HomeMy WebLinkAbout2003-02 Supplement Old Pages Memorandum
Date: 8/11/03
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement 2003-02
1 am sending you the newest update for your Edina City Code book. This supplement contains
all ordinances adopted by the City Council through July 2003. Please replace the following
pages as noted:
,Table of Contents -Replace Table of Contents pages 1-4-addition of Section 640
Sale of Fireworks and Section 1225 Transportation Commission
action 185—Remove pages 185-6 through 185-9 and replace with attached pages
185-6 through 185-9 amended fees by Ord.2003-07 and Ord.2003-08
action 640—New section of Code enacted by Ord.No.2003-08 adopted 7/1/03
regarding the sale of fireworks.
ction 850—Replace pages 850-39 and 850-42 amended by Ord.2003-06 providing
for residential exceptions from front yard setbacks,replace page 850-19&850-120
updating the history of the section.
�ction 1225—New section of Code enacted by Ord.No.2003-09 adopted 7/15/03
l� establishing a Transportation Commission
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 Supplement 2002-2
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
Section 745 - Body Art Establishments
CHAPTER 8. LAND USE, PLATS AND ZONING
Section 801 - Heritage Preservation
Section 805 - Planning Commission
Section 810 - Plats and Subdivisions
Section 815 - Radio and Television Antennas and Towers
2 Supplement 2003-01
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 1061 - Juvenile Curfew
Section 1065 - Prohibiting and Regulating Picketing
Section 1070 - Abatement of Nuisances
Section 1075 - Steel Jawed Traps
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
Section 1105 - Sewer and Water Connection Charges
Section 1110 - Storm Water Drainage Utility; Charges
Section 1115 - Water Emergencies and Irrigation Bans
CHAPTER 12. STREETS AND PARKS
Section 1200 - Use and Maintenance of Streets, Alleys, Sidewalks, Easements, Parks, and
Other City Owned Property
Section 1205 - Curb Cuts
Section 1215 - Work Within the 50th & France Commercial Area
Section 1220 - Park Board
Section 1230 - Conduct in Parks and Public Places
Section 1235 - Municipal Parking Facilities
3 Supplement 2002-2
CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
Section 1305 - Scavengers
Section 1310 - Peddlers and Solicitors
Section 1315 - Advertising Material on Residential Property
Section 1326 - Sale of Tobacco; Licensing
Section 1330 - Taxicabs and Taxicab Drivers
Section 1341 - Physical Culture and Health Services and Clubs
Section 1345 - Sexually-Oriented Businesses
Section 1350 - Motion Pictures and Commercial Photography
CHAPTER 14. TRAFFIC CONTROL AND VEHICLES
Section 1400 - Pedestrian, Bicycle and Vehicular Traffic, Parking, Standing and Loading
Section 1405 - Clear View Zone
Section 1410 - Impounding of Unoccupied Vehicles Found to be in Violation
Sec p g p
Section 1415 - Abandoned Motor Vehicles
Section 1425 - Registration of Bicycles
Section 1435 - Snowmobiles, Motorcycles, and All Terrain Vehicles
4 Supplement 2002-2
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
Special Hazard Permit: $100.00 Class I: General hazard and fire safety inspections requiring a special
hazard permit
$200.00 Class II: Special hazard inspection involving various hazardous
materials and/or processes in occupancies of buildings less
than 3,000 sq. ft. in area.
$300.00 Class III: Special hazard inspection primarily directed at, but not limited to,
buildings or occupancies 3,000 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.
605 605.07 General Fire Safety Inspection Fee $47.00
assessed under Provisions of UFC,
Section 105.8
615 615.03 License to Service Fire Extinguishers $40.00 Per year per person licensed
620 620.04 Permit Fee for Cleaning Commercial $80.00
Cooking Ventilation System
625 625.03 Sprinkler Permit Fees:
Per Number of Heads:
1 - 5 $50.00 * (Minimum fee)
6- 25 $100.00
26- 50 $190.00
51 -75 $250.00
76-100 $295.00
101 -125 $330.00
126-150 $350.00
151 -175 $380.00
176-200 $400.00
201 plus $460.00 * For first 200 + $2.00 for each additional head
185-6 (Effective 1/1/03) Supplement 2002-02
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
* Plus surcharge pursuant to M.S. 16B.70
625 625.03 Fire Pump Installation and Associated $200.00
Hardware
Standpipe Installation $125.00
Each Additional Pipe $15.00
625 625.03 Fire Alarm System Permit Same as the fees for a building permit(See 410.02 Subd.1, fees)
635 635.02 False Fire Alarm $300.00 Residential
$500.00 Commercial
716 716.02 Recycling Service: $5.49 Per Quarter- Single Family
$5.49 Per Quarter- Double Bungalow
$5.01 Per Quarter-Apartments/Condos (2-8 units)
721 721.03 Subd. 1 Food Establishment $500.00 High risk food
$320.00 Medium risk food
$90.00 Low risk food
$105.00 Base fee
$50.00 Beer or wine table service
$100.00 Alcohol bar service
$125.00 Food vehicle
$105.00 Additional facility
$185.00 Pushcart
$105.00 Itinerant food
$15.00 Food vending machine
721 721.03 Subd 1 Restaurant Plan Review Fee 100% of Risk Category Fee
Restaurant Plan Review Fee for Remodel 50% of Risk Category Fee
Minimum Restaurant Plan Review Fee $75.00
735 735.03 Lodging Establishment $1.00 Per room
Supervised Group Home $35.00
Boarding and Lodging House License $85.00
740 740.04 Multiple Dwelling Parking Garage $40.00 Per single tract of land(may contain more than one building under same
ownership)
185- (Effective 1/1/03) Supplem 002-02
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
740 740.04 Multiple Dwelling Parking Garage $65.00 Per garage
Inspection Fee
810 810.09 Subd. 3C Neighborhood Property Owner List $1.00 Per property owner name
810 810.09 Plat and Subdivision Filing Fee $100.00 Per lot for division of one or more lots where no new buildable
lots are created
$500.00 Plus $50/lot- all plats and subdivision other than above
810 810.09 Subd. 2 Developer's Agreement Fee for City 6.5% of the total construction cost of such public improvements
Services Rendered in Connection with
Required Street, Water and Sewer
Improvements
815 815.03 Antennas, Dish Antennas&Tower Same as for a building permit(See Subsection 410.02 Subd 1 fees)
Permits
820 820.01 Filing of Application for Vacation of $350.00
Street, Alley or Easement
830 830.05 Subd. 1 Permit Fee for Tree Removal or Grading Same as for a building permit(See Subsection 410.02 Subd 1 fees)
830 830.05 Permit Fee for Open Pit or Excavation Same as for a building permit(See Subsection 410.02 Subd 1 fees)
of 100 Cubic Feet or More
845 845.04 Restricted Access Parking Lot License $500.00
Renewals: $100.00 0- 50 spaces
$150.00 51 - 100 spaces
$250.00 100-200 spaces
$400.00 Over 200 spaces
850 850.04 Subd. 1C Variance Fee $175.00 Residential
$300.00 Commercial
850 850.04 Subd. 2A.2 Fee for Transfer of Land to Another $400.00 (One)R-2 Lot
Zoning District $500.00 (Two)R-2 Lots
$900.00 All other Transfers
185-8 (Effective 1/1/03) Supplement 2002-02
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
850 850.173 Subd. Temporary Retail Sales in PID Permit $300.00 First Permit
4C.la
$200.00 Subsequent Permits
850 850.04 Subd. 4 Conditional Use Permit Fee shall be equal to City staff time expended and City's direct cost
A.2 incurred in processing applications. $600 deposit with application
submission. Additional deposits of$600 shall continue to be made as prior
deposits are expended. Deposits not expended shall be refunded to
applicant.
850 850.04 Subd. 5 Temporary Conditional Use Permit $75.00
C.1
850 850.10 Subd. 1D Landscaping Inspection $100.00
850 850.04 Subd. 6 Final Development Plan Application Fee $600.00
900 900.07 Subd. 1 Liquor License Fees(per year) $650.00 On-Sale Club License
$8,490.00 On-Sale Intoxicating License -Restaurants only
$530.00 Off-Sale 3.2 Malt Liquor(New)
$530.00 Off-Sale 3.2 Malt Liquor(Renewal)
$530.00 On-Sale 3.2 Malt Liquor (New)
$530.00 On-Sale 3.2 Malt Liquor(Renewal)
$2,000.00 Wine On-Sale- Restaurants only
$200.00 Per event-Temporary On-Sale Intoxicating- Max 3 days
$65.00 Per event-Temporary On-Sale 3.2 Malt Liquor
$200.00 Sunday On-Sale License-Restaurants only
1020 1020 False Automatic Alarm $110.00 For the third and each subsequent response within one calendar year
1040 1040.08 Loudspeaker Permit $17.00
1045 1045.05 Variance Fee RV's, Boats, etc. Storage $50.00
1100 1100.03 Subd. 2 Sewer Service Charge: Based upon water usage during winter quarter. (November 1 to March 1)
Single Family Dwellings, Townhouses,
Two-Family Dwellings, Apartment
Buildings Containing Four or Less $31.45 Per quarter up to and including 1600 cubic feet
Dwelling Units: $1.97 Per 100 cubic feet for Additional cubic feet from 1601 cubic feet and over
185-_ (Effective 1/22/03) Supplem 2003-01
City of Edina Land Use, Platting and Zoning 850.07
4. No signs of any kind shall be used to identify the use.
5. All parking demands generated by the use shall be accommodated within
the accessory garage and the normal driveway area and shall not at any one
time occupy more than two parking spaces in parking areas required for
multiple residential buildings.
6. No more than ten automobile trips weekly by individuals other than the
residents of the dwelling unit shall be generated to the dwelling unit as a result
of the use.
7. No sale of products or merchandise shall occur on the lot or within any
structures or buildings on the lot.
B. Permitted customary home occupations include the following and similar
occupations if, and only during such times as, they comply with all of the conditions
of paragraph A. of this Subd. 4:
1. Dressmakers, tailors and seamstresses.
2. In single dwelling unit and double dwelling unit buildings only, music and
dance teachers providing instruction to not more than five individuals at a
time.
3. Artists, sculptors and authors.
4. Insurance agents, brokers, architects and similar professionals who
typically conduct client meetings outside of the dwelling unit.
5. Ministers, rabbis and priests.
6. Photographers providing service to one customer at a time.
7. Salespersons, provided that no stock in trade is maintained on the lot or in
the building or structure on the lot.
8. In single dwelling unit and double dwelling unit buildings only, rental of
rooms for residential occupancy to not more than two persons per dwelling
unit in addition to the permanent residents of the dwelling unit.
C. The following uses have a tendency to increase in size or intensity beyond the
conditions imposed by this Subd. 4 for home occupations and thereby adversely
affect residential properties. Therefore, the following shall specifically not be
permitted as customary home occupations:
1. Barber shops and beauty parlors.
2. Repair services of all kinds, including, without limitation, auto repair and
painting, appliance repair and small engine repair.
850-39 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.07
3. Music, dance or exercise instruction which provides instruction to groups
of more than five individuals at a time.
4. Medical and dental offices.
5. Upholstering.
6. Mortuaries.
7. Commercial kennels as defined by Subsection 300.01 of the City Code.
8. Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies.
9. Commercial food preparation or catering.
10. Automobile and equipment sales.
11.Landscaping and lawn maintenance service where landscaping materials
and equipment are stored or parked on the premises.
D. Permitted customary home occupations by residents who are physically unable
to be employed full time outside their residence may be allowed as a temporary
conditional use, with variances from the conditions of paragraph A. of Subd. 4 of
this Subsection 850.07, pursuant to the provisions of Subd. 5 of Subsection 850.04.
Subd. 5 Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District and
R-2 District shall conform to the following:
A. Fences exceeding four feet in height shall not be erected within a required front
street setback or side street setback, pursuant to the provisions of paragraph 2. of
Subd. 7 of Subsection 850.11.
B. No fence shall exceed eight feet in height.
C. Fences shall be installed with the finished side facing neighboring properties
D. No fence shall be installed so as to obstruct a required clear view at street
intersections as required by Section 1405 of this Code.
Subd. 6 Exceptions to Setback Requirements. The following shall not be considered
as encroachments into required setbacks:
A. Overhanging eaves not supported by posts or pillars, and bay windows not
extending to the floor, which do not project more than three feet into the required
setback and which are not within three feet of a lot line.
B. Sidewalks and driveways, but not patios.
C. Fences which do not exceed the height limitations imposed by this Subsection
85040 Supplement 2002-2
i i
City of Edina Land Use,Platting and Zoning 850.07
850.07.
D. Awnings and canopies attached to the principal building and not supported by
posts or pillars, which do not project more than three feet into the required setback
and which are not within three feet of a lot line.
E. Flagpoles, light poles and fixtures.
F. Clotheslines and outdoor fireplaces in the rear yard only.
G. Bus shelters which have been approved by the Engineer.
H. Unenclosed steps or stoops not exceeding 50 square feet in area.
I. Fireplaces projecting not more than two feet into the required setback and not
exceeding ten square feet in horizontal area.
J. Underground storage tanks, conduits and utilities.
K. Portions of principal and accessory buildings or structures which are located
completely underground, which are not visible from the surface of the ground and
which do not encroach more than one-half of the distance into that part of the
required setback nearest the principal or accessory building.
L. Trees, shrubs and other vegetation.
M. Retaining walls.
N. Freestanding basketball posts, backboards and goals adjacent to a driveway.
Subd. 7 Drainage. Surface water runoff shall be properly channeled into storm sewers,
watercourses, ponding areas or other public facilities. All provisions for drainage,
including storm sewers, sheet drainage and swales, shall be reviewed and approved by the
Engineer prior to construction or installation.
Subd. 8 Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building containing three
or more dwelling units shall not be issued unless the applicant's building plans, including
the site plan, are certified by an architect registered in the State. The certification shall
state that the design of the building and site has been prepared under the direct supervision
of the architect.
Subd. 9 Building Coverage Computations; Exclusions and Inclusions.
A. The following structures and improvements shall be excluded when computing
building coverage:
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
85041 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.07
3. Accessory recreational facilities not enclosed by solid walls and not
covered by a roof, including outdoor swimming pools, tennis courts and
shuffleboard courts; but facilities which are constructed above grade, such as
paddle tennis courts, shall be included when computing building coverage.
4. Unenclosed and uncovered steps and stoops less than 50 square feet.
5. Overhanging eaves and roof projections not supported by posts or pillars.
B. Building coverage computations, however, shall include all other principal or
accessory buildings, including, but not limited to:
1. Decks and patios subject to allowances provided by this Section.
2. Gazebos.
3. Balconies.
4. Breezeways.
5. Porches.
6. Accessory recreational facilities constructed above grade, such as paddle
tennis courts.
Subd. 10 Lighting. All exterior lighting and illuminating devices shall be provided with
lenses, reflectors or shades so as to concentrate illumination on the property of the owner
or operator of the lighting or illuminating devices. Rays of light or illumination shall not
pass beyond the property lines of the premises utilizing the lights or illumination at an
intensity greater than three foot-candles measured at property lines abutting property zoned
residential and ten foot-candles measured at property lines abutting streets or property
zoned non-residential. No light source, lamp or luminaire shall be directed beyond the
boundaries of the lighted or illuminated premises.
Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage
on at least one street other than alleys or limited access roadways to which private access
is prohibited. Private easements shall not be considered as frontage for purposes of this
Subdivision. Notwithstanding the requirements of this subdivision, lots in a townhouse
plat need not front on a street provided that the townhouse plat of which the lot is a part
has at least 30 feet of frontage on at least one street.
Subd. 12 Certain Sales Prohibited.
A. Except as provided in Section 1310 of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B. No property used for residential purposes shall be used for garage sales, estate
sales or other sales of personal property for more than one period of 72 consecutive
hours in any calendar year. The property offered for sale shall consist only of items
85042 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.21
obstruction into a conforming obstruction and use. The City shall determine the
then current cost of the cumulative cost of all such expansions, alterations and
additions using such methods as the City shall determine.
C. If such use of such obstruction or such premises is discontinued for one year or
longer, any subsequent use of the obstruction or premises shall comply, in all
respects, with this Subsection 850.21, including, but not limited to, the obtaining
of all required conditional use permits and variances.
D. If any non-conforming obstruction is destroyed or damaged by any means,
including floods, to the extent that the cost of repairing or restoring such
destruction or damage is 50 percent or more, as determined by the Engineer or
some other person designated by the Manager, of the cost of re-erecting a new
obstruction of like kind and quality and of the same physical dimensions and
location, then it shall not be reconstructed except in full compliance, in all
respects, with the provisions of this Section, including, but not limited to, the
obtaining of all required conditional use permits and variances.
Subd. 13 Right of Passage. It shall be unlawful for any person, without a conditional
use permit obtained pursuant to this Subsection 850.21, to place any obstruction in Nine
Mile Creek or Minnehaha Creek or to obstruct, in any way, the passage of watercraft, or
to interfere, in any way, with the use by the public of the beds, banks, waters or channels
of said creeks, except obstructions placed by the appropriate watershed district and used
for floodplain management, in which event adequate provision shall be made for portaging
and passage of watercraft.
Subd. 14 Removal of Obstructions.
A. Natural Obstructions. The City shall have the right of reasonable entry upon
lands in the floodplain, including those adjoining Nine Mile Creek and Minnehaha
Creek, for the purpose of ingress to and egress from the floodplain and the beds,
banks, channels and waters of the creeks and water bodies therein to remove any
natural obstructions such as, but not limited to, trees, debris, litter and silt.
B. Artificial Obstructions. Any artificial obstruction of the beds, banks, channels
or waters of Nine Mile Creek or Minnehaha Creek or in the flood plain made
subsequent to February 8, 1973 and not made pursuant to a permit or variance
granted by the City shall be removed by the owner of the adjoining land within ten
days after mailing to such owner of a demand to do so by the Planner. If the owner
shall fail or refuse to remove the obstruction within said time, or if the owner
cannot be found or determined, the City may remove such obstruction and the costs
thereof shall be paid by the owner on demand, and if not paid, such costs may be
assessed against the land and collected in the same manner as prescribed by law for
levying and collecting special assessments for municipal improvements.
Subd. 15 Violation, Penalties, Remedies. The provisions, penalties and remedies set
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
850-119 Supplement 2003-01
City of Edina Land Use, Platting and Zoning 850.21
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.
i
A. The boundaries of the Floodplain Overlay District, as shown on the Map, may
be changed by amendment to this Subsection 850.21, but only if it can be shown
that the boundaries are in error or that an area has been filled to or above the
elevation of the regional flood and is contiguous to lands outside the floodplain.
Special exceptions of this rule may be permitted by the Commissioner if the
Commissioner determines that, through other measures, the subject lands are
adequately protected from flooding.
B. All amendments shall be submitted to the Board of Managers of the Nine Mile
Creek Watershed District and the Minnehaha Creek Watershed District, the
Commissioner, and the Federal Emergency Management Agency, and shall be
approved by the Commissioner and the Federal Emergency Management Agency
prior to adoption.
C. The Commissioner also shall be given at least ten days prior written notice of
all hearings to consider amendments to this Subsection 850.21, including a draft of
the proposed amendment and any pertinent technical study.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825-AI not published; amended
-03-85 825 A5 12-24-86 825-A6 12-24-86, 825-A7 5-
825 A3 7-03-85, 825 A4 7 ,
b 825 A2 1-02-85,
y
28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825 AIO not granted; 825-All 9-2-87, 825Al2 12-24-86,
825-A13 referred to staff--Council minutes 1-16-87; amended by 825-A14 12-24-86, 825-A15 2-I1-87,
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-A30 12-13-89, 825-A31 10-25-89, 825-A32 12-20-89, 825-A33 1-31-90, 825-A34 8-
29-90, 825-A35 8-29-90, 825-A36 8-29-90, 825-A37 reconsidered; 825-A38 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-AIO, 4-21-97; Ord 850-All, 7-7-97; Ord 850-Al2, 9-15-97; Ord 199711 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 2000-4, 2-15-00; Ord 850-A17 4-18-00, Ord 850-A18 7-5-00, Ord 2000-7 7-5-
00;Ord 850-A19 16-00; Ord 850-A20 6-19-01; Ord 850-A21 6-19-01; Ord 2001-03, 6-19-01; Ord
2001-710-3-01; Ord No. 850-A22 3-19-02, Ord No. 2002-03, 6-18-02, Ord 2002-06 9-27-02; 2003-03
2-4-03;
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross-Reference: Sections 185, 705, 801, 805, 810, 815, 1045, 1310, 1345, 1405
i
Note: The Federal Emergency Management Agency ("FEMA") has established criteria for removing the
special flood hazard area designation for certain structures properly elevated on fill above the 100 year
flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments. These standards should be investigated prior to
initiation of site preparation if a change of special flood hazard area designation will be requested.
850-120 Supplement 2003-01