53 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.08
2. Channelization.
3. Turn lanes.
4. Increased street width.
5. Warning lights.
6. Stacking lanes.
7. Location, number and width of curb cuts.
C. Circulation Within Parking Areas.
1. Unobstructed access to each parking space from a drive aisle shall be
provided.
2. Traffic moving from one part of a parking area to another shall be capable
of doing so without using a street.
3. Dead end drive aisles shall not be permitted.
4. Parking spaces oriented at an angle of less than 90 degrees to the drive
aisle shall be served only by way of one-way drive aisles.
D. Driveway Design.
1. Driveway width(back of curb to back of curb):
Maximum Minimum
One-way 20 feet 12 feet
Two-way 30 feet 24 feet
2. Maximum driveway width at street curb: 30 feet exclusive of returns as
measured along the curb line of the street.
3. Minimum distance between driveways in all districts except R-1 and R-2:
20 feet between ends or returns as measured along the curb line of the street.
4. Minimum distance of driveway from street intersections: 50 feet between
ends or returns of the driveway and the returns of the intersection 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.
850-54 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.09
850.09 Loading Facilities.
Subd. 1 Definition. A loading facility means and includes the dock to or from which the
transport vehicle is being loaded or unloaded, the berth for the vehicle while it is being
loaded or unloaded and the areas needed to maneuver the vehicle into or out of the berth.
Subd. 2 Location. Off-street loading facilities shall be easily accessible from
streets with a minimum of interference with other vehicle and pedestrian traffic. No
loading berths shall be located on the side of a building which faces a residential
district.
Subd. 3 Setbacks. No loading facility shall be located within the required front street or
side street setback for the principal building or within ten feet of an interior side lot line or a
rear lot line.
Subd. 4 Design.
A. Size
1. Large Berth: Length 55 feet
Width 14 feet
Height 15 feet
2. Small Berth:. Length 25 feet
Width 12 feet
Height 15 feet
B. Docks. All docks shall be located within the perimeter of the principal or
accessory building and shall be completely enclosed except for the opening needed
for access to a vehicle during the time it is standing in the berth.
C. Construction. All loading berths shall comply with the standards for the
construction of parking areas as specified in this Section.
Subd. 5 Minimum Number of Loading Berths Required.
A. Planned Industrial District (Except Office Buildings). One large berth per 50,000
square feet of gross floor area or major fraction.
B. All Office Buildings, Mixed Development District (Office Space Only) and
Regional Medical District.
Gross Floor Area(GFA) Number of Berths
0—20,000 sq. ft 0 berths
20,001 — 100,000 sq. ft. 1 small berth
Over 100,000 sq. ft. 1 small berth and 1 large berth plus 1
additional berth for each 100.000 square
850-55 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.10
additional berth for each 100,000 square
feet GFA or major fraction thereof, over
the original 100,000 square feet GFA
C. Planned Commercial District (Except Office Buildings).
Gross Floor Area(GFA) Number of Berths
0—5,000 sq. ft 0 berths
5,001 —20,000 sq. ft. 1 small berth
20,001 — 100,000 sq. ft. 1 small berth and 1 large berth
Over 100,000 sq. ft. 1 small berth 50,000 square feet GFA or
major fraction thereof, over the original
100,000 square feet GFA
850.10 Landscaping and Screening.
Subd. l 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.
i
6. Planting details illustrating proposed locations of all new plant material.
850-56 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.10
7. Locations and details of other landscape features including berms, fences
and planter boxes.
8. Details of restoration of disturbed areas including areas to be sodded or
seeded.
9. Location and details of irrigation systems.
10. Details and cross sections of all required screening.
C. Minimum Requirements. All open areas of a lot which are not used and improved
for required parking areas, drives or storage shall be landscaped with a combination
of overstory trees, understory trees, shrubs, flowers and ground cover materials.
1. Minimum Number of Overstory Trees. The number of overstory trees on
the lot or tract shall be not less than the perimeter of the lot or tract as
measured in feet divided by 40.
2. Understory Trees and Shrubs. In addition to the required number of
overstory trees, a full complement of understory trees and shrubs shall be
provided to complete a quality landscape treatment of the site.
3. Minimum Size and Root Condition of Required Overstory Trees.
Minimum Amount of Required Trees
Building Height-Front
Tree Type Deciduous Coniferous Less than 24' 24' or Greater
Ornamental 2"or less 5' or less 5% 5%
Complimentary 2'/z"or greater 6' or greater 60% 25%
Accent 3'/2"or greater 8 ` or greater 20% 25%
Primary 4'/z"or greater 10' or greater 10% 20%
Full 5'/2"or greater 12' or greater 5% 20%
Calculations to determine minimum number of trees are always rounded up. Tree
size, as to deciduous, is the diameter of the tree measured 6 inches above the
ground. Tree size, as to coniferous, is measured in height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species which are
classified as overstory trees by the American Nurseryman's
Association. Trees which are considered as half trees, shrubs,
understory trees or ornamental trees shall not be included in the count of
required overstory trees;
b. not more than 50 percent of the required number of overstory trees
shall be composed of one species;
850-57 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.10
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
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;
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850-58 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.10
3. Off-street parking facilities containing six or more spaces and all loading
facilities shall be screened from streets located within 50 feet, and from lots
which are used for any residential purpose which are located within 50 feet.
Said distance shall be the shortest distance between the parking facility or
loading facility and the nearest part of the street or the nearest lot line of the
residential lot;
4. Trash storage facilities including recycling storage facilities shall be
screened from all lot lines and public road rights-of-way; and
5. All mechanical equipment accessory to any building, except single
dwelling unit and double dwelling unit buildings, shall be screened from all
lot lines and streets.
B. Responsibility. The owner of the principal or accessory building or structure to be
screened shall install and maintain all screening required without cost to the City.
C. Materials. Required screening may be achieved with fences, walls, earth berms,
hedges and other landscape materials. All walls and fences shall be architecturally
harmonious with the principal building. Earth berms shall not be steeper than 3:1. All
materials, including landscaping, shall have a minimum opacity of 90 percent year
round.
D. Location. All required screening shall be located on the lot occupied by the use,
building, facility or structure to be screened. No screening shall be located upon any
public road right-of-way, or within 20 feet of the traveled portion of a street.
E. Height. The minimum height for screening required by this Section is as follows:
1. Screening required by subparagraphs 1 and 2 of paragraph A. of Subd. 2
of Subsection 850.10: ten feet above property line;
2. Screening required by subparagraph 3 of paragraph A. of Subd. 2 of
Subsection 850.10: four feet above level of parking lot and ten feet above
level of loading facility; and
3. Screening required by subparagraphs 4 and 5 of paragraph A. of Subd. 2
of Subsection 850.10: high enough to completely screen from property lines,
but not less than five feet or greater than ten feet in height.
Subd. 3 Maintenance.
A. Responsibility. The owner of the lot upon which the required landscaping or
screening is located shall maintain all materials in a sightly and healthy growing
condition without cost to the City.
B. Security. Security shall be filed with the Planner in accordance with Section 405
of this Code to guarantee the installation and vigorous growing condition of all
850-59 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.11
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 850.04.
G. Day care facilities, pre-schools and nursery schools.
Subd. 3 Accessory Uses.
1
A. The following accessory uses are permitted on the same lot as a single dwelling
unit building:
i
1. Accessory garages.
2. Greenhouses, garden houses, decks,patios and gazebos.
850-60 Supplement 2001-1
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City of Edina Land Use, Platting and Zoning 850.11
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 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
850-61 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.11
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:
i
a. administrative offices and meeting rooms for private non-profit
organizations, and counseling services, which, together with the other
such offices and meeting rooms in the same public school building will,
in the aggregate, occupy 35 percent or more of the gross floor area of
the building; and
b. administrative offices and meeting rooms for private non-profit
organizations, and counseling services and schools for teaching music,
arts, dance or business vocations which are open for operations between
6:00 P.M. and 7:00 A.M. on three or more days per week.
2. No conditional use permit shall be issued unless the Council finds that the
hours of operation of the proposed use(s) will be complementary to other uses
in the building or on the property and will not adversely impact the residential
character of surrounding properties.
Subd. 5 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area.
1. Single Dwelling Unit 9,000 square feet provided however, if the
lot is in a neighborhood as defined in
Section 810 of this Code, which has lots
with a median lot area greater than 9,000
square feet, then the minimum lot area shall
be not less than the median lot area of the
lots in such neighborhood.
I
850-62 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.11
2. Elementary School 5 acres
3. Junior high schools, senior 10 acres, plus 1 acre for each 150 pupils of
high schools, seminaries, planned maximum enrollment.
monasteries, nunneries, and
community centers
4. Religious institutions 3 acres.
5. Day care facilities, pre- 2 acres
schools 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 lot with a median lot
width greater than 75 feet, then the
minimum lot width shall be not less than the
median lot width of lots in such
neighborhood
C. Minimum Lot Depth.
Single dwelling unit building 120 feet, provided, however if the lot is in a
neighborhood as defined in Section 810 of
this Code, which has lots with a median lot
depth greater than 120 feet, then the
minimum lot depth shall be not less than the
median lot depth of lots in such
neighborhood.
D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to
perimeter ratio of not less than 0.1.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Building Coverage.
1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be not
more than 25 percent for all buildings and structures, provided, however, that
the combined total area occupied by all accessory buildings and structures,
excluding attached garages, shall not exceed 1,000 square feet.
2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be not
more than 30 percent for all buildings and structures, provided, however, that
the area occupied by all buildings and structures shall not exceed 2,250
square feet.
850-63 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.11
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 buildings 30' 15' 10' 25'
on lots 75 feet or more in
width.
2.Single dwelling unit buildings 30' 15' 5' 25'
on lots less than 75 feet in
width.
3.Buildings and structures
accessory to single dwelling
unit buildings:
a. Detached garages, tool -- 15' 3' 3'
sheds, greenhouses and
garden houses entirely withi
the rear yard, including the
eaves.
b. attached garages, tool 30' 15' 5' 25'
sheds, greenhouses and
garden houses.
detached garages,tool -- 15' 3' 3'
,beds, greenhouses and
garden houses not entirely
within the yard
d. unenclosed decks and 30' 15' 5' 5'
patios `b
v° e. swimming pools, 30' 15'
including appurtenant
equipment and required
decking.
f. tennis courts,basketball 30' 15' 5' 5'
courts sports courts, hoc
ke
and skating rinks, and other
similar recreational accessoi
850-64 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.11
uses including appurtenant
fencing and lighting
g. all other necessary 30' 15' S' 5'
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, tennis 50' 50' 50' 50'
courts,maintenance
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 units 21/2 stories or 30 feet
buildings and structures whichever is less
accessory thereto.
2. Buildings and structures 1 %2 stories or 18 feet
accessory to single whichever is less
dwelling 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
850-65 Supplement 2001-1
i
City of Edina Land Use, Platting and Zoning 850.11
located where there is an established average setback and there are existing
buildings on only one side of the built or relocated building or structure or
addition thereto, the front street setback of said new or relocated building or
structure or addition thereto need be no greater than that of the nearest
adjoining principal building. If a building or structure or addition thereto is to
be built or relocated where there is an established average setback, and there
are existing buildings on both sides of the new or relocated building or
structure or addition thereto, the front setback need be no greater than that
which would be established by connecting a line parallel with the front lot
line connecting the most forward portion of the adjacent principal building on
each side.
2. Side Street Setback. The required side street setback shall be increased to
that required for a front street setback where there is an adjoining interior lot
facing on the same street. The required side street setback for a garage shall
be increased to 20 feet if the garage opening faces the side street.
3. Interior Side Yard Setback. The required interior side yard setback shall
be increased by 6 inches for each foot the building height exceeds 15 feet. For
purposes of this subparagraph, building height shall be the height of that side
of the building adjoining the side lot line and shall be measured from the
average proposed elevation of the ground along and on the side of the
building adjoining the side lot line to the top of the cornice of a flat roof, to
the deck line of a Mansard roof, to a point on the roof directly above the
highest wall of a shed roof, to the uppermost point on a round or other
arch-type roof, to the average distance of the highest gable on a pitched roof,
or to the top of a cornice of a hip roof.
I
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.
850-66 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.12
7. Accessory Buildings and Structures Used for Dwelling Purposes. Subject
to the requirements of paragraph B. of Subd. 7 of this Subsection 850.11, if
any accessory building or structure (including, without limitation, garages), or
if any addition to or expansion of(including, without limitation, an additional
story on) an accessory building or structure (including, without limitation,
garages), is used or intended for use, in whole or in part, for residential
occupancy, then such accessory building or structure or such addition or
expansion, shall comply with all of the minimum setback requirements for a
single dwelling unit building.
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling
unit shall be erected, placed or used on any lot unless the lot is subdivided into two
or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the first
150 square feet of an unenclosed deck or patio shall not be included when computing
building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor area
of the story next above. The floor area of accessory uses shall not be included for
purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet in width
as measured from the exterior of the exterior walls.
F. Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1
District.
850.12 Double Dwelling Unit District (R-2).
Subd. 1 Principal Uses. Buildings containing two dwelling units.
Subd. 2 Accessory uses.
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.
850-67 Supplement 2001-1
i
City of Edina Land Use, Platting and Zoning 850.12
A. Minimum Lot Area(per double dwelling 15,000 sq. ft.
unit building
B. Minimum Lot Width 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage 25%
B. Setbacks (subject to the provisions of
paragraph D. of Subd. 5 of this Subsection
850.12
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory
buildings and structures shall be the same as those required by this
Section for building and structures accessory to single dwelling unit
buildings in the R-1 District.
C. Height: 2%2 stories or 30 feet, whichever is less.
Subd. 5 Special Requirements. In addition to the general requirements described in j
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;
i
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
850-68 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.13
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 850.1 L
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 Resident District— 1 (PRD-1)
Planned Resident District—2 (PRD-2)
Planned Resident District—3 (PRD-3)
Planned Resident District—4 (PRD-4)
Planned Resident District—5 (PRD-5)
Planned Senior Residence— 3 (PSR-3)
Planned Senior Residence—4 (PSR-4)
Subd. 2 Principal Uses.
A. PRD-1. Single dwelling unit buildings, double dwelling unit buildings and
residential townhouses.
B. PRD-2. Residential buildings containing six or fewer dwelling units.
C. PRD-3 and PRD-4. All residential buildings. Also day care facilities licensed by
the State.
850-69 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.13
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.
i
A. PRD-1. All accessory uses allowed in the R-1 District.
B. All Other Subdistricts. All accessory uses allowed in the R-2 District.
C. PRD-4, PRD-5 and PSR-4. Shops, restaurants and other services primarily
intended for the use and convenience of residents of the principal use, provided
that such accessory uses are accessible only from the interior of the principal
building, are located only on the ground floor of the principal building, and have
no signs or display visible from the outside of the principal building. Not more
than ten percent of the gross floor area of a principal building shall be devoted to
these accessory uses.
Subd. 4 Density.
A. Required Lot Area. The area of the tract shall not be less than the sum of the
required lot area for each dwelling unit adjusted by the allowances permitted or
imposed by this paragraph:
i
Lot Area Per Maximum Allowance
i
Dwelling Unit Per Dwelling Unit
PRD— 1 10,500 Sq. ft. 0 sq. ft.
PRD—3 7,300 Sq. ft. 0 sq. ft.
PRD—3 4,400 sq. ft. 1,500 sq. ft.
PRD—4 2,900 sq. ft. 1,500 sq. ft.
PRD-5
PSR-3 3,500 sq. ft. 1,500 sq. ft.
PSR-4 2,500 sq. ft. 1,500 sq. ft
*The principal building in subdistrict PRD-5 shall not exceed an FAR of 1.2.
B. Schedule of Allowances.
1. PRD-3
a. subtract 500 square feet for each parking space within or under the
principal building or otherwise completely underground. (No more than
1.5 spaces per dwelling unit shall be counted).
850-70 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.13
b. subtract 500 square feet for each dwelling unit if all principal
buildings conform to all specifications of Type I or H 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 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 FAR
Building
Coverage
PRD — 1 25% --
PRD —2 25% --
PRD —3 30% --
PRD—4 30% --
PRD— 5 35% 1.2
850-71 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.13
PSR-3 30% --
PSR-4
-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'
i
PRD—4, 5 35' 35' 35' 35'
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PSR— 3,4 35' 35' 20' 35'
Accessory Buildings Same as 10' 10'
principal
building
C. Maximum Building Height.
PRD— 1, 2 2%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.
i
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 j
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.
850-72 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.13
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-I. 10 acres
B. Minimum Floor Area per Dwelling Unit.
PSR PRD (exce-t
PRD-5
Efficiency -- 500 sq. ft.
One Bedroom 500 minimum sq. ft. 750 sq. ft.
700 maximum sq. ft.
Two Bedroom 750 minimum sq. ft. 950 sq. ft.
850 maximum sq. ft.
Additional Bedrooms -- 150 sq. ft.
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
850-73 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.15
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 j
this requirement.
H. Proximity to R-1 District (PRD-4, PRD-5, and PSR-4). The following minimum
distance shall be provided between the closest point of the principal building in the
PRD-4, PRD-5 and PSR-4 subdistricts and the nearest lot line of an R-1 District used
for residential purposes. This requirement shall only apply to principal buildings four
stories or more in height. The minimum distance to an R-1 District need not exceed
680 feet for buildings more than 100 feet in height.
Minimum Distance in Feet= 10(h-40) + 80
h=building height
850.14 Mixed Development District (MDD).
Subd. 1 Subdistricts. The Mixed Development District shall be divided into the
following subdistricts:
Mixed Development District - 3 (MDD-3)
Mixed Development District - 4 (MDD-4)
Mixed Development District- 5 (MDD-5)
Mixed Development District - 6 (MDD-6)
Subd. 2 Principal Uses.
A. MDD-3, MDD-4, and MDD-5:
1. Buildings containing not fewer than ten dwelling units or senior citizen
dwelling units.
j
2. Publicly-owned or operated civic or cultural institutions.
3. Publicly-owned park and recreational facilities.
i
4. Offices, including business and professional offices, medical and dental
offices,post offices, travel agencies and travel bureaus.
5. Financial institutions excluding pawn shops.
850-74 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.11
6. Publicly-owned parking facilities.
7. Day care.
8. Suites Hotels.
B. MDD-6:
1. All principal uses in the MDD-3, MDD-4, and MDD-5 subdistricts.
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory shops.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
3. Health and athletic clubs.
4. Department stores or shopping centers exceeding 40,000 square feet.
Subd. 3 Accessory Uses.
A. Recreational facilities solely for the use and enjoyment of residents of a
residential principal use and their guests.
B. Customary home occupations.
C. Mass transit passenger waiting and pick-up facilities.
Subd. 4 Conditional Uses.
A. MDD-3, MDD-4, and MDD-5.
1. Privately owned recreational facilities other than those permitted in
paragraph A. of Subd. 3 of this Subsection 850.14.
2. Drive-through facilities.
3. All principal uses allowed in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory stores.
c. clubs and lodge halls.
d. exterminating offices.
850-75 Supplement 2001-1
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City of Edina Land Use,Platting and Zoning 850.14—
II
e. undertaking and funeral home establishments.
B. MDD-6. Commercial uses in residential buildings.
Subd. 5 Density.
I
i
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 Per Maximum Allowance Per
Dwelling Unit Dwelling Unit
MDD-3 4,400 sq. ft. 1,000 sq. feet
MDD-4 3,600 sq. ft. 1,000 sq. feet
MDD-5 3,300 sq. ft. 1,500 sq. feet
MDD-6 3,300 sq. ft. 1,500 sq. feet
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
850-76 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.1$L
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 %i 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
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
850-77 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.15
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.
i
Per Dwelling Unit
i
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.
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).
850-78 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.15
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
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.
850-79 Supplement 2001-1
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Ci� of Edina Land Use, Platting and
Zoning 850.15
II
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 b required setbacks.
� Y
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.
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 time 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;
850-80 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.16
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)
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.
850-81 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.16
i
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.
i
Florist shops.
Food, grocery,meat, fish, bakery and delicatessen stores.
I
Garden supply, tool and seed stores.
Gift shops.
Handball courts, racquetball courts and exercise and reducing salons.
Hardware stores.
Hobby shops for the sale of goods to be assembled and used off the premises.
Household furnishings, fixtures and accessory stores not exceeding 2,500 square feet
of gross floor area.
Interior decorating establishments.
Jewelry stores.
Launderettes.
Leather goods stores.
Liquor stores, municipally owned, off-sale.
Locksmith shops.
Medical and dental clinics.
Music and video sales and rental stores.
Musical instruments stores and repair shops.
Newsstands.
850-82 Supplement 2001-1
I
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
850-83 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.16
Clothing stores.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations.
Commercial kennels as defined by Subsection 300.01 of the City Code.
Currency exchanges as defined in M.S. 53A.
Department stores not exceeding 40,000 square feet of gross floor area.
Dry goods stores.
Electrical and household appliance stores, including radio and television sales and
service.
Exterminating offices.
Fabric stores.
Frozen food stores including the rental of lockers in conjunction therewith.
Furniture stores including upholstering when conducted as an incidental part of the
principal use.
Fraternal,philanthropic and charitable institution offices and assembly halls.
Furrier shops including the storage and conditioning of furs when conducted as an
incidental part of the principal use.
Home repair, maintenance and remodeling stores and shops.
Hotels, motels and motor inns.
Household furnishings, fixtures and accessories stores.
Laboratories, medical and dental.
Office supplies stores.
Orthopedic and medical appliance stores, but excluding the manufacturing or
assembly of appliances or goods.
Paint and wallpaper stores.
Personal apparel stores.
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Pet shops.
Photography studios.
Post offices.
Public utility service stores.
850-84 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
850-85 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.16
Drive-through facilities.
Amusement devices.
Subd. 8. Accessory Uses in PCD-3.
All accessory uses permitted in PCD-1 and PCD-2.
Automobile or boat and marine stores or agencies selling used automobiles or boats,
if(i) such a use is accessory to and on the same lot as a related principal use selling
new automobiles or boats, and (ii) the total floor area and lot area devoted to the
accessory use does not exceed that of the principal use.
Repair garages for servicing motor vehicles, if such a use is on the same lot as an
automobile agency.
Subd. 9 Accessory Uses in PCD-4.
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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).
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
850-86 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.16
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.
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:
850-87 Supplement 2001-1
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City of Edina Land Use, Platting and Zoning 850.16 j
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Building Height Distance to R-1 District
5-6 stories Twice the building height of the building in tl
Planned Commercial District.
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7-8 stories Four times the building height of the buildii
in the Planned Commercial District.
9 or more stories Six times the building height of the building
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.
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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 j
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.
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;
850-88 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.16
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:
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
850-89 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.16
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.
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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.
1. A car wash shall be subject to the same standards as specified herein for
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automobile service centers.
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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 j
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
850-90 Supplement 2001-1
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City of Edina Land Use, Platting and Zoning 850.17
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.
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.
J. Currency exchanges as defined in M.S. 53A.
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
850-91 Supplement 2001-1
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City of Edina Land Use, Platting and Zoning 850.17
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.
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C. Minimum Building Area. Each building shall have a gross floor area of not less
than 10,000 square feet.
D. Maximum Building Coverage.
1. Lots of less than three acres: 30 percent.
2. Lots of three acres or more: 45 percent.
a. may be increased to 60 percent if the total gross floor area on the lot
is contained within a single building and all portions of any loading
docks and berths are completely enclosed within the same single
building.
E. Maximum FAR: 0.5
1. May be increased to 0.6 for buildings which qualify for 60 percent building
Y � q Y
coverage as provided in paragraph D of Subd. 3 of this Subsection 850.17.
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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
850-92 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.17
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 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
850-93 Supplement 2001-1
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City of Edina Land Use, Platting and Zoning 850.17
inventory audit, spot check or verification of goods for sale shall be
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given to the Manager within ten days before the sale; and
c. a permit granted and unused may be transferred to another day or
days by the Manager upon written request received by the Manager at
least ten days prior to the requested sale.
D. Building Design and Construction. In addition to other restrictions of this Section
and of Section 410 of this Code, the use, construction, alteration or enlargement of
any building within the Planned Industrial District shall meet the following
standards:
1. All exterior wall finishes on any building shall be one or a combination of
the following materials:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture;
d. factory fabricated and finished metal framed panel construction if the
panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of materials comparable to those used in the original construction
and shall be designed in a manner conforming to the original architectural
design and general appearance.
E. Restrictions, Controls and Design Standards. Uses which because of the nature of
their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke,
odor, noxious gases, glare or wastes shall not be permitted. These residual features
shall be considered as "excessive" when they either exceed or deviate from the
limitations set forth in the following performance specifications.
1. Noise. Noise shall be measured on any property line of the tract on which
the use is located. Noise shall be muffled so as not to become objectionable
due to intermittence, beat frequency, shrillness or intensity. At the property
line, the sound pressure level of noise radiated continuously from a facility
shall not exceed the decibel levels given in the following table. The sound
pressure level shall be measured with a sound level meter 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.
850-94 Supplement 2001-1
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City of Edina Land Use, Platting and Zoning 850.17
Octave Band Frequency Maximum
(Cycles Per Second) Decibel Level
20-75 65
76-150 60
151-300 55
301-600 46
601-1200 40
1201-2400 34
2401-4800 31
Over 4800 28
2. Vibration. No use shall at any time cause earth vibrations perceptible
beyond the limits of the tract on which the use is located.
3. Dust and Dirt. Solid or liquid particles shall not be emitted at any point in
concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.
For measurement of the amount of particles in gases resulting from
combustion, standard corrections shall be applied to a stack temperature of
500 degrees Fahrenheit and 50 percent excess air.
4. Smoke. Measurement shall be at the point of emission. The then most
recent Ringleman Smoke Chart published by the United States Bureau of
Mines shall be used for the measurement of smoke and is hereby adopted and
incorporated into this Section by reference and made a part of this Section.
Smoke not darker or more opaque than No. 1 on the chart may be emitted.
However smoke not darker or more opaque than No. 2 on the chart may be
emitted for periods not longer than four minutes in any 30-minute period.
These provisions, applicable to visible grey smoke, shall also apply to visible
smoke of a different color but with an equivalent apparent opacity.
5. Odor. The use shall not, at any time, cause the discharge of toxic, noxious
or odorous matter beyond the confines of the principal building in such
concentrations as to be detrimental to or endanger the public health, welfare,
comfort or safety.
6. Glare. Glare, whether directed or reflected, such as from spotlights or high
temperature processes, and as differentiated from general illumination, shall
not be visible beyond the limits of the tract from which it originates.
7. Liquid Wastes. Liquid wastes containing any organic or toxic matter 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
850-95 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.19
the City's sanitary sewerage system shall not exceed 200 gallons per lot per
hour between the hours of 9:00 A.M. and 12:00 noon.
In order to ensure compliance with the performance standards set forth above, the
Planner may require the owner or operator of any use to make, without cost to the
City, investigations and tests as the Planner deems necessary, to show adherence to
the performance standards. The investigations and tests shall be done by an
independent testing organization approved by the Planner.
F. Mini-Storage Warehouse Standards.
1. No doors through which personal property is loaded or unloaded shall be
located on a side of a building which faces a residential district.
2. In addition to the requirements in this subsection for temporary retail sales
permits, the following requirements shall apply:
a. no more than two temporary retail sale permits per principal building,
or per lot if there is more than one principal building on the lot, shall be
issued annually in accordance with the provisions of this paragraph; and
b. the permit shall be applied for only by the owner of the principal
building, the intention being that each lessee within the mini-storage
building shall not be eligible individually for a temporary retail sales
permit.
3. Only non-perishable and non-volatile products may be stored.
850.18 Regional Medical District(RMD)
Subd. 1 Principal Uses.
A. Hospitals.
B. Medical and dental offices and clinics.
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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.
I
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.
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City of Edina Land Use, Platting and Zoning 850.19
B. Off-street parking facilities for ambulances, service trucks and automobiles owned
by tenants, employees,patients and visitors.
C. Within principal buildings having a gross floor area of 40,000 square feet or more,
ten percent of the floor area may be occupied by retail uses allowed in the PCD-1 and
PCD-2 subdistricts, if the primary function of the uses is to serve the needs of
occupants of, and visitors to, the principal use.
D. Helistops for use by helicopters involved in emergency rescue operations.
Subd. 3 Requirements for Building Coverage, Setbacks and Height.
A. FAR: 1.0.
B. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 209*
* 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.
Subd. 3 Requirements for Setbacks.
A. Parking Lots.
850-97 Supplement 2002-1
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City of Edina Land Use, Platting and Zoning 850.20
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
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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 designed precast concrete units if the surfaces have been integrally
treated with an applied decorative material or texture.
850.20 Edina Heritage Landmarks
Subd 1 Purpose. The zoning classification of Edina Heritage Landmark is
established to promote the preservation, protection and use of significant heritage
resources in the City. Heritage landmarks shall be nominated by the Board and
designated by Council resolution.
Subd. 2 Eligibility Criteria. The following criteria will guide the Board and the
Council in evaluating potential heritage landmark designations:
A. The quality of significance in history, architecture, archeology, and culture
present in buildings, sites, structures, objects and districts that reflects:
850-98 Supplement 2002-1
City of Edina Land Use,Platting and Zoning 850.20
1. Association with important events or patterns of events that reflect
significant broad patterns in local history; or
2. Association with the lives of historically significant persons or groups
significant; or
3. Embodiment of the distinctive characteristics of an architectural style,
design, period, type, or method of construction; or that possess high artistic
values, or that represent a significant and distinguishable entity whose
components may lack individual distinction; or
4. Important archeological data or the potential to yield important
archeological data.
B. The retention of specific aspects of historical integrity, including location, design,
setting, materials, workmanship, feeling, and association, that convey significance as
a heritage resource worthy of preservation.
Subd. 3 Determination Of Eligibility. The Board shall review the inventory of heritage
resources and evaluate the significance of all properties identified by survey. If it determines
that a surveyed heritage resource appears to meet at least one of the heritage landmark
eligibility criteria, the Board may by majority vote issue a determination of eligibility for
planning purposes.
Subd 4. Nomination Of A Heritage Landmark. Nomination of a property to be
considered for designation as an Edina Heritage Landmark shall be submitted to the Council
by the Board. Each nomination shall be accompanied by a heritage landmark nomination
study prepared by the City Planner. This study shall:
A. Identify and describe in detail the heritage resource being nominated;
B. Explain how the property meets one or more of the heritage landmark
eligibility criteria;
C. Make the case for historical significance and integrity; and
D. Recommend a plan of treatment for the heritage resource,with guidelines
for design review and specific recommendations for preservation,
rehabilitation, restoration, and reconstruction as appropriate.
The study shall be accompanied by a map that clearly locates the property, a detailed
plan of the nominated heritage resource, and archival quality photographs that document
significant features of the building, site, structure, object, or district.
Subd. 5. State Historic Preservation Office Review. The City Planner shall submit all
heritage landmark nominations to the state historic preservation officer for review and
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City of Edina Land Use,Platting and Zoning 850.20
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comment within sixty(60)days.
Subd. 6. Planning Commission Review. The City Planner shall submit all heritage
landmark nominations to the city planning commission for review and recommendations
prior to any Council action.
Subd. 7 Public Hearing. On receipt of the heritage landmark nomination documents
and the comments of the state historic preservation office and the city planning
commission, the Council shall hold a public hearing to consider the proposed landmark
designation.
Subd. 8 City Council Designation. The Council may designate a property as an Edina
Heritage Landmark by resolution.
Subd. 9 Designation Of Heritage Landmarks On Zoning Map. The Planning
Commission shall place all designated heritage landmarks on the official city-zoning
map.
Subd. 10 Review Of Permits.
A. To protect significant heritage resources, the Board shall review all
applications for city permits for the following types of work in relation to a
designated heritage landmark:
1.Demolition of any building or structure, in whole or in part;
2.Moving a building or structure to another location;
3.Excavation of archeological features, grading or earth moving in areas
believed to contain significant buried heritage resources; and
4.New construction.
B. No city permit for the types of work described in the subsection above
will be issued without a certificate of appropriateness signed by the City
Planner and approved by the Board, evidencing compliance with the
comprehensive heritage preservation plan. Certificates of appropriateness may
be granted subject to conditions.
C. Permit review decisions shall be based on the Secretary of the Interior's
Standards for the Treatment of Historic Properties, the Comprehensive
Heritage Preservation Plan, and the heritage landmark preservation study for
each designated property.
D. The City Planner and the Board shall complete their review of
applications for city permits requiring certificates of appropriateness within
forty-five (45) days of the date of application.
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City of Edina Land Use,Platting and Zoning 850.21
E.The City Planner and the Board may issue certificates of appropriateness for
work projects submitted voluntarily by owners of heritage resources.
F.To assure compliance with the goals and policies of the comprehensive
heritage preservation plan, the Board shall review every application for a
preliminary plat, conditional use permit, variance, or rezoning in relation to a
designated heritage landmark; and the City planning commission shall give
the Board a reasonable opportunity to comment on such projects before
making its recommendation to the Council.
Subd. 11 Appeals All decisions of the City Planner and the Board with respect to
certificates of appropriateness shall be subject to review by the Council. Any party
aggrieved by the denial of a certificate of appropriateness shall have a right to appeal such
decision directly to the Council by filing a written notice of appeal with the City Clerk.
Upon receipt of the notice, the City Clerk shall transmit a copy to the Board.
Subd. 12. Violation. Violations of the provisions of this chapter or the conditions of
approval granted thereunder shall be a misdemeanor. This chapter may also be enforced
by injunction, abatement, or any other appropriate remedy in any court of competent
jurisdiction.
Subd. 13 Maintenance Of Heritage Landmark Properties. Every owner or person in
possession of a designated heritage landmark shall keep the property in good repair.
850.21 Floodplain Overlay District (FD).
Subd. 1 Statutory Authorization, Findings of Fact and Purpose.
A. Statutory Authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes, Chapter 103F and Chapter 462, delegated the responsibility to
local government units to adopt regulations designed to minimize flood losses.
Therefore, the Council does adopt this Subsection 850.21.
B. Findings of Fact. In addition to the findings set forth in Subsection 850.01 of this
Code, it is hereby further found and declared that:
1. The flood hazard areas of the City are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety, and general
welfare.
2. This Subsection 850.21 is based upon a reasonable method of analyzing
flood hazards which is consistent with the standards established by the
Minnesota Department of Natural Resources.
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City of Edina Land Use, Platting and Zoning 850.21
3. Lands within floodplains, as hereafter defined, in the City, in their natural
state, are a valuable land resource.
4. Development within any such floodplain must be regulated on the basis
of, and with full consideration of, the impact on the whole of that floodplain
and on the watercourses and water bodies of that floodplain.
5. Such lands are or may be subject to loss or impairment of value and
physical degradation through uncoordinated and unplanned development.
6. Such lands are necessary and desirable to avoid rapid runoff of surface
waters, to prevent polluting materials from being carried directly into the
watercourse or water body, to preserve adequate ground water infiltration, to
protect surface and ground water supplies, and to minimize the possibility of
periodic flooding.
C. Statement of Purpose. It is the purpose of this Subsection 850.21 to guide and
regulate the orderly development of such lands to ensure maintenance and
preservation, in their natural state, of needed and desirable natural water storage
areas, and watercourses and water bodies and their shorelines and adjacent vegetation
and topography and to minimize the possibility of, and pollution and losses resulting
from, runoff and flooding, all thereby to promote and protect the public health, safety
and general welfare.
Subd. 2 Definitions. The words and phrases used in this Subsection 850.21 shall be
subject to the rules of construction and definitions in Subsection 850.03 and, to the extent
defined below, shall have the following meanings for purposes of this Subsection:
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor or base
below ground level on all four sides, regardless of the depth of excavation below
ground level. This definition shall apply only to this Floodplain Overlay District
Subsection and, for purposes of this Subsection, this definition shall control over the
definition in Subsection 850.03.
Channel. A natural or artificial depression of perceptible extent, with definite beds
and banks to confine and conduct, either continuously or periodically, the waters in
the respective creeks of Nine Mile Creek and Minnehaha Creek.
Commissioner. The Commissioner of Natural Resources of the State of Minnesota.
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining the location of floodway
boundaries so that floodplain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
Flood or Flooding. A temporary increase in the flow or stage of a stream or in the
stage of a wetland or lake that results in the inundation of normally dry areas.
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City of Edina Land Use,Platting and Zoning 850.21
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.
Flood-proofing. A combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store
the regional flood discharge.
Map. The Official Flood Plain Zoning Map herein described.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, material, equipment, or matter in, along, across, or
projecting into any channel, watercourse, or floodplain which may impede, retard, or
change the direction of the flow of water, either by itself or by catching or collecting
debris carried by such water.
Principal Use or Structure. All uses or structures that are not accessory uses or
structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used in
the Flood Insurance Study prepared for the City by the Federal Insurance
Administration dated November 1979.
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City of Edina Land Use,Platting and Zoning 850.21
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.
Subd. 3 General Provisions.
A. Lands to Which Subsection Applies. This Subsection 850.21 shall apply to all
lands within the jurisdiction of the City shown on the Official Floodplain Zoning
Map (hereinafter described) and the attachments thereto as being located within the
boundaries of the Floodway or Flood Fringe Districts.
B. Establishment of Official Floodplain Zoning Map. The Map, a composite copy of
which, reduced in size, is appended to this Code, and with all explanatory
information thereon, is hereby adopted by reference and declared to be a part of this
Code and is hereby designated as the Official Floodplain Zoning Map. The Map is
based upon (i) the Nine Mile Creek Watershed District Plan and Management
Profile; (ii) the Flood Insurance Study dated November 1979 prepared for the City by
the Federal Insurance Administration; (iii) the Flood Insurance Study dated March
16, 1981 prepared for the City of Bloomington by the Federal Insurance
Administration; (iv) the Flood Boundary and Floodway Maps dated May 1, 1980
prepared for the City by the Federal Insurance Administration; (v) the Flood
Boundary and Floodway Maps dated September 16, 1981 prepared for the City of
Bloomington by the Federal Insurance Administration; (vi) the Flood Insurance Rate
Maps dated May 1, 1980, prepared for the City by the Federal Insurance
Administration; and (vii) the Flood Insurance Rate Maps dated September 16, 1981,
prepared for the City of Bloomington by the Federal Insurance Administration. The
Map, and all of the above referenced profiles, studies and maps are on file in the
office of the Planner.
C. Interpretation.
1. Minimum Requirements. In their interpretation and application, the
provisions of this Subsection 850.21 shall be held to be minimum
requirements and shall be liberally construed in favor of the City and shall not
be deemed a limitation or repeal of any other powers granted or created by
applicable ordinances or State Law.
2. Determining Boundaries. The boundaries of the floodplain districts shall
be determined by scaling distances on the Map. Where interpretation is
needed as to the exact location of the boundaries of any district as shown on
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City of Edina Land Use, Platting and Zoning 850.21
the Map, as for example where there appears to be a conflict between a
mapped boundary and actual field conditions, and there is a formal appeal of
the decision of the Planner, the Board shall make the necessary interpretation
based on elevations on the regional flood profile and other available technical
data. Persons contesting the location of the district boundaries shall be given
a reasonable opportunity to present their case to the Board and to submit
technical evidence.
3. Abrogation and Greater Restrictions. It is not intended by this Subsection
850.21 to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this Subsection imposes greater
restrictions, the provisions of this Subsection shall prevail.
D. Warning and Disclaimer of Liability. This Subsection 850.21 does not imply that
areas outside the floodplain districts or land uses permitted within such districts will
be free from flooding or flood damages. This Subsection shall not create liability on
the part of the City or any officer, official, or employee thereof for any flood damages
that result from reliance on this Subsection or any City action taken or
administrative,Board, Commission, or Council decision lawfully made hereunder.
E. Other Zoning Districts and Provisions. The inclusion of land within the
Floodplain Overlay District shall not change or affect, in any way, the uses allowed
on, and the restrictions and requirements then or thereafter applicable to, the land
under any other zoning classification in which the land is then or thereafter located,
all of which shall continue to apply, but the additional restrictions of the Floodplain
Overlay District shall also apply to such land. Where the provisions in this
Subsection 850.21 are inconsistent with or contradictory to the provisions in any
other section of this Code, then the most stringent provisions shall apply and be
complied with.
Subd. 4 Establishment of Zoning Districts.
A. Districts.
1. Floodplain District (FD). The Floodplain District includes those areas
designated as floodway and flood fringe on the Map.
2. Floodway District (FW). The Floodway District includes those areas
designated as floodway on the Map.
3. Flood Fringe District (FF). The Flood Fringe District includes those areas
designated as flood fringe on the Map.
B. Compliance. No structure wholly or partially within the Floodplain District shall
be hereafter located, extended, converted, or structurally altered, and no use 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
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City of Edina Land Use, Platting and Zoning 850.21
permitted uses or conditional uses in Subd. 5 and Subd. 6 of this Subsection 850.21,
respectively, shall be prohibited. Without limiting the generality of the foregoing,
land use shall be deemed to have changed when any utilities are installed in, or any
road or structure is placed on, the land. In addition, the following provisions shall
apply:
1. New manufactured homes and replacement manufactured homes are
subject to the general provisions of this Section 850 and specifically Subd. 9
of this Subsection 850.21.
2. A building, structure or use which does not comply with the requirements
of this Subsection 850.21 shall be non-conforming, and shall be subject to the
restrictions and regulations applicable to other non-conforming uses and
non-conforming buildings, whichever is applicable, as set out in Subsection
850.07.
3. As-built elevations for elevated or floodproofed structures must be certified
by ground surveys, and floodproofing techniques must be designed and
certified by a registered professional engineer, architect or land surveyor as
stated in paragraph H. of Subd. 10 of this Subsection 850.21.
4. Mobile homes and mobile home parks, and travel trailers and travel
vehicles, are prohibited in the Floodplain District.
5. Garbage or waste disposal sites or systems are prohibited in the Floodplain
District.
6. Storage or processing of materials or equipment that are, in time of
flooding, flammable, explosive or potentially injurious to human, animal or
plant life is prohibited in the Floodplain District.
Subd. 5 Floodway District(FV).
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
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City of Edina Land Use, Platting and Zoning 850.21
shall not involve structures, fill, obstructions, excavations or storage of
materials or equipment.
3. The use shall not involve or employ any structures located in the floodway.
4. The use shall have received all required approvals from all other
governmental bodies having jurisdiction.
C. Conditional Uses. The following uses are conditional uses in the Floodway
District and shall be allowed only if they comply with the standards set out in
paragraph D. of this Subd. 5 and then only pursuant to the issuance of a conditional
use permit:
1. Extraction and storage of fill, dredge spoil, sand, gravel, and other similar
materials.
2. Railroads, streets,bridges,utility transmission lines, and pipelines.
3. Placement of fill
4. Structural works for flood control such as levees, dikes and floodwalls
constructed to any height where the intent is to protect individual structures,
and levees or dikes where the intent is to protect agricultural crops from a
frequency flood event equal to or less than the 10-year frequency flood event.
D. Standards for Floodway District Conditional Uses.
1. No fill (including fill for roads and levees), deposit, obstruction, or other
uses, shall be allowed as a conditional use if such use will cause any increase
in the stage of the regional flood or cause an increase in flood damages in the
reach or reaches affected.
2. All floodway conditional uses shall be subject to the procedures and
standards contained in Subd. 10 of this Subsection 850.21.
3. The conditional use shall be a permitted use or a conditional use in the
underlying zoning district established by this Section 850.
4. Fill, sand and gravel:
a. fill, dredge spoil and all other similar materials deposited or stored
in the floodway shall be protected from erosion by vegetative cover,
mulching,riprap or other methods acceptable to the Planner.
b. dredge spoil sites and extraction and storage of sand, gravel and
other materials shall not be allowed in the floodway unless a
long-term site development plan is submitted to and approved by the
Planner which includes an erosion/ sedimentation prevention element
to the plan. Compliance with such approved plan shall be a condition
to any conditional use permit issued.
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City of Edina Land Use, Platting and Zoning 850.21
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 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.
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5. The provisions of paragraph E. of this Subd. 6 shall apply.
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City of Edina Land Use, Platting and Zoning 850.21
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 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
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City of Edina Land Use, Platting and Zoning 850.21
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 flood
event of at least the regional flood event. The plan must be prepared and
certified by a registered professional engineer or other qualified individual
acceptable to the Planner. The plan may incorporate alternative procedures
for removal of the material from the floodplain if adequate flood warning
time exists. Compliance with such approved plan shall be a condition to any
conditional use permit issued.
5. Storage of Materials and Equipment:
a. the storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life is prohibited.
b. storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood
warning and in accordance with a plan approved by the Planner.
6. The provisions of paragraph E. of this Subd. 6 shall also apply.
E. Standards Applicable to All Flood Fringe District Uses:
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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 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.
850-112 Supplement 2002-1
City of Edina Land Use, Platting and Zoning 850.21
A. Planner. The Planner shall administer and enforce this Subsection 850.21.
B. Permits and Variances Required; Grounds for Variances. A conditional use permit
or variance shall be applied for and obtained pursuant hereto prior to the
construction, erection, addition, alteration or change of use of any obstruction wholly
or partly in the Floodplain District which is not a permitted use or which does not
comply with all the requirements of this Subsection 850.21, and prior to the change
of use of any land, which use is wholly or partly in the Floodplain District which is
not a permitted use or which does not comply with all of the requirements of this
Subsection 850.21. Variances may be granted only in the event that strict
enforcement of the literal provisions of this Subsection 850.21 will cause undue
hardship because of circumstances unique to the individual property under
consideration, and only if the action allowed by such variance will be in keeping with
the spirit and intent of this Section 850. Undue hardship shall have the same
meaning, and shall be interpreted in the same way, as in Subd. 1 of Subsection
850.04.
C. Applications for Conditional Use Permits and Variances. Applications for
conditional use permits and variances under this Subsection 850.21 shall be made, in
duplicate, by the owner or owners of the land, to the Planner, on forms furnished by
the Planner, and shall be accompanied initially by such of the following information,
data and plans as is deemed necessary by the Planner for determining compliance
with this Subsection 850.21, evaluating the application and determining the effects of
the proposed activity on the creek, marshes, wet areas and water bodies in the
Floodplain District and the suitability of the particular site for the proposed
improvement, use, obstruction or variance. The application shall also be
accompanied by the fee set forth in Section 185 this Code.
1. For a Variance:
a. plans, including a survey by a Minnesota registered land surveyor,
in duplicate, drawn to scale, showing the nature, location, dimensions,
and elevation of the lot, existing and proposed obstructions, the
relationship of the lot and existing and proposed obstructions to the
location of the channel, marshes, wet areas and water bodies, surface
water drainage plans and floodproofing measures.
b. a receipt, signed by the applicant, of a notice from the Planner
stating, essentially, that (i) the issuance of a variance to construct a
structure below the level of the regional flood will result in increased
premium rates for flood insurance up to as much as $25.00 for each
$100.00 of insurance coverage, and (ii) such construction below the
level of the regional flood increases risks to life and property.
2. For a Conditional Use Permit:
a. plans and survey as required for a variance, but to be submitted in
triplicate.
850-113 Supplement 2002-1
I
City of Edina Land Use, Platting and Zoning 850.21
b. a valley cross-section showing the channel of the stream, elevation
of land areas adjoining each side of the channel, cross-sectional areas
to be occupied by the proposed development, high water information,
all drainage areas, all land forms and adjacent marshes, wet areas and
water bodies.
c. plans (surface view), including a survey by a Minnesota registered
land surveyor, showing elevations or contours of the ground, pertinent
obstruction elevations, size, location, and spatial arrangement of all
proposed and existing obstructions on the lot, location and elevations
of streets, water supply and sanitary facilities, photographs showing
existing land uses and vegetation upstream and downstream, and soil
types.
d. profile showing the slope of the bottom of the channel or flow line
of the stream.
e. specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel improvement,
storage of materials, water supply (including withdrawal and
discharge of ground and surface water) and sanitary facilities.
f. description of the water quality if other than a municipal water
system is used, maximum yearly withdrawal of ground water, and the
impact on the receiving creek, marsh, wet area or water body of
discharged surface and ground water.
g. statement of the private and public benefits anticipated from the
proposed activity, the alternatives to the proposed activity, the effect
of the proposed activity on the capacity of the floodplain and on flood
heights, and the adverse effect, if any, on the floodplain and the creek,
marshes, wet areas and water bodies in the floodplain which cannot be
avoided if the special permit or variance is granted.
I
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.
850-114 Supplement 2002-1
City of Edina Land Use, Platting and Zoning 850.21
E. Issuance of Conditional Use Permit. Upon approval of the application therefor by
the Council, the Planner shall issue the conditional use permit. However, prior to
issuance of the permit, the Planner shall determine that the applicant has obtained all
necessary State and federal permits for the conditional use.
F. Issuance of Variance; Reports. Upon approval of the application therefor by the
Board, or the Council upon any appeal of a decision of the Board, the Planner shall
issue the variance. However, prior to issuance of the variance, the Planner shall
determine that the applicant has obtained all necessary State and federal permits for
the obstruction or use allowed by the variance.
G. Recommendation of, and Technical Assistance from, Watershed District. The
Planner, Board, Commission or Council shall, at any time and relative to each
application, use or obstruction, transmit the information received to the appropriate
watershed district for advice, recommendations or technical assistance as to the
hydrological effect or general impact of any such application, use or obstruction on
the floodplain, flood heights, flood velocities or as to the seriousness of flood
damage to the use, the adequacy of plans for protection, compliance with this
Subsection 850.21 or other technical matters. The Planner, Board, Commission or
Council shall withhold decision on granting or allowing any conditional use permit,
variance use or obstruction until such advice, recommendations or assistance are
received.
H. Certificate of Zoning Compliance. Upon completion of any work or project
pursuant to a conditional use permit or variance granted pursuant to this Subsection
850.21, and prior to the use or occupancy of the land or obstruction permitted by the
conditional use permit or variance, a certificate of zoning compliance shall be issued
therefor by the Planner stating that the use of the land or obstruction conforms to the
requirements of this Subsection 850.21. Prior to issuance of such certificate, the
applicant therefor shall submit a certification by a registered professional engineer,
architect or land surveyor, as appropriate, that the permitted obstructions, including,
but not limited to, finished fill and building floor elevations, flood proofing or other
flood protection measures, have been completed in compliance with the provisions of
this Subsection and in compliance with the information given to the City in
connection with the application for the conditional use permit or variance.
I. Records of Elevation. The Building Official shall maintain a record of the
elevation of the basement floor, or first floor if there is no basement, of all structures
constructed or placed in the Floodplain District from and after April 23, 1980, and of
all additions made after April 23, 1980 to structures in the Floodplain District as of
April 23, 1980. The Building Official shall also maintain a record of 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.
850-115 Supplement 2002-1
i
City of Edina Land Use, Platting and Zoning 850.21
Subd. 11 Powers and Duties of Zoning Board of Appeals, Procedures for Variances
and Appeals, Conditional Use Permits.
A. Zoning Board of Appeals.
1. Powers and Duties. The Board shall hear and decide all appeals in which it
is alleged there is an error in any order, requirement, decision or
determination made by an administrative officer in the enforcement of this
Subsection 850.21, and all requests for variances in connection with this
Subsection, in the same manner, including notices, as it hears and decides
appeals and requests for variances under Subsection 850.04, except as
otherwise herein provided.
2. Procedure for Variances. After receipt by the Board of the report of the
Planner, together with the application for a variance and initial information
requested by the Planner, the Board shall hear and decide upon such
application in the same manner, including notices, as it hears and decides
upon variances under Subsection 850.04, except:
a. no variance shall have the effect of permitting a residential structure
to be at a lower elevation than the regulatory flood protection
elevation for the individual property under consideration;
b. no variance shall have the effect of permitting a non-residential
structure to be at a lower elevation than the regulatory flood
protection elevation for the individual property under consideration
unless such structure is floodproofed to the FP-1 or FP-2 classification
in the Building Code;
c. no variance shall allow standards or criteria lower than those
required by applicable State Law; and
d. in deciding upon any variance the Board shall also consider the
policies and purposes of this Subsection 850.21 and all of the
applicable standards and conditions set out in this Subsection, and the
degree of conformity with such standards and conditions as will result
if the variance is granted.
3. Procedure for Appeals. Appeals to the Board shall be made and acted upon
by the Board, and, if appealed to the Council, such appeal shall be made, and
shall be heard and acted upon, by the Council in accordance with the
provisions, including notices, of Subsection 850.04, relative to the subject
matter of the appeal.
B. Conditional Use Permits, Factors to Consider.
1. Planning Commission. The Commission shall hear all requests for
conditional use permits under this Subsection 850.21, and shall make its
recommendation to the Council, in the same manner, including notices, as it
hears and reviews applications for conditional use permits under Subsection
850-116 Supplement 2002-1
City of Edina Land Use, Platting and Zoning 850.21
850.04.
2. Council. The Council shall hear all requests for conditional use permits
under this Subsection 850.2 1, 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 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
850-117 Supplement 2002-1
City of Edina Land Use, Platting and Zoning 850.21
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 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
850-118 Supplement 2002-1
City of Edina Land Use, Platting and Zoning 850.21
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 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
850-119 Supplement 2002-1
I
City of Edina Land Use, Platting and Zoning 850.21
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 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. II
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.
850-120 Supplement 2002-1
City of Edina Land Use,Platting and Zoning 850.21
B. All amendments shall be submitted to the Board of Managers of the Nine Mile
Creek Watershed District and the Minnehaha Creek Watershed District, the
Commissioner, and the Federal Emergency Management Agency, and shall be
approved by the Commissioner and the Federal Emergency Management Agency
prior to adoption.
C. The Commissioner also shall be given at least ten days prior written notice of all
hearings to consider amendments to this Subsection 850.21, including a draft of the
proposed amendment and any pertinent technical study.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825-A1 not published;
amended by 825-A21-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A512-24-86, 825-A612-24-86,
825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825-A10 not granted; 825-A11 9-2-87, 825-Al2
12-24-86; 825-A13 referred to staff--Council minutes 1-16-87; amended by 825-A1412-24-86, 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-A2710-30-91; amended by
825-A28 5-03-89, 825-A29 5-03-89, 825-A3012-13-89, 825-A31 10-25-89, 825-A32 12-20-89, 825-
833 1-31-90, 825-A34 8-29-90, 825-A35 8-29-90, 825-A36 8-29-90; 825-A37 reconsidered; 825-
A38 11-28-90. 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-I8-97; 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 11-5-97; Ord 850-A13, 2-17-98; Ord 850-A14, 5-18-98; Ord 850-A15,
9-22-98; Ord 1999-I1, I1-16-99; Ord 850-A16, 2-15-00; Ord 2000-4, 2-15-00; Ord 850-A17 4-18-
00; Ord 850-A18 7-5-00; Ord 2000-7 7-5-00,-Ord 850-A1916-00; Ord 850-A20 6-19-01; Ord 850-
021 6-19-01; Ord 2001-03, 6-19-01; Ord 2001-7 10-3-01; Ord No. 850-A22 3-19-02; Ord No.
2002-03, 6-18-02
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross-Reference: Sections 185, 705, 1045, 1310, 1345, 1405
Note: The Federal Emergency Management Agency ("FEMA') has established criteria for
removing the special flood hazard area designation for certain structures properly elevated on fill
above the 100 year flood elevation. FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi-structure or multi-lot developments. These standards
should be investigated prior to initiation of site preparation if a change of special flood hazard area
designation will be requested.
850-121 Supplement 2002-1
City of Edina Misdemeanors and Nuisances 1060.06
Section 1060 - Curfew for Minors; Responsibility
1060.01 Curfew for Persons 14 and Under. It shall be unlawful for any person 14 years
of age or under to be on or present in any public street, avenue, alley, park, place of
business, or other public place in the City between the hours of 10:00 P.M. and 5:00 A.M.
unless accompanied by such person's parent, guardian, or other person having legal custody
or unless there exists a reasonable necessity for it. The fact that such person,
unaccompanied by parent, guardian, or other person having legal custody, is found upon
any street, alley, or public place between the hours of 10:00 P.M. and 5:00 A.M. shall be
prima facie evidence that the person is there without reasonable necessity.
1060.02 Curfew for Persons Over 14 and Under 18. It shall be unlawful for any person
over the age of 14 years and under the age of 18 years to be on any public street, avenue,
alley, park, place of business or other public place in the City between the hours of 12:00
midnight and 5:00 A.M., unless accompaniedquch person's parent, guardian or other
person having legal custody or unless there exists a reasonable necessity for it. The fact
that such person, unaccompanied by parent, guardian or other person having legal custody,
is found upon any street, alley, or public place between 12:00 midnight and 5:00 A.M.
shall be prima facie evidence that such person is there without reasonable necessity.
1060.03 Responsibility of Parents and Guardians. It shall be unlawful for any parent,
guardian, or other person having legal custody of a person under the age of 18 years to
knowingly permit the person to violate the provisions of Subsection 1060.01 or 1060.02.
1060.04 Responsibility of Operators of Public Places. It shall be unlawful for any person,
operating or in charge of any place of amusement, entertainment, or refreshment, or any
other place of business to permit any person under the age of 18 years to loiter, loaf or idle
in such place during the hours prohibited by this Section.
Whenever the owner or person in charge or control of any place of amusement,
entertainment, refreshment, or other place of business shall find persons under the age of
18 years loitering, loafing or idling in such place of business, the owner or person shall
immediately order such person to leave, and if such person refuses to leave the place of
business,the operator shall immediately notify the City Police Department and inform them
of this violation.
1060.05 Code Provision not Permissive. This Section shall not be construed as permitting
the presence at any time of any person under the age of 18 years in any place where that
person's presence is now prohibited by provisions of State Law or this Code.
1060.06 Arrest; Notification of Parents. Any member of the City police force is authorized
to arrest, with or without warrant, any person observed to be violating the provisions of
1060 - 1
i
City of Edina Misdemeanors and Nuisances 1060.06
Subsections 1060.01, 1060.02, or 1060.04 and shall notify as soon as reasonably possible
the parents, guardian or person having legal custody of any person so arrested.
History: Ord 1051 codified 1970
1060 - 2
City of Edina Trades and Occupations 1350.05
Section 1350 - MOTION PICTURES AND COMMERCIAL PHOTOGRAPHY
1350.01 Purpose and Objectives. The purpose of this Section is to establish standards to
protect the health, safety and the general welfare of the public from the undesirable effects
associated with the filming of motion pictures and other commercial filming or photography.
1350.02 Definitions. The term "commercial photography" as used in this Section means all
activities associated with the production of motion photography or still photography for which
a fee is charged for the use, reproduction or showing of the product of the photography
including: motion pictures, commercials, advertisements, videos or other similar products.
1350.03 Permit Required; Exception. No person shall engage in commercial photography
on any privately owned property, publicly owned property, or public rights of way unless a
permit has been procured therefor. Provided, however, no permit shall be required for the
following:
A. Commercial photography taking place on non-residential property or public rights
of way provided that publicly owned property or public rights of way are not used
for staging, storage or parking vehicles or equipment.
B. Commercial photography intended only for the use and enjoyment of those
individuals whose person or property are being filmed and for which there is no
commercial value such as family portraiture and wedding photography.
C. Commercial photographers lawfully operating as a customary home occupation
pursuant to Section 850 of this Code.
1350.04 Application. The provisions of this Subsection are in addition to the requirements
of Section 160 of this Code. Any person or persons desiring a permit to conduct commercial
photography shall make application therefor on a form provided by the Clerk. The applicant
shall set forth the name, address, telephone number and date of birth of the person responsible
to fulfill the obligations of the applicant, the location of the place where the commercial
photography will take place; whether the commercial photography involves still photography
or motion photography; the time and duration of the filming and related activities; whether or
not artificial lighting will be used; a description of the types and numbers of equipment that will
be used; a description of proposed parking areas, street and sidewalk closures, and outdoor
staging areas; a description of the proposed use of City equipment and personnel; and an
estimate of personnel and equipment needed for the purpose of crowd control, security, traffic
control and other public safety needs.
1350.05 Fee. The fee for a permit required by this Section shall be in the amount set forth in
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Section 185 of this Code. The City may also establish and charge a fee for the rental of City
owned property for commercial photography. In addition to the permit fee, the applicant shall
pay all costs and expenses incurred by the City in connection with the commercial photography.
Such costs and expenses shall include, but not be limited to, charges for personnel, equipment
and damage to streets and other public property. Based upon the information contained in the
permit application, the applicant shall deposit with the Clerk a prepayment of the City's
estimated costs and expenses. At the conclusion of the commercial photography, actual costs
below or in excess of the estimate will be refunded by the City or paid by the applicant as the
case may be.
1350.06 Review and Approval Process. The provisions of Section 160 of this Code shall
apply to all permits required by this Section and to the holders of such permits. Applications
for permits to allow commercial photography sessions shall be reviewed and approved as
follows:
Subd. 1 Manager Issuance. The Manager shall issue or deny applications for the
following:
A. Commercial photography that does not exceed three consecutive days in duration
provided that no outdoor filming or outdoor artificial lighting take place before 7:00
A.M. or after 10:00 P.M.
B. Commercial photography where all filming takes place indoors and all parking,
storage and staging needs are accommodated on the property subject to the the permit.
Such permits shall not exceed 10 days in duration.
C. Commercial photography taking place only on City park property provided that
no outdoor filming or outdoor artificial lighting take place before 7:00 A.M. or after
10:00 P.M.
�INo permit shall be issued unless the Manager finds
1. The commercial photography will not endanger the public health, safety, morals,
or general welfare,
2. The commercial photography will not cause undue traffic hazards, congestion or
parking shortages,
3. The commercial photography will not create an excessive burden or result in
damage to parks, streets, rights of way or other public property, and
4. No commercial photography permit has been issued during the preceding 180
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days for a location within 500 feet of the location described in the application.
Provided, however, the Manager may waive this requirement and issue a new permit
if the Manager finds that the purpose and objectives of this Section will be furthered
by the issuance of the new permit. The Manager may require the applicant to submit
evidence satisfactory to the Manager that demonstrates that properties located in the
vicinity of the location proposed for commercial photography will not be adversely
effected by the issuance of a new permit.
Subd. 2 Council Issuance. The Council shall issue or deny permit applications which
may not be issued by the Manager under Subd. 1 of this Subsection. Following the receipt
of an application for such a permit, 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 ten days before the hearing to each owner of property situated wholly or
partly within 500 feet of the lot or tract to which the application relates so far 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 meeting. The Council shall not grant a permit unless it
finds:
1. The commercial photography will not endanger the public health, safety, morals,
or general welfare,
2. The commercial photography will not cause undue traffic hazards, congestion or
parking shortages,
3. The commercial photography will not create an excessive burden or result in
damage to parks, streets, rights of way or other public property, and
4. No commercial photography permit has been issued during the preceding 180
days for a location within 500 feet of the location described in the application.
Provided, however, the Council may waive this requirement and issue a new permit
if the Council finds that the purpose and objectives of this Section will be furthered
by the issuance of the new permit. The Council may require the applicant to submit
evidence satisfactory to the Council that demonstrates that properties located in the
vicinity of the location proposed for commercial photography will not be adversely
affected by the issuance of a new permit.
1350.07 Conditions. The Manager or the Council, as the case may be, may impose conditions
and restrictions upon the permit holder as deemed necessary for the protection of the public
interest and properties located in the vicinity and to ensure compliance with the requirements
of this Code. The Manager or the Council, as the case may be, may require that the applicant
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submit evidence that a notice describing the proposed commercial photography including the
proposed dates thereof has been mailed to all affected property owners as determined by the
Manager. If so required, this notice shall be mailed following the issuance of the permit but not
less than five days prior to the date the commercial photography will begin.
1350.08 Insurance; Indemnity. The Manager or the Council, as the case may be, may
require the applicant to file with the Clerk a public liability insurance certificate, issued by an
insurance company authorized to do business in the State. The policy shall insure the applicant
and name the City as an insured in the sum of not less than$1,000,000. The applicant shall also
indemnify and hold the City and the City's officials harmless from any loss, cost, damage and
expense arising out of the use of any premises for commercial photography.
1350.09 Bond or Letter of Credit. The Manager or the Council, as the case may be, may
require the applicant to post a bond or letter of credit as a condition to the issuance o f a permit.
If so required, the applicant shall file with the Clerk a surety bond that is valid and in fo rce and
effect in a sum as determined by the Manager or the Council and which complies with the
requirements of Section 160 of this code. At the option of the applicant, a letter of credit or
cash deposit may be used in lieu of the bond. The letter of credit shall be irrevocable and
unconditional, issued by a national or state bank with its main office located in the Minneapolis-
St.Paul metropolitan area, and otherwise shall be on terms approved by the Manager. The bond
or letter of credit shall be conditioned upon compliance by the applicant with this Section and
other provisions of the City Code and payment to the City of all fees, expenses, fines and
penalties required by this Code or State Law and payment to the City of any damage the City
may sustain by reason of such commercial photography.
1350.10 Duties of Permit Holder. Every permit holder under this Section shall:
A. Use only designated streets and parking areas.
B. Promptly restore all public property, streets, sidewalks and rights of way to their
original condition or better.
C. Comply with all conditions and restrictions of the permit.
D. Promptly undertake and complete all filming and related activities.
History: Ord 1996-3 adopted 12-16-96
Cross Reference: Seciton 160, 185
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