HomeMy WebLinkAbout2002-01 Supplement Old Pages t
Memorandum
Date: 7/11/02
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement 2041
1 am sending you the newest update for your Edina City Code book. This supplement contains
all ordinances adopted by the City Council through June 2002. Please replace the following
pages as noted:
Table of Contents -Remove and replace entire table of contents
Section 185-Remove all of Schedule Wand replace with the attached,amended by
Ordinances No.2002-1 and 2002-2
Section 300-Replace pages 300-9 and 300-10 amended by Ordinance No.20024
providing special provisions relating to dogs used for law enforcement purposes.
Section 800—Remove entire section and replace with new Section 801.Changed by
Ordinance No.202-3 Heritage Preservation
Section 850—Replace Pages 850-63 and 850-64 correcting a typographical error on
850-64
Section 850—Replace pages 850-97—850-121 amended by Ordinance No.2002-3
Heritage Landmark designation
Section 1000 -Replace pages 1000-3 and 10004 amended by Ordinance No.2002-
4 providing special provisions relating to dogs used for law enforcement purposes.
Feel free to contact me with any questions regarding this supplement or Edina's Code.
I would also like to note that the City's Code can also be found on our web site at
www.ci.edina.mn.us.And please be sure to let me know if you spot an error so it can
be corrected with the next supplement. Thanks!
CITY OF EDINA CODE
TABLE OF CONTENTS
Ordinance No. 1 - An Ordinance Codifying the General Ordinances of the City of Edina, Minnesota;
Adopting a New City Code; Retaining Certain Ordinances; and Repealing
Certain Ordinances
CHAPTER 1. GENERAL CODE PROVISIONS AND ADMINISTRATION
Section 100 - City Code; Penalties for Violation
Section 105 -Definitions
Section 110 - Incorporation of State Law
Section 115 - The Council, Officer and Surety Bonds
Section 120 - Salaries for Council Members
Section 125 -Registration of Voters
Section 126 -Absentee Ballot Board
Section 130 - Election of Council Members
Section 140 -Human Relations Commission
Section 145 -Recycling and Solid Waste Commission
Section 150 -Personnel Policy
Section 155 -Disposal of Unclaimed Property
Section 160 - General Licensing Procedure
Section 165 -License Registration and Bond for Building Trades
Section 175 -Notice of Violation
Section 180 -Removal of Members of Boards, Commissions, and Committees
Section 185 - Fees and Charges
CHAPTER 2. PUBLIC DANCES LAWFUL GAMBLING & AMUSEMENT DEVICES
Section 200 - Public Dances
Section 215 - Gambling
Section 220 -Mechanical Amusement Devices
CHAPTER 3. ANIMALS
Section 300 - Animal Control and Licensing
CHAPTER 4. BUILDINGS, CONSTRUCTION& SIGNS
Section 400 - Construction Board of Appeals
Section 405 - Landscaping, Screening and Erosion Control
Section 410 - Building Code
Section 415 - Moving of Buildings
Section 421 -Right-Of-Way Management
Section 425 -Littering in the Course of Construction Work
1
Section 430 - Regulating Installers of Gas Piping or Gas Burning Systems, Oil Burners,
Stokers, Steam or Hot Water Heating Systems, Mechanical Warm Air
Heating and Air Conditioning Systems, Refrigeration Systems, Plumbing and
Water Conditioning Equipment
Section 435 -Regulating Mechanical and Gas Piping Work
Section 440 -Regulating Plumbing and Installation of Water Cooling Equipment
Section 445 - Requiring Connections to Sanitary Sewer and Water Systems; Regulating
Discharges into Sanitary Sewer System
Section 450 - Swimming Pools
Section 455 - Public Bathrooms and Restrooms
Section 460 - Signs
Section 470 -Dangerous or Substandard Buildings
Section 475 -Parking Ramps
Section 480 - Exterior of Single Dwelling Unit and Double Dwelling Unit
CHAPTER 5. CIVIL DEFENSE AND EMERGENCIES
Section 505 - Civil Defense and Emergency Regulations
CHAPTER 6. FIRE PROTECTION
Section 600 -Fire Department
Section 605 -Fire Codes, Bureau of Fire Prevention and Fire Lanes
Section 615 -Fire Extinguishers
Section 620 - Commercial Cooking Ventilation Systems
Section 625 -Fire Protection Systems
Section 635 - False Fire Alarms
CHAPTER 7. HEALTH
Section 700 - Community Health Board, Department of Health and Sanitarian
Section 705 - Storage, Collection and Disposal of Refuse and Compostable Materials
Section 710 -Private Sewage Disposal Systems
Section 715 - Mandatory Separation, Storage and Disposal of Recyclables
Section 716 -Recycling Service Charges
Section 721 -Food Establishments and Food Vending Machines
Section 725 -Public Health, Housing and Housing Equipment
Section 735 - Hotels, Lodging and Boarding Houses
Section 740 -Ventilation of Parking Garages for Multiple Dwellings
CHAPTER 8. LAND USE, PLATS AND ZONING
Section 800 -Heritage Preservation Board
Section 805 -Planning Commission
Section 810 - Plats and Subdivisions
Section 815 - Radio and Television Antennas and Towers
2
Section 820 -Vacation of Streets, Alleys, Public Ways and Utility Easements
Section 830 - Tree Removal, Grading and Excavation
Section 835 - Comprehensive Plan
Section 845 -Restricted Access Parking Lots
Section 850 -Zoning
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
Section 905 - Open House Parties
CHAPTER 10. MISDEMEANORS AND NUISANCES
Section 1000 - Crimes and Forbidden Conduct
Section 1005 - Certain Dangerous Weapons
Section 1010 - Prohibiting Certain Conduct In, On, or Near Schools
Section 1015 - Hoax, Obscene or Annoying Telephone Calls and Bomb Threats
Section 1020- False Automatic Alarms
Section 1030 - Possession, Purchase or Delivery of Controlled Substances
Section 1035 - General Nuisances
Section 1040 -Noises Disturbing the Public Peace
Section 1046 -Parking and Storage of Vehicles and Equipment
Section 1050 - Maintenance of Vegetation
Section 1055 - Control and Prevention of Shade Tree Diseases
Section 1060 - Curfew for Minors; Responsibility
Section 1065 - Prohibiting and Regulating Picketing
Section 1070 - Abatement of Nuisances
Section 1075 - Steel Jawed Traps
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
Section 1105 - Sewer and Water Connection Charges
Section 1110 - Storm Water Drainage Utility; Charges
Section 1115 - Water Emergencies and Irrigation Bans
CHAPTER 12. STREETS AND PARKS
Section 1200 - Use and Maintenance of Streets, Alleys, Sidewalks, Easements, Parks, and
Other City Owned Property
Section 1205 - Curb Cuts
Section 1215 - Work Within the 50th &France Commercial Area
Section 1220 - Park Board
Section 1230 - Conduct in Parks and Public Places
Section 1235 - Municipal Parking Facilities
CHAPTER 13. TRADES AND OCCUPATIONS
3
Section 1300- Collection and Disposal of Refuse and Recyclables
Section 1305 - Scavengers
Section 1310 - Peddlers and Solicitors
Section 1315 -Advertising Material on Residential Property
Section 1326 - Sale of Tobacco; Licensing
Section 1330 - Taxicabs and Taxicab Drivers
Section 1341 -Physical Culture and Health Services and Clubs
Section 1345 - Sexually-Oriented Businesses
Section 1350 - Motion Pictures and Commercial Photography
CHAPTER 14. TRAFFIC CONTROL AND VEHICLES
Section 1400- Pedestrian, Bicycle and Vehicular Traffic, Parking, Standing and Loading
Section 1405 - Clear View Zone
Section 1410 - Impounding of Unoccupied Vehicles Found to be in Violation
Section 1415 -Abandoned Motor Vehicles
Section 1425 -Registration of Bicycles
Section 1435 - Snowmobiles, Motorcycles, and All Terrain Vehicles
4
City of Edina General Code Provisions and Administration 185.01-Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
200 200.04 Public Dance Permit $50.00 1
215 215.04 Bingo Occasion,Gambling Device, $10.00 per permit 5
Raffle Permit
220 220.04 Machine Or Amusement Device License $15.00 annually per establishment,plus 10
$15.00 per machine 11
300 300.02, Redemption Of Impounded Animals $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/l/02)Supplement 2001-01
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 phis$9.00 33
for each additional$1,000.00 or fraction
thereof to and including$50,000.00
$50,001.00 to$100,000.00 * $574.75 for first$50,000.00 plus$6.25 34
for each additional$1,000.00 or fraction
thereof to and including$100,000.00
$100,001.00 to$500,000.00 * $887.25 for the first$100,000.00 plus 35
$5.00 for each additional$1,000.00 or
fraction thereof to and including
$500.000.00
$500,001.00 to$1,000,000.00 * $2887.25 for the first$500,000.00 plus 36
$4.25 for each additional$1,000.00 or
fraction thereof to and including
$1,000,000.00
$1,000,001.00 and up * $5012.25 for the first$1,000,000.00 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, Indenmity Deposit For Damages $530.00,unless licensed by Conunissioner of Transportation 46
Subd.3 Sustained By Moving Of Building
421 421.03 R-O-W Work Annual Registration $200.00 50
185-3 (Effective 1/1/02)Supplement 2001-01
City of Edina General Code Provisions and Administration 185.01-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 hnstallers
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. 168.70 60
Warm Air Heating And Air Conditioning Commercial-$27.00 plus surcharge pursuant to M.S. 1613.70 61
Or Refrigeration Permit Fee Calculations:
$0-$1,000 *$16.00 plus 3.10%>$500.00 62
$1,001 -$5,000 *$31.50 plus 2.60%>$1,000.00 63
$5,001 -$10,000 *$135.50 plus 2.15%>$5,000.00 64
$10,001 -$25,000 *$243.00 plus 1.85%>$10,000.00 65
$25,001 -$50,000 *$520.50 plus 1.65%>$25,000.00 66
$50,001 and over *$933.00 plus 1.30%>$50,000.00 67
*Plus surcharge pursuant to M.S. 1613.70
440 440.04 Plumbing Or Water Conditioning Permit Fees same as for gas piping permit(See 435 above) 75a
440 440.04 Water Conditioning Equipment $22.00 plus surcharge pursuant to M.S. 1613.70 76
Installation Permit
440 440.04 Installation Or Testing Of RPZ Backflow $27.00 77
Preventers
185-4 (Effective 1/1/02)Supplement 2001-01
City of Edina General Code Provisions and Administration 185.01—Schedule A
SECTION SUBSECTION PURPOSE OF FEF,OR CHARGE AMOUNT FEE NO.
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. 1
460 460.06, Courtesy Bench Sign Permit $15.00 per year 86
Subd. 1
460 460.06, Sign Variance Fee $125.00-Residential Property 87
Subd.6. $250.00-Commercial Property 88
475 475.03, Parking Ramp License $100.00 per year 90
Subd. 1
605 605.07 Permits Required By UFC Minimum fee: $75.00 95
Special Hazard Permit: Class I: General hazard and fire safety inspections requiring a special hazard 96
permit-$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
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
185-5 (Effective l/l/02)Supplement 2001-01
City of Edina General Code Provisions and Administration 185.01 -Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
625 625.03 Sprinkler Permit Fees: Per Number of Heads: 110
1 -5 *$50.00(minimum fee)
6-25 *$75.00
26-50 *$145.00
51 -75 *$190.00
76- 100 *$225.00
101 - 125 *$255.00
126- 150 *$270.00
151 - 175 *$290.00
176-200 *$310.00
201 plus *$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.t9 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
721 721.03 Subd 1 Restaurant Plan Review Fee 100%of Risk Category Fee 146
185-6 (Effective 1/1/02)Supplement 2001-01
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 for 50%of Risk Category Fee 147
Remodeling
Minimum Restaurant Plan Review Fee $75.00 148
735 735.03 Lodging establislunent $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
850 850.04, Variance Fee Residential $175.00 190
Subd. 1 C. Commercial $300.00 191
185-7 (Effective 1/l/02)Supplement 2001-01
City of Edina General Code Provisions and Administration 185.01 -Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
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.1 a
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. 1 D.
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
Houses,Two-Family Dwellings, From 1601 cubic feet&over $1.89 per 100 cubic feet 236
Apartment Building Containing Four Or
Less Dwelling Units:
Apartment Buildings With More Than $26.00 per quarter for each unit over four,or$1.89 per 100 cubic feet of water 237
Four Dwelling Units used during the quarter whichever is greater.
185-8 (Effective l/1/02)Supplement 2001-01
City of Edina General Code Provisions and Administration 185.01 —Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
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. $1.86 per 100 cubic feet-Morningside area and for east side of Beard 243
Av. from West 54°i St.to Fuller St,and both sides of Abbott Pl.from
West 54°i 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 Lich 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 1105.0 1,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
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
185-9 (Effective 1/1/02)Supplement 2001-01
City of Edina General Code Provisions and Administration 185.01—Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
1300 1300.02, Refuse or Recycling Hauler's License $275.00 per year for I"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 2001-01
City of Edina - Land Use, Platting and Zoning 800.03
CHAPTER S. LAND USE, PIATTING AND ZONING
Section 800 - Heritage Preservation Board
800.01 Policy and Establishment. The Council, believing that the preservation of
buildings, lands, areas or districts which possess historical or architectural significance will
promote the educational, cultural, and general welfare of the residents of the City, does
continue the Heritage Preservation Board (the "Board") under the Planning Commission.
800.02 Purpose. The Board shall assist and advise the Council, Manager, Planning
Commission and Park Board on all matters concerning the identification and preservation
of buildings, lands, areas or districts, wholly or partly within the City, which are of
particular historical or architectural significance or which possess particular cultural or
educational value. The Board shall review and recommend policies and programs, and
promote interest within the City, for the identification and preservation of such buildings,
lands, areas or districts.
800.03 Duties and Responsibilities. The Board shall:
Subd. 1 'Designate Space for Heritage Preservation. Designate buildings
(including interiors where appropriate), lands, areas or districts in the City for
heritage preservation in the following manner:
A. The Board, from time to time, on its own motion and also at the request
of the Council directed to the Planning Commission and the Board, shall
investigate, determine and report on the buildings, lands, areas or districts
within the City to be considered for preservation. Any such report may
include any one or more buildings, lands, areas or districts.
B. Only such buildings, lands, areas or districts shall be considered which:
1. Exemplify or reflect the broad cultural, political, economic or
social history of the nation, state or community; or
2. Are identified with historic personages or with important events
in national, state or local history; or
3. Embody the distinguishing characteristics of an architectural type
specimen inherently valuable for a study of a period, style, method of
construction, or of indigenous materials or craftsmanship; or
4. Due to unique location or singular physical location, or singular
physical characteristics, represent an established and familiar visual
800 - 1
City of Edina Land Use, Platting and Zoning 800.04
feature of a neighborhood or district of the City, or
5. Are identified as the work of an architect or builder which has
influenced the development of the City.
C. The report shall be forwarded to the Planning Commission for review.
D. Upon receipt of the Board's report, the Planning Commission shall review
the same and forward its written recommendation and reasons for it,
accompanied by the report of the Board, to the Council for designation of
any, all or none, of the buildings, lands, areas or districts contained in the
Board report for heritage preservation.
E. At the time the Planning Commission forwards its recommendation to the
Council it shall also forward its recommendation and the report of the Board
to the Minnesota Historical Society and the Edina Historical Society for their
review and comment to the Council within 60 days.
Subd. 2 Review of Permits. Review and make recommendations, pursuant to
Subsection 800.04, for approval or disapproval of permits to do any of the work for
which a permit is required in the Heritage Preservation Overlay District, pursuant
to Subsection 850.20 of this Code and in accordance with the Secretary of the
Interior's Standards for Heritage Preservation projects. The Board shall make its
recommendation for approval or disapproval of a permit within 60 days after
receiving the report and recommendation of the Planner on the application, and give
its reasons for approval or disapproval, and recommendations, if any, for changes
necessary to be made for approval of the permit.
Subd. 3 Recommend Acquisitions and Variances. Make recommendations for
acquisitions and variances pursuant to Subsection 800.04.
800.04 Decision of the Board on Permits. Before making its recommendations for
approval or disapproval of any permit, the Board shall consider and make written findings
in regard to the following:
Subd. 1 Proposed Remodeling, Repair or Alteration. In the case of a proposed
remodeling, repair or alteration of an existing building or structure, whether such
work will materially impair the architectural or historical significance or value of the
building or structure. The Board shall include in its findings, information as to the
existing structures and existing exterior appearance,building height, building width,
depth, or other dimensions, roof style, type of building materials, ornamentation,
setbacks, color and physical location and surroundings of the building or structure.
Subd. 2 Proposed Change in Nature or Appearance of Land. In the case of any
800 - 2
City of Edina " Land Use, Platting and Zoning 800.05
proposed change in the nature or appearance of the land, whether such change will
materially impair the historical significance or value of the land or the buildings or
structure thereon or of the district. The Board shall include in its findings
information as to the existing physical characteristics of the land, buildings and
structure, and such other matters as may be pertinent.
Subd. 3 Proposed Moving or Demolition. In the case of the proposed moving or
demolition, in whole or in part, of a building or structure, whether,such building
or structure is of architectural or historical value, and whether such moving or
demolition will materially impair the architectural or historical significance or value
of the land or other buildings on it. The Board shall include in its findings
information as to:
A. Architectural and historical merit of the building or structure;
B. The effect on surrounding buildings and structures;
C. The effect of any new proposed construction on the remainder of the
building or structure (in case of partial demolition), and on surrounding
buildings and structures; and
D. The economic value or usefulness of the building or structure as it now
exists, or if moved or demolished, in whole or in part, in comparison with
the value or usefulness of any proposed buildings or structures designated to
replace the present building or structure.
Subd. 4 Proposed New Building or Structure. In the case of a proposed new
building or structure, whether such building or structure in itself, or by reason of
its location on the site, will materially impair the architectural or historic value of
the land or buildings or structures on the site, the property or the architectural or
historic value of adjacent land or buildings or structures on the site.
800.05 Recommendations for Acquisition, Transfer of Development Potential and
Variances.
Subd. 1 Acquiring Property. In the event that the Board finds the buildings,
lands or areas within the Heritage Preservation Overlay District cannot be preserved
without acquisition, the Board shall recommend to the Council that the property in
question, or an interest in the property be acquired by gift, by negotiation or by
eminent domain.
Subd. 2 Assigning Other Designated Property to an Area other than Heritage
Preservation Overlay District. If the Board finds that buildings, lands or areas
within a Heritage Preservation Overlay District cannot be preserved unless funds are
made available to the owner of the property within such district, through the sale
800 - 3
City of Edina Land iJse, Platting and Zoning 800.08
or lease of undeveloped potential of the preserved site to other designated private
property not within such district, the Board may recommend to the Planning
Commission and Council that the floor area that would normally be allowed to be
constructed on the designated property,which is in excess of the actual development
on the designated area, be assigned to other designated property and the additional
floor area constructed there.
Subd. 3 Variances Granted from Enforcement of Section 850. The Board may
recommend to the Zoning Board of Appeals that. variances from the strict
enforcement of Section 850 of this Code be granted when the Board finds that such
variances are necessary to alleviate undue hardship (as defined in Section 850 of
this Code) because of circumstances unique to the individual property under
consideration and resulting from inclusion of the property within the Heritage
Preservation Overlay District.
800.06 Other Duties. In addition to those duties already specified, the Board shall:
A. Solicit gifts and contributions to be made to the City for the purpose of heritage
preservation, with the prior consent of the Council.
B. Upon request of the Council, assist in the preparation of applications for grant
funds to be made to the City for the purpose of heritage preservation.
C. Make application for designation of any property as a state or national historic
site, or application to the National Register, with the prior consent of the Council.
D. Conduct surveys to determine the historic significance of properties or districts
to be considered for local designation.
800.07 Membership. The Board shall consist of seven members appointed by the Mayor
with the consent of a majority of the Council. One member shall be a member of the
Hennepin County Historical Society. Members of the Board shall have an interest in
preservation of the heritage of the City, shall be residents of the City, shall be appointed
for a term of two years and serve until a successor shall have been appointed. Persons
knowledgeable in the field of history, architecture, design, law, urban planning and real
estate valuations shall especially be considered for appointment. Upon termination of a
member's term, that member's successor shall be appointed for the remainder of such term.
Members of the Board shall serve without compensation and may resign voluntarily or be
removed by majority vote of the Council or pursuant to Section 180 of this Code.
Members who discontinue legal residency in the City shall be automatically removed from
office effective as of the date of such discontinuance.
800.08 Organization. The Board shall:
A. Elect from its members a chair and vice chair, each of whom shall serve for a
800 - 4
it
City of Edina Land Use, Platting and Zoning 800.10
period of one year.
B. Adopt such bylaws as shall be necessary or desirable for the conduct of its
business.
C. Appoint a secretary from its membership or request assignment of a staff
secretary to be furnished by the City. If a secretary is assigned by the City, the
secretary shall perform only such clerical duties on behalf of the Board as may be
assigned by the chair with the consent of the Manager. Additional advisory staff
may be assigned to the Board by the Manager.
800.09 Meetings. All meetings of the Board shall be open to the public, be governed by
Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The Board shall
hold its regular meetings on such fixed date and in such fixed place as it from time to time
shall determine. The minutes of all meetings shall be recorded and a copy of it transmitted
to each member of the Council.
800.10 Repository for Documents. Pursuant to M.S. 138.17, the State Archives of the
Minnesota Historical Society shall be the repository for the following documents which
shall be supplied to it by the Board:
A. At least one copy of all studies, reports, recommendations and programs of the
Board made pursuant to this Section.
B. At least one copy of the plans for each building destroyed in the Heritage
Preservation Overlay District, if available.
History. Ord 802-A2 adopted 10-22-75
Reference. M.S. 138.17, 471.193
Cross Reference. Sections 180, 850, Subsection 850.20
800 - 5
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.
c. detached garages, tool -- 15' 3' 3'
sheds, greenhouses and
garden houses not entirely
within the yard
d. unenclosed decks and 30' 15' 5' 5'
patios
e. swimming pools, 30' 15' 5 5'
including appurtenant
equipment and required
decking.
f. tennis courts, basketball 30' 15' 5' 5'
courts, sports courts, hocke)
and skating rinks, and other
similar recreational accessoi
850-64 Supplement 2001-1
City of Edina ' Land Use, Platting and Zoning 850.20
B. Off-street parking facilities for ambulances, service trucks and automobiles owned
by tenants, employees,patients and visitors.
C. Within principal buildings having a gross floor area of 40,000 square feet or more,
ten percent of the floor area may be occupied by retail uses allowed in the PCD-1 and
PCD-2 subdistricts, if the primary function of the uses is to serve the needs of
occupants of, and visitors to, the principal use.
D. Helistops for use by helicopters involved in emergency rescue operations.
Subd. 3 Requirements for Building Coverage, Setbacks and Height.
A. FAR: 1.0.
B. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
C. Building Height. No maximum; height is determined by required setbacks.
D. Minimum Tract Area. No tract of land shall be transferred to the Regional
Medical District unless the tract measures at least ten acres in area or is contiguous to
other land in the Regional Medical District.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. All uses shall conform to the same requirements as are established by this Section
for the Planned Office District (POD).
B. All uses shall comply with the same standards for residual features as are
established by this Section for the Planned Industrial District (PID).
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 2001-1
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
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 Heritage Preservation Overlay District (HPD)
Subd. 1 Purpose. The Council believes that the preservation of the buildings, lands,
areas and districts which possess historical or architectural significance will promote the
educational, cultural and general welfare of the residents of the City, and, therefore,
establishes the zoning classification to be known as the Heritage Preservation Overlay
District.
Subd. 2 Uses, Site Requirements. The transfer of land to the Heritage Preservation
Overlay District shall not change or affect, in any way, the uses allowed on, and the
restrictions and requirements then or thereafter applicable to, the land under any other
zoning classification in which the land is then or thereafter located, all of which shall
continue to apply; but the additional restrictions of the Heritage Preservation Overlay
District shall also apply to land once transferred to the Heritage Preservation Overlay
District.
850-98 Supplement 2001-1
City of Edina ' Land Use, Platting and Zoning 850.20
Subd. 3 Procedure for Establishing Heritage Preservation Overlay District Zoning.
The transfer of land to the Heritage Preservation Overlay District shall be accomplished
pursuant to Subsection 850.04, Subd. 2, Paragraphs A. and E. However, the Commission
shall not review the petition and the Council shall not act on the petition until it has received
the report and recommendation of the Heritage Preservation Board pursuant to Section 800
of this Code. In transferring any land to the Heritage Preservation Overlay District, the
interior appearance of any buildings then located on it shall also be deemed subject to the
permit requirements of this Subsection 850.20, unless in making the transfer of any specific
parcel of land into the Heritage Preservation Overlay District, the amendment making such
transfer specifically states that the interior of any one or more buildings, specifying the same,
is not subject to the permit requirements of this Subsection.
Subd. 4 Filing of Transfer. After the transfer of any property to the Heritage
Preservation Overlay District, the Clerk shall file a certified copy of the amendment to this
Section 850 making such transfer with the office of the Register of Deeds or the Registrar of
Titles, whichever office is appropriate; but failure to file shall not affect the validity of the
transfer or the application of the provisions of this Subsection 850.20 to the property.
Subd. 5 Permit Required for Certain Work. A permit shall be required before any of
the following work is done on or to any land within a Heritage Preservation Overlay District
or in, on or to any improvements on it.
A. Any remodeling, repairing or altering that will change in any manner the exterior
appearance, or the interior appearance, of a building, unless the interior of the
building is not subject to the permit requirements of this Subsection 850.20 as set out
in the amendment transferring the land on which the building is situated to the
Heritage Preservation Overlay District.
B. Moving a building.
C. Destroying a building in whole or in part.
D. Changing the nature or appearance of the land.
E. Constructing a new building or any other structure or improvement.
Any work for which a permit is granted pursuant to this Subsection shall be subject to all
other requirements, including other permits required, for the work under other provisions of
this Code.
Subd. 6 Procedure for Obtaining Permit.
A. Application with Building Official. A permit applicant shall be the owner or
owners of the land or building upon which or to which the work is to be done. The
permit applicant shall make application for the permit required by Subd. 5 of this
Subsection 850.20 with the Building Official on forms provided by the Building
Official. The application shall be accompanied by the fee set forth in Section 185 of
this Code and shall contain at least the following information:
1. Description and address of the property;
850-99 Supplement 2001-1
City of Edina Land Use, Platting and Zoni$g 850.20
2. Names of the owner or owners;
3. Plans for the work to be done under the permit, showing the same in such
reasonable detail as the Building Official shall require; and
4. If remodeling, repairing or altering is to be done, renderings or pictures,
showing the condition of the building or buildings after completion of the
proposed work.
B. Submission to and Recommendations of Planner and Heritage Preservation
Board. The Building Official shall submit the application, with all required
information, to the Planner. The Planner shall make a report and recommendation on
the application to the Heritage Preservation Board, and the Heritage Preservation
Board, after making its findings pursuant to Section 800 of this Code, shall make its
recommendation to the Planner to approve or disapprove the issuance of the permit.
The Planner shall not authorize issuance of any permit which the Heritage
Preservation Board has disapproved.
C. Issuance of Permit. The Building Official shall issue the permit only upon receipt
of the approval of the Planner authorizing issuance of the permit.
D. Appeal by Applicant. If the Planner disapproves the issuance of the permit, the
applicant may appeal to the Board, pursuant to the provisions of Subsection 850.04,
Subd. 1 relating to appeals of administrative decisions.
E. Hearing and Order by Board. The procedure for hearings and orders by the Board
on appeals made pursuant to this Subsection 850.20 shall be the same as for other
appeals of administrative decisions made under and pursuant to 850.04, Subd. 1,
except that notice of the hearing shall be given in the same manner as a request for a
variance, and shall also be given to the Heritage Preservation Board. The decision of
the Board may be appealed to the Council pursuant to the provisions of Subsection
850.04, Subd. 1.
F. Hearing and Decision by Council. The procedure for hearings and decisions by
the Council for appeals made pursuant to this Subsection 850.20 shall be the same as
set out in Subsection 850.04, Subd. 1, except that notice of the hearing shall be given
in the same manner as a request for a variance, and shall also be given to the Heritage
Preservation Board.
Subd. 7 Maintenance of Historic Buildings and Structures. Every owner or person
in possession of a building situated on land in the Heritage Preservation Overlay District
shall keep in good repair all of the exterior portions of the building and all its interior
portions unless Subd. 3 of this Subsection 850.20 specifically states that the interior of that
building is not subject to the permit requirements of this Subsection 850.20. However, the
interior portions shall be maintained even if not otherwise required by this Subsection where
failure to maintain may cause or tend to cause the exterior portions of the building to fall
into a state of disrepair.
Subd. 8 Order to Repair,Remedies for Violation.
850-100 Supplement 2001-1
City of Edina ' Land Use, Platting and Zoning 850.20
A. Inspection. Whenever it comes to the attention of the Building Official, by
written complaint of any person or agency, or otherwise, that a building violates
Subd. 7 of this Subsection 850.20, the Building Official, shall cause a preliminary
examination to be made of the building and premises. If it then appears that the
building violates Subd. 7 of this Subsection 850.20, the Building Official shall cause
a detailed inspection of the building to be made. Upon completion of the inspection,
if it appears that the building violates Subd. 7 of this Subsection, the Building
Official shall issue a written order to its owner or occupant requiring repair.
B. Appeals. Any person who deems to be aggrieved by the order may appeal the
order to the Council by filing a written appeal with the Clerk within 30 days after the
order's date. The appeal shall fully state the order appealed from, the order's date and
the facts of the matter. When the appeal has been filed, the Building Official shall
make a written report and submit it to the Council. If no appeal is filed within the
30-day period, the order shall be final.
C. Council to Call Hearing. The Council shall examine the report of the Building
Official, and if there is probable cause to believe that the building violates Subd. 7 of
this Subsection 850.20 shall have the matter set for hearing.
D. Notice of Hearing. Notice of hearing shall be given in a form prescribed by the
Council. The form shall:
1. Set forth the street address and legal description sufficient for
identification of the premises upon which the building is located;
2. Contain a brief statement of the conditions mentioned in the report of the
Building Official which show probable cause to believe that the building
violates Subd. 7 of this Subsection 850.20;
3. State the date, hour and place of the hearing; and
4. Order all interested parties who desire to be heard in the matter to appear
before the Council to show cause why the building should not be ordered
repaired.
E. Hearing. The Council, at the hearing, shall hear and consider any evidence
offered by any person who is to be heard. The Council, at the end of the hearing, at
the same meeting or at a specified future meeting, shall make its decision, giving its
reasons, as to whether or not the building in question violates Subd. 7 of this
Subsection 850.20.
F. Order to Repair. If the Council determines that the building involved violates
Subd. 7 of this Subsection 850.20, it shall issue an order that the building or structure
be repaired. The order shall set forth the street address of the building and a legal
description of the premises sufficient for identification. It shall contain a statement of
the particulars which render the building in violation of Subd. 7 of this Subsection,
and a statement of the work required to be done. The order shall state a reasonable
time within which the work required must be begun, and shall further specify a
850-101 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
reasonable time within which the work shall be completed. The time for completion
may, by Council resolution, be extended for just causes upon written application of
any interested party.
G. Penalty for Disregarding the Order. If Council's order is not followed within the
time provided in the order, as extended, the City may make the necessary repairs
through its agents, employees or contractors. The City shall have a lien against the
property as of the date of filing a certified copy of the Council order or other
evidence, in the county office necessary to give constructive notice of the lien. The
lien shall be for all reasonable expenses incurred in making the repairs, including
administrative expenses and attorneys' fees, and including interest on all expenses
and fees from the dates incurred until paid at the same rate of interest as is payable on
unpaid fees and expenses due the City pursuant to Subsection 850.04, Subd. 6. In
addition, noncompliance shall be a violation of this Section, and the provisions of
Subsection 850.04, Subd. 9 shall apply.
850.21 Floodplain Overlay District(FD).
Subd. 1 Statutory Authorization, Findings of Fact and Purpose.
A. Statutory Authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes, Chapter 103F and Chapter 462, delegated the responsibility to
local government units to adopt regulations designed to minimize flood losses.
Therefore, the Council does adopt this Subsection 850.21.
B. Findings of Fact. In addition to the findings set forth in Subsection 850.01 of this
Code, it is hereby further found and declared that:
1. The flood hazard areas of the City are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety, and general
welfare.
2. This Subsection 850.21 is based upon a reasonable method of analyzing
flood hazards which is consistent with the standards established by the
Minnesota Department of Natural Resources.
3. Lands within floodplains, as hereafter defined, in the City, in their natural
state, are a valuable land resource.
4. Development within any such floodplain must be regulated on the basis
of, and with full consideration of, the impact on the whole of that floodplain
and on the watercourses and water bodies of that floodplain.
5. Such lands are or may be subject to loss or impairment of value and
physical degradation through uncoordinated and unplanned development.
6. Such lands are necessary and desirable to avoid rapid runoff of surface
850-102 Supplement 2001-1
City of Edina ' Land Use,Platting and Zoning 850.21
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.
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
850-103 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
floodplain includes the floodway and the flood fringe.
Floodplain District or Floodplain Overlay District. A zoning district, the
boundaries of which coincide with the boundaries of the floodplain. The floodplain
district includes the floodway and the flood fringe.
Floodplain Districts. The Floodplain District, the Floodway District, and the Flood
Fringe District.
Flood-proofing. A combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store
the regional flood discharge.
Map. The Official Flood Plain Zoning Map herein described.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, material, equipment, or matter in, along, across, or
projecting into any channel, watercourse, or floodplain which may impede, retard, or
change the direction of the flow of water, either by itself or by catching or collecting
debris carried by such water.
Principal Use or Structure. All uses or structures that are not accessory uses or
structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used in
the Flood Insurance Study prepared for the City by the Federal Insurance
Administration dated November 1979.
Regulatory Flood Protection Elevation. An elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation caused
by encroachments on the floodplain; the elevation to which uses regulated by this
Subsection 850.21 are required to be elevated or floodproofed.
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
850-104 Supplement 2001-1
City of Edina * Land Use, Platting and Zoning 850.21
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
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
850-105 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
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
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.
850-106 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
2. A building, structure or use which does not comply with the requirements
of this Subsection 850.21 shall be non-conforming, and shall be subject to the
restrictions and regulations applicable to other non-conforming uses and
non-conforming buildings, whichever is applicable, as set out in Subsection
850.07.
3. As-built elevations for elevated or floodproofed structures must be certified
by ground surveys, and floodproofing techniques must be designed and
certified by a registered professional engineer, architect or land surveyor as
stated in paragraph H. of Subd. 10 of this Subsection 850.21.
4. Mobile homes and mobile home parks, and travel trailers and travel
vehicles, are prohibited in the Floodplain District.
5. Garbage or waste disposal sites or systems are prohibited in the Floodplain
District.
6. Storage or processing of materials or equipment that are, in time of
flooding, flammable, explosive or potentially injurious to human, animal or
plant life is prohibited in the Floodplain District.
Subd. 5 Floodway District (FV).
A. Permitted Uses. The following uses are permitted in the Floodway District if they
comply with the standards set out in paragraph B. of this Subd. 5.
1. Horticulture, forestry, sod farming, and wild crop harvesting.
2. Industrial-commercial loading areas and parking areas.
3. Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, swimming areas, parks, wildlife and nature preserves,
fish hatcheries, fishing areas, and single or multiple purpose recreational
trails.
B. Standards for Floodway District Permitted Uses.
1. The use shall be a permitted use in the underlying zoning district
established by this Section 850.
2. The use shall not obstruct flood flows or increase flood elevations, and
shall not involve structures, fill, obstructions, excavations or storage of
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
850-107 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
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.
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.
850-108 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
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.
5. The provisions of paragraph E. of this Subd. 6 shall apply.
C. Conditional Uses. Any structure that is not elevated on fill or floodproofed in
accordance with subparagraphs B.1. or B.2. of this Subd. 6, or any use of land that
does not comply with the standards in subparagraphs B.3. or B.4. of this Subd. 6,
shall only be allowable as a conditional use. All flood fringe conditional uses shall be
subject to the procedures and standards contained in paragraphs D. and E. of this
Subd. 6, and in paragraph H. of Subd. 10 of this Subsection 850.21.
D. Standards for Flood Fringe District Conditional Uses.
1. Methods other than the use of fill may be used to elevate a structure's
850-109 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
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
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
850-110 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
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:
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
850-111 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
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
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,
850-112 Supplement 2001-1
City of Edina ' Land Use, Platting and Zoning 850.21
and water supply systems now or hereafter located in the floodplain shall be
floodproofed in accordance with the City's Building Code or elevated to above the
regulatory flood protection elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges now or
hereafter located in the floodplain shall comply with Subd. 5 of this Subsection
850.21 if in the Floodway District, and with Subd. 6 of this Subsection 850.21 if in
the Flood Fringe District. Elevation to the regulatory flood protection elevation shall
be provided where failure or interruption of these transportation facilities would
result in danger to the public health or safety or where such facilities are essential to
the orderly functioning of the area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption of transportation
services would not endanger the public health or safety.
C. On-site Sewage Treatment and Water Supply Systems. New or replacement water
supply systems or sanitary sewerage systems must be designed to minimize or
eliminate infiltration of flood waters into such systems. Sanitary sewerage systems
must be designed to minimize or eliminate discharges from such systems into flood
waters. On-site waste disposal systems must be located to avoid impairment to them
or contamination from them during flooding. Any sewage treatment system designed
in accordance with the State's current statewide standards for on-site sewage
treatment systems shall be determined to be in compliance with this Subsection
850.21. Where a public sanitary sewer line, or public water line, is available to serve
the parcel where the on-site sewage treatment or water supply system is located, the
on-site systems shall be discontinued and connection shall be made pursuant to
Section 445 of this Code.
Subd. 9 Manufactured Homes.
A. The placement of new or replacement manufactured homes in the Flood Fringe
District will be treated as a new structure and may be placed only if elevated in
compliance with Subd. 6 this Subsection 820.21.
B. All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable State or City anchoring
requirements for resisting wind forces.
Subd. 10 Administration.
A. Planner. The Planner shall administer and enforce this Subsection 850.21.
B. Permits and Variances Required; Grounds for Variances. A conditional use permit
or variance shall be applied for and obtained pursuant hereto prior to the
construction, erection, addition, alteration or change of use of any obstruction 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
850-113 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
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.
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
850-114 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
obstruction elevations, size, location, and spatial arrangement of all
proposed and existing obstructions on the lot, location and elevations
of streets, water supply and sanitary facilities, photographs showing
existing land uses and vegetation upstream and downstream, and soil
types.
d. profile showing the slope of the bottom of the channel or flow line
of the stream.
e. specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel improvement,
storage of materials, water supply (including withdrawal and
discharge of ground and surface water) and sanitary facilities.
f. description of the water quality if other than a municipal water
system is used, maximum yearly withdrawal of ground water, and the
impact on the receiving creek, marsh, wet area or water body of
discharged surface and ground water.
g. statement of the private and public benefits anticipated from the
proposed activity, the alternatives to the proposed activity, the effect
of the proposed activity on the capacity of the floodplain and on flood
heights, and the adverse effect, if any, on the floodplain and the creek,
marshes, wet areas and water bodies in the floodplain which cannot be
avoided if the special permit or variance is granted.
D. Submission of Application.
1. For a Conditional Use Permit. Within 45 days after receipt of the
application for a conditional use permit, fee and initial information requested,
the Planner shall review the application and submit it to the Engineer, and to
the Nine Mile Creek Watershed District or the Minnehaha Watershed
District, whichever district is appropriate, and, with his report, to the
Commissioner.
2. For a Variance. Within 45 days after receipt of the application for a
variance, fee and initial information requested, the Planner shall review the
application and submit it to the Engineer, the Nine Mile Creek Watershed
District or the Minnehaha Watershed District, whichever district is
appropriate, and, with his report, to the Board.
E. Issuance of Conditional Use Permit. Upon approval of the application therefor by
the Council, the Planner shall issue the conditional use permit. However, prior to
issuance of the permit, the Planner shall determine that the applicant has obtained all
necessary State and federal permits for the conditional use.
F. Issuance of Variance; Reports. Upon approval of the application therefor by the
Board, or the Council upon any appeal of a decision of the Board, the Planner shall
issue the variance. However, prior to issuance of the variance, the Planner shall
850-115 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
determine that the applicant has obtained all necessary State and federal permits for
the obstruction or use allowed by the variance.
G. Recommendation of, and Technical Assistance from, Watershed District. The
Planner, Board, Commission or Council shall, at any time and relative to each
application, use or obstruction, transmit the information received to the appropriate
watershed district for advice, recommendations or technical assistance as to the
hydrological effect or general impact of any such application, use or obstruction on
the floodplain, flood heights, flood velocities or as to the seriousness of flood
damage to the use, the adequacy of plans for protection, compliance with this
Subsection 850.21 or other technical matters. The Planner, Board, Commission or
Council shall withhold decision on granting or allowing any conditional use permit,
variance use or obstruction until such advice, recommendations or assistance are
received.
H. Certificate of Zoning Compliance. Upon completion of any work or project
pursuant to a conditional use permit or variance granted pursuant to this Subsection
850.21, and prior to the use or occupancy of the land or obstruction permitted by the
conditional use permit or variance, a certificate of zoning compliance shall be issued
therefor by the Planner stating that the use of the land or obstruction conforms to the
requirements of this Subsection 850.21. Prior to issuance of such certificate, the
applicant therefor shall submit a certification by a registered professional engineer,
architect or land surveyor, as appropriate, that the permitted obstructions, including,
but not limited to, finished fill and building floor elevations, flood proofing or other
flood protection measures, have been completed in compliance with the provisions of
this Subsection and in compliance with the information given to the City in
connection with the application for the conditional use permit or variance.
I. Records of Elevation. The Building Official shall maintain a record of the
elevation of the basement floor, or first floor if there is no basement, of all structures
constructed or placed in the Floodplain District from and after April 23, 1980, and of
all additions made after April 23, 1980 to structures in the Floodplain District as of
April 23, 1980. The Building Official shall also maintain a record of the elevations to
which such structures or such additions to structures are floodproofed.
J. Variance Records; Reports. The Planner shall maintain a record of all variance
actions, including justification for their issuance and including a copy of the notice
referred to at subparagraph Lb. of paragraph C. of this Subd. 10. A report of
variances issued shall be included in the City's annual or biennial report to the
Administrator of the National Flood Insurance Program.
Subd. 11 Powers and Duties of Zoning Board of Appeals, Procedures for Variances
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
850-116 Supplement 2001-1
City of Edina Land Use,Platting and Zoning 850.21
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
850.04.
2. Council. The Council shall hear all requests for conditional use permits
under this Subsection 850.21, and shall make its decision thereon, in the same
manner, including notices, and subject to the same requirements and
conditions, as it hears and decides upon applications for conditional use
permits under Subsection 850.04.
850-117 Supplement 2001-1
City of Edina Land Use, Platting and Zonifig 850.21
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
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.
850-118 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
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
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
850-119 Supplement 2001-1
City of Edina Land Use, Platting and'Zoning 850.21
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
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
850-120 Supplement 2001-1
City of Edina ' Land Use, Platting and Zoning 850.21
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.
Subd. 16 Amendments.
A. The boundaries of the Floodplain Overlay District, as shown on the Map, may be
changed by amendment to this Subsection 850.21,but only if it can be shown that the
boundaries are in error or that an area has been filled to or above the elevation of the
regional flood and is contiguous to lands outside the floodplain. Special exceptions
of this rule may be permitted by the Commissioner if the Commissioner determines
that, through other measures, the subject lands are adequately protected from
flooding.
B. All amendments shall be submitted to the Board of Managers of the Nine Mile
Creek Watershed District and the Minnehaha Creek Watershed District, the
Commissioner, and the Federal Emergency Management Agency, and shall be
approved by the Commissioner and the Federal Emergency Management Agency
prior to adoption.
C. The Commissioner also shall be given at least ten days prior written notice of all
850-121 Supplement 2001-1
City of Edina Land Use, Platting and Zoning 850.21
hearings to consider amendments to this Subsection 850.21, including a draft of the
proposed amendment and any pertinent technical study.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825-AI not published;
amended by 825-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-A3212-20-89, 825-
A33 1-31-90, 825-A34 8-29-90, 825-A35 8-29-90, 825-A36 8-29-90; 825-A37 reconsidered; 825-
A38 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 2-18-97; Ord 850-A9, 4-21-97; Ord 850-A10, 4-21-97; Ord 850-A11, 7-7-97; Ord 850-
Al2, 9-15-97; Ord 1997-11 11-5-97; Ord 850-A13, 2-17-98; Ord 850-A14, 5-18-98; Ord 850-A15,
9-22-98; Ord 1999-11, 11-16-99; Ord 850-A16, 2-15-00; Ord 2000-41 2-15-00; Ord 2000-7 7-5-
00; Ord 2001-03, 6-19-01; Ord 2001-710-3-01
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.
I
850-122 Supplement 2001-1
r '
City of Edina Misdemeanors and Nuisances 1000.12
1000.10 Noisy Assembly.
Subd. 1 Noisy Assembly Defined. For purposes of this Subsection, "noisy
assembly" shall mean a gathering of more than one person in a residential area or
building between 10:00 P.M. and 7:00 A.M. that produces noise that unreasonably
disturbs the peace, quiet or repose of a person or persons of normal sensibilities.
Subd. 2 Acts Prohibited. No person shall participate in or remain at a gathering
knowing or having reason to know that the gathering is a noisy assembly. No person
shall knowingly permit a building or any property under such person's care or control
to be used as a location for a noisy assembly.
1000.11 Nudity in Certain Places. No person shall appear in a state of nudity in:
A. Any place or premises licensed as a food establishment pursuant to Section 720
of this Code;
B. Any place or premises licensed to sell beer, wine, or liquor pursuant to Section
900 of this Code;
C. Any place, room, or rooms to which members of the public are admitted which
adjoin and are accessible from places or premises described in paragraph A. or B.
of this subsection except public restrooms as defined in Section 455 of this Code; or
D. Any place, room or rooms where any admission or fee is charged for viewing
persons in s state of nudity.
For purposes hereof, "nudity" means (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 discernably turgid state, even if
completely and opaquely covered.
1000.12 Intentional Feeding of Deer.
Subd. 1 Feeding Prohibited. No person shall feed deer within the City. For
purposes of this subdivision, feeding shall mean the provision of one half cubic foot
or more of grain, fruit, vegetables, nuts, hay or other edible material either on the
ground or at a height of less than five feet above the ground, in a manner that
attracts deer. Living food sources such as trees and other live vegetation shall not
be considered as deer feeding.
Subd. 2 Exception. The provisions of Subd. 1 of this subsection shall not apply
to the employees or agents of the City, the County, the State, the Federal
government or veterinarians who in the course of their official duties have deer in
their custody or under their management.
1000 - 3
City of Edina Misdemeanors and Nuisances 1000.12
History. Ord 1001 codified 1970; amended by 1001 Al 4-22-71, 1001-A2 9-12-74, 1001-A3
6-11-86, 1001-A4 6-14-89;repealed by 1004 2-25-71. Amended by Ord 1993-10; Ord 1993-14.
Cross Reference: Sections 455, 705, 715, 720, 900; Subsection 1230.02
I
i
1000 - 4