HomeMy WebLinkAbout2004-01 Supplement Old Pages 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
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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
Section 640 - Sale of Fireworks
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 2003-2
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 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 1225 - Transportation Commission
Section 1230 - Conduct in Parks and Public Places
Section 1235 - Municipal Parking Facilities
3 Supplement 2003-2
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
Pedestrian, Bicycle and Vehicular Traffic, Parking, Standing and Loading
Section 1400 - Ped g g
Y
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 Supplement 2002-2
City of Edina General Code Provisions and Administration 105.05
Section 105 - Definitions
105.01 General. Unless the context clearly indicates otherwise, the following words and
phrases used in this Code have the meanings given in this Section.
105.02 Internal Definitions. Terms defined in other sections of this Code have the
meanings given in those sections. If a term is defined in another section of this Code and
also in this Section, and if any inconsistency or ambiguity is created, the definition in this
Section shall control.
105.03 Statutory Definitions. In this Code, the terms defined in M.S. 645.44 and 645.45
have the meanings given in those sections, unless this Code contains a different definition.
The definitions of any terms defined by statutes, rules, regulations, codes or ordinances
adopted by reference in this Code are also adopted by this Code.
105.04 Interpretation and Rules of Construction. Words and phrases used in this Code
will be interpreted and understood in accordance with common and accepted usage.
Technical words or phrases or other words or terms that have acquired a specific or
peculiar meaning will be interpreted and understood in accordance with such meaning.
Unless repugnant to the context where used, words in the singular shall include the plural
and vice versa, the use of one gender shall include all other genders and words used in the
present tense shall include the past and future tenses, and the future tense shall include
the present tense. The word "shall" as used in this Code is mandatory and not merely
directory. The word "may" as used in this Code is permissive.
105.05 Definitions.
Animal Control Officer. The officer or officer's deputy charged with the
administration and enforcement of Section 300 of this Code.
Assessor. The assessor of the City.
Building Code. The Minnesota State Building Code as adopted by Section 410 of
this Code.
Building Official. The officer or other designated authority charged with the
administration and enforcement of the Building Code, or the officer's duly
authorized representative.
Bureau of Fire Prevention. The Bureau established by Subsection 605.05 of this
Code.
City. The City of Edina, Minnesota.
105 - 1
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City of Edina General Code Provisions and Administration 105.05
Clerk. The Clerk of the City.
Construction Board of Appeals. The board which hears and decides appeals of
orders, decisions or determinations made by the Building Official relative to the
application and interpretation of the Building Code, pursuant to Section 204 of the
Uniform Building Code, as defined in Section 410 of this Code.
Council. The Edina City Council.
Council Member. Any member of the Council, including the Mayor.
County. The county of Hennepin, Minnesota.
Engineer. The Director of Public Works and Engineer of the City.
Fire Chief. The Chief of the City Fire Department.
Fire Code. The Minnesota Fire Code and the Uniform Fire Code, as amended and
adopted by Section 605 of this Code.
HRA. The Housing and Development Authority of Edina, Minnesota.
Manager. The Manager of the City.
Mayor. The Mayor of the City.
Mayor Pro Tem. The Council Member chosen by the Council to serve as acting
Mayor in the absence of the Mayor, pursuant to M.S. 412.121.
Owner. In the case of personal property, a person, other than a lien holder, having
an ownership interest in or title to personal property. In the case of real property,
the fee owner of land or the beneficial owner of land whose interest is primarily one
of possession and enjoyment in contemplation of ultimate ownership. The term
includes purchasers under a contract for deed.
Park Director. The Park and Recreation Director of the City.
Person. Any natural individual, firm, partnership, association, institution, company,
corporation or any other public or private entity. As applied to partnerships or
associations, the term includes the partners or members. As applied to corporations,
the term includes the officers, agents and employees.
Planner. The Planner of the City.
Planning Commission. The commission as defined in and continued by Section 805
105 - 2
City of Edina General Code Provisions and Adminstration 105.06
of this Code.
Police Chief. The Chief of the City Police Department.
Sanitarian. The Public Health Sanitarian of the City appointed pursuant to
Section 700 of this Code.
School District. Independent School District No. 273.
Section. A section of this Code unless the reference is expressly made to the
Minnesota Statutes or other law.
State. The State of Minnesota.
Statute. Statutes of the State, referenced in this Code as M.S.
State Law. The State Statutes and rules and regulations of State agencies and
departments.
Treasurer. The Treasurer-Finance Director of the City.
Zoning Board of Appeals. The board as defined and continued by Subsection
850.04 of this Code.
105.06 Deputies. Whenever in this Code reference is made to any office or official of the
City, such reference shall include the duly appointed or designated deputies of such office
or official, unless the context clearly indicates otherwise.
History: None
Reference: M.S. 412.121, 645.44, 645.45
Cross Reference: Sections 300, 410, 605, 700, 805; Subsections 605.05, 850.04
105 - 3
City of Edina General Code Provisions and Administration 140.04
Section 140 - Human Relations Commission
140.01 Policy Statement. It is the public policy of the Council to:
A. Work and cooperate with the Board of Education of Independent School District
No. 273, Minnesota (the "School Board") to carry out the purpose and intent of this
Section.
B. Secure for all of the residents of the City freedom from discrimination because of
race, color, creed, religion, age, sex, sexual orientation, or national origin in
connection with employment, housing and real property, public accommodations,
public services and education.
C. Support the home, family and human relations in the City.
D. Cooperate with the State Department of Human Rights, the Minnesota League of
Human Rights Commissions and other agencies in their programs of human rights.
140.02 Establishment. To further accomplishment of the above policies, the Human
Relations Commission (the "Commission") is hereby established.
140.03 Duties. The Commission shall:
A. Advise and counsel the Council and School Board on matters relating to
discrimination and human relations referred to herein.
B. Implement such programs of education and community action which are designed to
effectuate the public policy stated in Subsection 140.01 and which have been approved
by the Council.
C. Cooperate with the State Department of Human Rights, the State League of Human
Rights Commissions and other agencies and programs which relate to the public policy
stated herein.
D. Investigate, study, report and undertake other functions as are assigned to local
commissions under and pursuant to M.S. 363, and to discharge its duties under M.S.
363 with regard to specific matters referred to it by the State Commissioner of Human
Rights or filed with it by individuals.
140.04 Membership. The Commission shall consist of 12 regular members, appointed by
the Mayor with the consent of a majority of the Council, but six of the 12 regular members
shall be from a list presented to the Council by the School Board. The Commission may
appoint an ex officio youth member to the Commission to participate in all discussions.
Members of the Commission shall be residents of the City, be appointed for a term of three
years and serve until a successor shall have been appointed. Upon termination of a member's
140 - 1
City of Edina General Code Provisions and Administration 140.06
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term, that member's successor shall be appointed for the remainder of such term. Whenever
the term of a member originally proposed by the School Board expires, that member's
successor shall be chosen from a list presented by the School Board. Members of the I
Commission shall serve without compensation and may resign voluntarily or be removed by
majority vote of the Council or pursuant to Subsection 180 of this Code. Commission
members who discontinue legal residency in the City may be removed from office by the
Mayor with the consent of a majority of the members of the Council.
140.05 Organization. The Commission shall:
A. Elect from its members a chair and a vice chair, each of whom shall serve for a
period of not more than two years.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be
furnished by the City or the School District. If a secretary is assigned by the City, the
secretary shall perform only such clerical duties on behalf of the Commission as may be
assigned by the chair with the consent of the Manager. Additional advisory staff may
be assigned to the Commission by the Manager.
140.06 Meetings. All meetings of the Commission shall be open to the public, be
governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The
Commission shall hold its regular meetings on such fixed date and in such fixed place as it
from time to time shall determine. The minutes of all meetings shall be recorded and a copy
thereof transmitted to each member of the Council and School Board.
History: Ord 106 3-1-73; amended by Ord 106-A 1-16-78, Ord 106-A2 6-27-79, Ord 2000-2.
2-1-00
Reference: M.S. 363
140 - 2
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
200 200.04 Public Dance Permit $50.00
Bingo Occasion, Gambling Device,
215 215.04 Raffle Permit $15.00 Per permit
220 220.04 Machine or Amusement Device License $20.00 Annually per establishment, plus
$15.00 Per machine
300 300.02 Subd 2 Redemption of Impounded Animals $19.00 Per day for feeding&care, any veterinarian services and impounding
Fee of:
$35.00 a) If animal has not been impounded within one year prior to the date
Of impounding
$60.00 b) If animal has been impounded once within the year prior to the date
Of impounding
$110.00 c) If animal has been impounded twice or more within one year prior
to the date of impounding
300 300.02 Subd 3 Disposal of Animal $27.00 Per animal
300 300.03 Subd. 3 Dog License $15.00 Per dog
$10.00 Per neutered dog
$10.00 (Late Charge after March 1)
300 300.03 Subd. 4 Duplicate Dog License Tag $6.00 Per duplicate tag
300 300.04 Subd. 2 Commercial Kennel License $55.00 Per year
300 300.15 Permit for Extra Dogs or Cats $100.00
Landscaping, Screening, or Erosion
405 405.01 Control Site Plan Permit $100.00
410 410.02 Subd. 1 Building Permit
If total valuation of work is: Then permit amount is:
$1 to$500 $23.50
$501 to $2,000 $23.50 *For first$500 plus
$3.05 For each additional$100 or fraction thereof to and including $2,000
2,001 to$25,000 $69.25 * For first$2,000 plus
$14.00 For each additional$1,000 or fraction thereof to and including$25,000
$25,001 to$50,000 $391.25 *For first$25,000 plus
185-2 (Effective 1/1/04) Supplement 2003-3
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
$10.10 For each additional$1,000 or fraction thereof to and including$50,000
$50,001 to$100,000 $643.75 * For fust$50,000 plus
$7.00 For each additional$1,000 or fraction thereof to and including$100,000
$100,001 to$500,000 $993.75 *For first$100,000 plus
$5.60 For each additional$1,000 or fraction thereof to and including $500,000
500,001 to$1,000,000 $3,233.75 *For the first$500,000 plus
$4.75 For each additional$1,000 or fraction thereof to and including $1,000,000
$1,000,001 and up $5,608.75 *For the first$1,000,000 plus
$3.65 For each additional$1,000 or fraction thereof
* Plus surcharge pursuant to M.S. 16B.70
Plan Review $65% Of Permit Fee
410 410.02 Subd. 1 Re-Inspection Fee Assessed under $47.00 Per hour or the total hourly cost to City, whichever is greatest(includes
Provisions of UBC, Section 108.8 supervision, overhead, equipment, hourly wages and fringe benefits of
employees involved
410 410.02 Subd. 1 Building Code Compliance Inspection $150.00 Residential
$320.00 Commercial
410 410.02 Subd. 3 Residential Building Contractor, $5.00 Surcharge pursuant to M.S. 326.86
Remodeler or Specialty Contractor
License Verification
415 415.02 Permit for Moving of Building $212.00
415 415.02 Subd. 3 Indemnity Deposit for Damages $530.00 Unless licensed by Commissioner of Transportation
Sustained by Moving of Building
421 421.03 R-O-W Work Annual Registration $200.00
421 421.04 R-O-W Excavation Permit Administrative $70.00
Fee
Per Additional Excavation-Paved Area $30.00
Per Additional Excavation-Unpaved Area $15.00
Underground Utility/Telecom Installation $40.00 Per 100 L. Ft.
-Directional Boring or Tunneling (Plus
Minimum Permit Fee) -
185-. -
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
Underground Utility/Telecom Installation $55.00 Per 100 L. Ft.
-Open Trenching(Plus Minimum Permit
Fee)
Overhead Utility/Telecom Installation $5.00 Per 100 L. Ft.
(Plus Minimum Permit Fee)
421 421.07 Subd. 3 Street Surface Repair $35.00 Per square foot under 10 square feet
$30.00 Per square foot from 10-25 square feet
$25.00 Per square foot over 25 square feet
430 430.03 Subd. 8 Installer's Licenses: Oil Burner; Stoker; $55.00
Steam or Hot Water Heating; Mechanical
Warm Air Heating; Air Conditioning;
Refrigeration, and Gas Piping Installers
435 435.07 Gas Piping Permit; Oil Burner, Stoker, Minimum Fee:
Steam or Hot Water Heating,
Mechanical $22.00 Residential -plus surcharge pursuant to M.S. 16B.70
Warm Air Heating and Air
Conditioning; $27.00 Commercial-plus surcharge pursuant to M.S. 16B.70
or Refrigeration Permit
Fee Calculations:
$0 to $1,000 $16.00 * Plus 3.10% >$500
$1,001 to$5,000 $31.50 * Plus 2.60% > $ 1,000
$5,001 to$10,000 $135.50 * Plus 2.15% > $ 5,000
$10,001 to$25,000 $243.00 * Plus 1.85% > $10,000
$25,001 to $50,000 $520.50 * Plus 1.65% > $25,000
$50,001 and over $933.00 *Plus 1.30% > $50,000
* Plus surcharge pursuant to M.S. 16B.70
440 440.04 Plumbing or Water Conditioning Permit Minimum Fee:
Residential-per fee calculation
$27.00 Commercial plus surcharge pursuant to M.S. 16B.70
440 440.04 Plumbing or Water Conditioning Permit
185-4 (Effective 1/1/04) Supplement 2003-3
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
Fee Calculations:
$0 to$300 $15.00
$300 to$500 $15.00 *Plus 5.00% >$300
$501 to $1,000 $25.00 * Plus 3.10% >$ 500
$1,001 to $5,000 $31.50 * Plus 2.60% > $ 1,000
$5,001 to$10,000 $135.50 * Plus 2.15% > $ 5,000
$10,001 to $25,000 $243.00 * Plus 1.85% > $10,000
$25,001 to$50,000 $520.50 *Plus 1.65% > $25,000
$50,001 and over $933.00 *Plus 1.30% > $50,000
* Plus surcharge pursuant to M.S. 16B.70
440 440.04 Installation or Testing of RPZ Backflow $27.00
Preventers
445 445.08 Surcharge for Prohibited Connection to $100.00 Per month
Sanitary Sewer
450 450.05 Swimming Pool Construction Same as the fees for a building permit(See 410.02 Subd.1, fees)
450 450.27 Subd. 4 Public or Semi-Public Swimming Pool $450.00 Per year for each enclosed pool(partial or all of the year)
License $240.00 Per year for each outdoor pool
450 450.27 Subd. 4 Public or Semi-Public Whirlpool Bath or $135.00 Per year for each bath or pool
Therapeutic Swimming Pool License
460 460.06 Subd. 1 Sign Permit $75.00
460 460.06 Subd. 1 Courtesy Bench Sign Permit $15.00 Per year
460 460.06 Subd 6 Sign Variance Fee $175.00 Residential Property
$300.00 Commercial Property
475 475.03 Subd. 1 Parking Ramp License $125.00 Per year
605 605.07 Permits Required by UFC $75.00 Minimum Fee
185 « r
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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
* Plus surcharge pursuant to M.S. 16B.70
185-6 (Effective 1/1/04) Supplement 2003-3
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT I
0A
625 625.03 Fire Pump Installation and Associated $200.00
Hardware
Standpipe Installation $125.00
IX Each Additional Pipe $15.00
625 625.03 Fire Alarm System Permit Same as the fees for a building permit(See 410.0 Subd.1, fees)
635 635.02 False Fire Alarm $300.00 Residential
$500.00 Commercial
640 640.02 License Allowing Sale of Fireworks $100.00 Per Year
716 716.02 Recycling Service: $6.00 Per Quarter- Single Family
$6.00 Per Quarter- Double Bungalow
$5.25 Per Quarter-Apartments/Condos(2-8 units)
721 721.03 Subd. 1 Food Establishment $525.00 High risk food
$335.00 Medium risk food
$95.00 Low risk food
$105.00 Base fee
$50.00 Beer or wine table service
$100.00 Alcohol bar service
$130.00 Food vehicle
$110.00 Additional facility
$190.00 Pushcart
$110.00 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 $2.00 Per room
Supervised Group Home $40.00
Boarding and Lodging House License $90.00
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 1/1/04) Supple: 2003-3
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 $70.00 Per garage
Inspection Fee
745 745.04 Subd. 2 Body Art Establishment License $250.00
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 $375.00
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 1/1/04) Supplement 2003-3
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 $600.00
A.2
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
850 850.20 Subd. 10 Certificate of Appropriateness $175.00
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
$545.00 Off-Sale 3.2 Malt Liquor(New)
$545.00 Off-Sale 3.2 Malt Liquor(Renewal)
$545.00 On-Sale 3.2 Malt Liquor(New)
$545.00 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
$70.00 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 2'd through 4'response within one calendar year
$200.00 For 5`'and subsequent false alarm 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 $33.44 Per quarter up to and including 1600 cubic feet
Dwelling Units: $2.09 Per 100 cubic feet for Additional cubic feet from 1601 cubic feet and over
185- (Effective 1/1/04) Supple 2003-3
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
1100 1100.03 Subd. 2 Sewer Service Charge(continued)
Apartment Buildings with More Than $28.60 Per quarter for each unit over four or
Four Dwelling Units: $2.09 Per 100 cubic feet of water used during the quarter, whichever is greater
Commercial and Industrial Buildings, $35.50 Per water meter or approved sewage metering devise on premises, or
Including Schools and Churches: $2.09 Per 100 cubic feet of water used during the quarter, whichever is greater
1100 1100.03 Subd. 3 Industrial User Extra Strength Charges As allocated to City by Metropolitan Waste Control Commission
1100 1100.03 Subd. 4.A Shutting Off or Turning On Curb Water $25.00 For each turn-on and each shut-off
Stops at Customer's Request or Due to
Non-payment of Bill
1100 1100.04 Subd. 1.0 Issuance of Water Meter Cost of water meter, plus handling charges
1100 1100.03 Subd. 2 Water Service $0.77 1. Per 100 cubic feet for areas of City, except as described in#2 below
$2.55 2. Per 100 cubic feet-Morningside area and for east side of Beard
Ave. from West 54th to Fuller St. and both sides of Abbott Pl. from
West 54th St. to Beard Ave.
$0.26 3. Per 100 cubic feet for Excessive Use Charge
Meter Charge: $9.44 Per quarter for up to 3/4 inch meter
$12.85 Per quarter for 1 inch meter
$14.66 Per quarter for 1 1/4 inch meter
$16.49 Per quarter for 1 1/2 inch meter
$26.56 Per quarter for 2 inch meter
$100.85 Per quarter for 3 inch meter
$128.37 Per quarter for 4 inch meter
Flat Annual Charges as Follows: $2,500.00 Park Department for water used for sprinkling and skating rinks
$1,050.00 Street Department for water used for flushing street
1105 1105.01 Subd. 1' Service Availability Charge(SAC) $1,350.00 Per SAC unit X number of SAC units computed pursuant to Subsection
1105.01, Subd, 1 of this code
1105 1105.02 Charge for Connection to City Water or $1,000.00 Minimum or assessment cost of like abutting properties
Sewer System
1110 1110.03 Storm Water Drainage Charge $6.36 Per quarter pursuant to formula in Subsection 1110.03
1205 1205.01 Curb Cut Permit $40.00
185-10 (Effective 1/1/04) Supplement 2003-3
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
1230 1230.07 Sidewalk Cafe Permit $600.00
1230.08 Temporary Liquor License Special $300.00 Event
Permit
1235 1235.03 Subd. 2 Parking Permit $4.00 Per month pro-rated
Refund Parking Permit- Sticker Must $4.00 Per month pro-rated
Be Returned
1300 1300.02 Subd. 1 Refuse or Recycling Hauler's License $285.00 Per year for 1st vehicle
$90.00 Per year for each additional vehicle
1325 1325.03 Tobacco Sale License $325.00 Per location
1341 1341.05 Physical Culture&Health Service or $260.00 Business License
Club, Reducing Club or Salon, Sauna
Parlor, Massage Parlor or Escort Service
License
1341 1341.05 Investigation Fee-Business License $1,500.00
1345 1345.05 Subd. 1 Sexually-oriented Business Licen; - r year
1345 1345.05 Subd. 2 Business License time of original application
1350 1350.06 Subd. 1 Commercial Photography anager Permit- Still Photography
anager Permit-Motion Photography
)until Permit
1400 1400.12 Truck Restrictive Road Permit
1410 1410.01 Redemption of Impounded Vehic :e as posted in Police Department
185- (Effective 1/1/04) Supple 2003-3
City of Edina Buildings, Construction and Signs 400.08
CHAPTER 4 - BUILDINGS, CONSTRUCTION AND SIGNS
Section 400 - Construction Board of Appeals
400.01 Establishment. The Council does hereby establish the Construction Board of
Appeals (the "Board") pursuant to Section 105 of the Uniform Building Code (UBC), adopted
by Section 410 of this Code.
400.02 Powers and Duties. The Board shall:
A. Fulfill duties imposed upon it by Section 105 of the UBC.
B. Consider appeals from any order, requirement, permit, decision, refusal or
determination made by the Building Official or the Sanitarian in the application or
interpretation of this Code regulating (i) construction, alteration, moving or demolition
of buildings, (ii) the construction, installation, alteration or removal of plumbing, gas
piping or equipment, water softening or filtering equipment, (iii) the installation,
alteration or removal of electrical wiring and equipment, or (iv) excavations under
Section 420 of this Code. The Board shall not hear any appeal from, nor have any
jurisdiction over, actions taken by any official of the City under Section 102 of the
UBC or under Section 470 of this Code, or any section of this Code enforced by means
of the procedures set forth in Section 470 of this Code.
C. Study and review new types of materials and methods of construction, and advise
the Building Official and the Council as to the suitability of alternate materials and
types of construction to assist in progressive development of the provisions of the
building, plumbing, heating, gas piping, and electrical codes or sections of this Code,
and to make recommendations relative to the Codes.
D. Study and review from time to time the building, plumbing, heating, gas piping,
and electrical codes or sections of this Code and similar code provisions applicable in
communities surrounding the City and such other codes as may come to their attention,
and recommend to the Council such new legislation as the Board may deem desirable.
E. Consider matters referred to the Board by the Council or by the Building Official
and make recommendations relative to them.
400.03 Waiver of Requirements. In considering any appeal, the Board, if not prohibited
by State Law, may waive any requirement of any of the Code provisions therein referred to,
but only if the reason for such requirement does not exist because of the unusual use, location
or type of construction of the structure, or if it is demonstrated to the satisfaction of the Board
that the purpose of such requirement is met by other means or methods. The Board, in
granting any waiver of water or sewer connections required by Section 445 of this Code, shall
also make the findings of hardship and non-detriment required by Subsection 445.05 of this
Code, and shall condition its waiver on delivery to the City of the agreement required by
Subsection 445.05.
400.04 Appeals.
400 - 1
City of Edina Buildings, Construction and Signs 400.08
Subd. 1 To Board. Appeals to the Board authorized by Subsection 400.02 shall be
made by filing a written appeal with the Building Official within 30 days of the date of
the order, requirement, permit, decision, refusal or determination being appealed. The
appeal shall fully state the order, requirement, permit, decision, refusal or I
determination appealed from, the facts of the matter, the date thereof, and the mailing
address of the appellant. Upon the filing of such appeal, the Board shall set a hearing
date, give notice of the date, hold a hearing, provide for a record of its proceedings and
make its order on the record, all in the same manner as provided for appeals to the
Zoning Board of Appeals as set out in Section 850 of this Code. I
Subd. 2 To Council. Appeals from any order or decision of the Board may be
taken to the Council, and shall be heard and decided by the Council, in the same
manner as appeals from decisions of the Zoning Board of Appeals as set out in Section
850 of this Code.
400.05 Membership. The Board shall consist of five members who shall be residents of
the City and are qualified by experience and training to pass upon matters pertaining to
building construction. The Building Official shall be an ex-officio member of and shall act as
secretary to the Board, but shall have no vote on any matter before the Board. Members shall
be appointed by the Mayor with the consent of a majority of the Council, shall be appointed
for a term of three years and shall serve until a successor shall have been appointed. Upon
termination of a member's term, that member's successor shall be appointed for the remainder
of such term. Members of the Board shall serve without compensation. Board members who
discontinue legal residency in the City may be removed from office by the Mayor with the
consent of a majority of the members of the Council.
400.06 Organization. The Board shall:
A. Elect from its members a Chair.
B. Adopt such reasonable rules and regulations as are necessary and proper to carry
out its powers and duties.
400.07 Meetings. All meetings of the Board shall be open to the public, be governed by
Roberts Rules of Order, and otherwise be held pursuant to its rules and regulations. The
minutes of all meetings shall be recorded and a copy shall be transmitted to each member of
the Council.
400.08 Change of Name. All references in all sections of this Code to the Building
Construction Appeals Board or to the Building Construction Codes Commission shall mean j
and refer to the Board of Appeals created by Section 105 of the UBC, and called the
Construction Board of Appeals in this Code.
History: Ord 407 adopted 1-16-80; amended by Ord 407-A1 8-5-81, Ord 1995-13-29-95
Cross Reference: Sections 410, 420, 445, 470, 850; Subsections 445.02, 445.05
400 - 2
City of Edina Buildings, Construction and Signs 410.03
Section 410 - Building Code
410.01 State Building Code Adopted. There is hereby adopted and incorporated herein by
reference, as a section of this Code, the Minnesota State Building Code (the "MSBC") as
promulgated by the State Department of Administration pursuant to M.S. 1613.59 through
1613.75, including amendments to the MSBC in effect on October 5, 1998, and including the
following, but only the following, listed optional provisions of the MSBC and of the 1997
Edition of the Uniform Building Code as promulgated by the International Conference of
Building Officials (the "UBC"), except, however, that fees shall be as provided in this Section.
The optional provisions which are hereby adopted are as follows:
A. Chapter 1306 with Option 8 (Group M, S, or F occupancies with 2,000 or more
gross square feet) of the MSBC relating to Special Fire Protection Systems.
B. Chapter 1335, parts 1335.0600 to 1335.1200 of the MSBC relating to
Floodproofing.
410.02 Fees and Surcharges.
Subd. 1 Fees. Permit fees required by the MSBC or the UBC shall be in the
amounts set forth in Section 185 of this Code.
Subd. 2 Surcharge. In addition to the fees charged pursuant to Subd. 1 of this
Subsection, each applicant for a permit shall pay a surcharge to the City in the amount
set forth in M.S. 16B.70 to be remitted to the State Department of Administration
pursuant to M.S. 16B.70.
Subd. 3 Additional Surcharge. In addition to the fees charged pursuant to Subd. 1
and Subd. 2 of this Subsection, each building permit issued for work that requires a
licensed residential building contractor, remodeler, or specialty contractor pursuant to,
and as defined in M.S. 326.83 and 326.84 (Chapter 306, 1991 Session Laws), shall pay
to the City a surcharge as allowed by M.S. 326.86, and in the amount set forth in
Section 185 of this Code.
410.03 Codes on File. One copy of each of the following, each marked "Official Copy", is
on file in the office of the Clerk and shall remain on file for use and examination by the public:
A. The State Building Code regulations known and identified as Chapters 1300, 1301,
1302, 1305, 1306, 1307, 1315, 1325, 1330, 1335, 1340, 1346, 1350, 1360, 1361,
1370, 4715 and 7670.
B. The UBC, with all appendices.
C. The 1996 Edition of the National Electrical Code (NEC) as approved by the
American National Standards Institute (ANSI/NFPA70-1996).
410 - 1
City of Edina Buildings, Construction and Signs 410.05
D. The 1987 American National Standard Safety Code for Elevators and Escalators
adopted by the American National Standards Institute and the American Society of
Engineers (ANSI/ASME) A 17.1-1987, together with supplement A 17.1(a)-1988 and
ANSI-A17.3-1986 as published by the American Society of Mechanical Engineers.
E. Chapters 1 to 20 of the 1991 Edition of the Uniform Mechanical Code promulgated
by the International Conference of Building Officials and the International
Association of Plumbing and Mechanical Officials, with appendices A, B and C.
F. Minnesota Energy Code as set out in Chapter 7670 of Minnesota Rules, 1998
G. Minnesota Plumbing Code as set out in Chapter 4715 of Minnesota Rules, 1998.
H. Interim Guidelines for Building Occupant Protection from Tornadoes and Extreme
Winds, TR-83A, January 1980, Sections 1 and 2, published by the Federal
Emergency Management Agency, Washington, D.C.
I. The 1972 Edition of Flood Proofing Regulations: as promulgated by the Office of
the Chief Engineer, U.S. Army, Washington, D.C.
410.04 Organization and Enforcement. The organization of the Building Department of
the City, and enforcement of this Section, shall be as established by Chapter 1 of the UBC.
410.05 Penalty. Any person who violates or fails to comply with any provision of this
Section shall be subject to the penalties provided by Subsection 100.09 of this Code, and shall
also be subject to other penalties and remedies available to the City under the MSBC.
�I
History: Ord 410 8-10-88, Ord 1995-13-29-95; Ord 1999-8 4-14-99
Reference: M.S. 16B.59 through 16B.73, 16B.70, 326.83, 326.84, 326.86
Cross Reference: Section 185, Subsection 100.09
410 - 2
City of Edina Buildings, Construction and Signs 435.05
Section 435 - Regulating Mechanical Work and Gas Piping Work
435.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Gas Piping Work. The construction, reconstruction, installation, repair, alteration
or extension of gas piping or gas burner systems.
Mechanical Work The construction,reconstruction,installation,repair or alteration
of any oil burner, stoker, steam or hot water heating system, mechanical warm air
heating and air conditioning system, or refrigeration system.
435.02 Uniform Mechanical Code. The Uniform Mechanical.Code adopted by Section
410 of this Code adopting the Minnesota State Building Code shall be applicable to the
pertinent provisions of this Section.
435.03 Permit Required. No person shall perform any mechanical work or gas piping
work without first obtaining a permit from the City. The application for a permit shall be
made to the Building Official on forms provided by the Building Official. The Building
Official may require that the application include full plans and specifications for the work,
and may further require that such plans and specifications be certified by a mechanical
engineer licensed by the State. Such certification,when required, shall state that the work
will not violate any provisions of the Uniform Mechanical Code or any other provisions of
this Code. The Building Official shall grant the permit upon finding that the work will
comply with the Uniform Mechanical Code and this Code. No change in the work for
which a permit has been issued may be made without the written consent of the Building
Official.
435.04 Permit Holder Must be Licensed; Exception. An applicant for a permit required
by this Section must be duly licensed or registered in accordance with Section 430 of this
Code. Where permitted by State Law, permits may be issued to make repairs, additions,
replacements and alterations to any mechanical work in any single family dwelling
structure used exclusively for living purposes or to any building accessory thereto, provided
that all such work in connection with it shall be performed only by the person who is the
bona fide owner and occupant of such dwelling as the person's residence or a member of
such owner-occupant's immediate family. "Immediate family' includes only a parent,
spouse, child by birth or adoption, and such child's spouse.
435.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the
installation of any mechanical work or gas piping work in any building in which
mechanical equipment or gas piping has, in whole or in part, been installed contrary to
Code provisions in effect at the time of such installation until such illegally installed system
shall have been removed from it or brought into compliance with this Code and the
Uniform Mechanical Code.
435 - 1
City of Edina Buildings, Construction and Signs 435.10
435.06 Approval of Materials and Appliances. No person shall install any material or
appliance which has not been approved by the Building Official. No person shall represent
that any material or appliance has been approved by the Building Official for installation
who knows that such approval has not been given.
435.07 Permit Fee. The fee for a permit required by this Section shall be in the amount
set forth in Section 185 of this Code.
435.08 Inspections. All equipment and installations installed pursuant to this Section
shall be inspected by the Building Official, or a special inspector designated and approved
by the Building Official. Inspections shall be made during construction and before
enclosure or concealment of any equipment and accessory materials. Final inspection and
operating tests shall be made before unconditional occupancy of the building is permitted.
Final test reports must be submitted with final inspection.
435.09 Certification. Upon completion of any mechanical work for which a permit was
required, the Building Official may require a certification by a mechanical engineer then
currently licensed by the State, to the effect that all such work was done in full compliance
with the Uniform Mechanical Code and all other applicable provisions of this Code.
435.10 Interpretation. In the event the provisions of the Building Code are less
restrictive than the provisions of this Section, the provisions of the Building Code shall
control.
i
History. Ord 433 8-10-72, Ord 433 Al 3-1-73, Ord 433-A2 2-13-80, Ord 433-A3 6-17-81
Cross Reference. Section 185, 410, 430
435 - 2
City of Edina Building, Construction and Signs 440.03
Section 440 - Regulating Plumbing and Installation
of Water Conditioning Equipment
440.01 Minnesota Plumbing Code. The Minnesota State Plumbing Code, adopted by
Section 410 of this Code adopting the Minnesota State Building Code, shall be applicable to
pertinent provisions of this Section.
440.02 Permit Required. No person shall construct, reconstruct, extend, alter or repair any
plumbing work, or install any plumbing fixture, or connect any plumbing work with a cesspool
or the City sewage system or the City water system, or install water conditioning equipment
without first obtaining a permit from the City. The application for a permit shall be made to the
Building Official on forms provided by the Building Official. The Building Official may require
that the application include full plans and specifications for the work. The Building Official shall
grant the permit upon finding that the work will comply with the State Plumbing Code and this
Code. No change in the work for which the permit has been issued may be made without the
written consent of the Building Official.
440.03 License Required for Plumbing or Water Conditioning Work; Exception.
Subd. 1 License Required. An applicant for a permit required by this Section must
be duly licensed or registered in accordance with Section 430 of this Code. In addition,
no individual shall construct, reconstruct, extend, alter or repair any plumbing work or
building drainage, or construct cesspools, or construct, reconstruct, or connect any
building drainage with cesspools or the City sewage system or the City water system
either directly or indirectly unless such individual holds a valid master, journeyman or
apprentice plumbing license issued by the State Department of Health to do such work;
provided that a registered apprentice plumber shall be permitted to do plumbing work
only under the direct supervision of a journeyman plumber who is present on the work
site. No individual shall install water conditioning equipment unless such person holds a
valid master or journeyman plumbing license or a water conditioning installer license
issued by the State Department of Health. No individual shall display any sign stating or
implying that said person is carrying on the business of plumbing unless said individual
holds a valid master plumber's license issued by the State. No owner, lessee or occupant
of any premises in the City, nor the representative or agent of any such owner, lessee or
occupant, shall knowingly hire or otherwise engage any person to do plumbing work or
water conditioning installation work on such premises who does not hold a valid license
issued by the State.
Subd. 2 Exceptions.
A. Any other provisions of this Section to the contrary notwithstanding and where
permitted by State Law, permits may be issued to make repairs, additions,
replacements, and alterations to any plumbing or drainage work or install water
conditioning equipment in any single family dwelling structure used exclusively for
living purposes or any buildings accessory thereto, provided that all such work in
connection with it shall be performed only by the person who is the bona fide owner
440- 1 Supplement 2001-01
City of Edina Building, Construction and Signs 440.09
and occupant of such dwelling as the person's residence or a member of such owner-
occupant's immediate family. "Immediate family" includes only a parent, spouse,
child by birth or adoption, and such child's spouse.
B. Water service and building sewer lines may be installed by persons who complete
the training for and earn a Pipe Layer Card, their assistants and contractors who
employ them so long as there is at least one cardholder in each trench where work is
proceeding, providing they are duly registered and licensed under Section 430 of this
Code."
C. Water service and building sewer lines may be installed by persons who complete
the training for and earn a Pipe Layer Card, their assistants and contractors who
employ them so long as there is at least one cardholder in each trench where work is
proceeding.
440.04 Fee. Applications for permits pursuant to this Section shall be accompanied by the
fee set out in Section 185 of this Code.
440.05 Refusal of Permit. The Building Official shall refuse to issue any permit for the
installation of any plumbing work or water conditioning installation work in any building in
which a plumbing system has, in whole or in part, been installed contrary to City Code provisions
in effect at the time of such installation until such illegally installed plumbing shall have been
removed from it or brought into compliance with this Code and the Minnesota State Plumbing I
Code.
440.06 Work on Condemned Plumbing. Whenever any plumbing has been condemned by
the Sanitarian or authorized assistant, a copy of the notice sent by the Sanitarian to the agent,
occupant, or person in charge or control of the premises where such plumbing has been
condemned shall be filed with the Building Official by said Sanitarian, and all repairs, alterations
and installations made on such condemned plumbing shall be made and done in accordance with
this Section. The plumber hired to perform such work shall secure a permit for such work as
required by this Section and shall make such tests of the completed work as may be required by
the Building Official.
440.07 Permit Required to Install Hot Water Heaters. No person shall install or reinstall
any hot water heater or a hot water storage tank in connection with a heating element connected
to any water system, without first having obtained a permit from the Building Official.
440.08 When Permit Not Required. Permits will not be required for repairing leaks in
water pipes or for repairs of faucets or valves.
440.09 Additional Regulations for Plumbing Installation. The following additional
regulations shall apply to all plumbing work:
Subd. 1 Minimum Depth. The minimum depth of house water service lines shall be
seven feet.
440- 2 Supplement 2001-01
City of Edina Building, Construction and Signs 440.09
Subd. 2 Manholes. All sewer services being cut into manholes where required shall
be inside drops of cast iron with the pipe strapped to the manhole wall and painted with
two coats of INERTOL PDXITAR paint or equal.
Subd. 3 Laying Lines. All sewer shall be laid with an even pitch without sags or
bows. Grades of sewer shall be one inch per eight feet minimum and one inch per two
feet maximum. All lines shall be laid on firm ground with back-fill,well compacted.
Subd. 4 Meters. Meters shall be set at least one foot above the floor and not over
four feet above it. There must be a gate or ball valve on each side of the meter.
Subd. 5 Water Services Through Buildings. All water services passing through a
portion of the building shall be run under the floor or slab to the location of the meter.
Subd. 6 Curb Boxes. Curb boxes must be brought up to grade and must be plumb
and operable after backfilling.
Subd. 7 Ditches. All ditches shall be left open until after inspection.
Subd. 8 Safety Regulations. The following safety regulations are applicable
whenever the plumbing work requires the digging of ditches or holes more than four feet
deep:
A. There must be at least two workers on each job at all times when work is in
progress;
B. All hand dug holes must be protected from collapse from the top to bottom as
they are dug;
C. All machine dug holes or ditches with perpendicular side walls must be shored
or braced from top to bottom for their entire length. Metal box frames with 3/4"
plywood sides or 3/4" plywood with metal jack spreaders spaced every three feet
on center horizontally and vertically are acceptable as shoring. All frames or
shoring must be left in the excavation until after inspection;
D. Unshored holes and ditches are acceptable only if the sides are sloped one foot
out for every one and one half feet in depth. A seven foot ditch must be 11'4"
across the top, an eight foot ditch must be 12'8" across the top, and a nine foot
ditch must be 14 feet across the top, assuming a two foot width across the bottom;
E. All materials shall be kept back at least two feet from the edge of the ditch.
All rocks or large frozen pieces must be piled far enough back to prevent their
rolling back into the ditch;
F. Where it is necessary to tunnel or undermine a slab or a curb or gutter to make
a connection, the slab or curb and gutter must be shored with 4 x 4 timbers. A 4 x
4 header must be placed under the slab or curb and gutter and supported by two 4
x 4 timbers resting on solid ground. Shores shall be placed at no more than three
440- 3 Supplement 2001-01
City of Edina Building, Construction and Signs 440.12
foot intervals. When digging next to foundations the proper safety precautions
shall be observed, including bracing and shoring of walls to prevent cave-in;
G. All excavations must be covered or barricaded when work is not in progress.
All excavations on streets or sidewalk ways must be undertaken in full
compliance with Section 420 of this Code; and
H. Because of the numerous underground services installed in the City by the
public utilities, the location of gas lines, telephone lines and electric lines must be
ascertained by the person in charge of the work before digging is started.
440.10 Approval of Materials, Appliances, and Fixtures. No person shall install any
materials, appliances or fixtures which have not been approved by the Building Official.
440.11 Inspection. All work for which a permit is required by this Section shall be subject
to inspection by the Building Official or the deputy, who shall be permitted access for purposes
of inspection at all reasonable times by the owner or occupant of the premises where the work is
i
to be or is being done, and by the person doing the work.
440.12 Procedure in Case of Violation. In case of any violation, the Building Official may
serve upon the person who performed the work, or upon the owner or occupant of the premises
where the work was done, a written notice describing the location and nature of the violation and
the steps to be undertaken to remedy the violation, and ordering that such steps be taken within a
reasonable period from the date of such service, which shall be not less than five days nor more
than 90 days. Failure by any party so served to remedy the violation within the period specified
shall be deemed a violation of this Section.
History: Ord 431 codified 1970; Ord 431-A1 2-18-76; Ord 431-A2 11-3-76,-Ord 432-AI 1-16-
80; Ord 431-A3 5-13-81; Ord 431-A412-2-81; Ord 1999-8 4-19-99; Ord 2000-7 7-5-00
I
Cross Reference: Sections 185, 410, 420, 430
440 -4 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.01
Section 450 - Swimming Pools
450.01 Definitions. For the purpose of this Section, the following terms, phrases, words, and
their derivations shall have the meanings given.
Backwash Piping. The piping which extends from the backwash outlet of a filter to its
terminus at the point of disposal.
Filter. A material or apparatus by which water is clarified.
Inlet. The fitting or opening through which filtered water enters the pool.
Lifeline Anchors. The rings at transition point of the pool.
Main Outlet. The outlet at the deep portion of the pool through which the main flow of
water leaves the pool when being drained or being recirculated.
Main Suction. The line connecting the main outlet to the pump suction.
Pool Deck. The finished area around the pool.
Pool Depth. The distance between the floor of the pool and the maximum operating
level when the pool is in use.
Pool Floor. That portion of the pool that is horizontal or inclined less than 45 degrees to
the vertical from the horizontal.
Pool Wall. That portion of the pool that is vertical or inclined more than 45 degrees to the
vertical from the horizontal.
Public or Semi-Public Special Purpose Pool. Any pool in which the water is agitated
by the use of propellers, recirculating pumps, compressed air, or any other means, except
when located within or adjoining a single family residence, and available only to the
occupants of the residence and private guests.
Public or Semi-Public Swimming Pool. Any swimming pool other than a residential
swimming pool.
Recirculating Piping. The piping through which the water circulates from the pool to
the filter and return to the pool.
Recirculation Skimmer. A device connected with pump suction used to skim the pool
over a self-adjusting weir and return the water to the pool through the filter.
450 - 1 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.03
Residential Special Purpose Pool. Any basin for holding water which is designed for
human use, 100 square feet or less in water surface area with a water depth greater than
24 inches at any point and which is accessory to a single family residence. This definition
includes, but is not limited to treatment pools, therapeutic pools, whirlpools, spa pools,
hot tubs and wading pools.
i
Residential Swimming Pool. Any constructed pool which is used, or intended to be
used, as a swimming pool in connection with a single family residence, and available only
to the occupants of the residence and private guests.
Return Piping. The piping which carries the filtered water from the filter to the pool.
Swimming Pool. Any basin for holding water, designed for human use, with a water
depth greater than 24 inches.
Transition Point. The point between the shallow and deep area of the pool.
Vacuum Fitting. The fitting in the wall of the pool which is used as a convenient outlet
for connecting the underwater suction cleaning equipment.
Vacuum Piping. The piping which connects the vacuum fitting to the pump suction.
Width and Length Determination. The width and length of the pool shall be
determined by actual water dimensions.
450.02 Construction Permit Approval. No person shall commence any work on the
construction of a swimming pool, or any alteration, addition, remodeling or other improvement,
or on any repair to a swimming pool, without first obtaining a permit from the Building Official.
The applicant for a permit shall submit for approval by the Sanitarian three sets of identical plans
and specifications and pertinent explanatory data relative to design, operation and maintenance
insofar as health and safety features are concerned in accordance with the standards prescribed by
this Section. Approval by the Sanitarian shall not pertain to design for structural stability. The
Building Official shall not issue the permit until the plans and specifications have been approved
by the Sanitarian.
450.03 Plans to be Submitted. Plans, specifications and pertinent explanatory data required
by Subsection 450.02 shall comply with the provisions of this Section and shall include, but not
be limited to, the following, as well as such other data as may be reasonably requested by the
Sanitarian and the Building Official:
A. The general layout of the entire building lot on which the pool is to be located,
distances of the pool from the lot lines, water supply systems, buried sewers and sewage
disposal systems, utilities (electric, gas, telephone, etc.) or other sources of contamination
within 50 feet of the pool. The plans shall be drawn to a scale of not less than one-fourth
inch equals one foot and shall indicate all dimensions, including the effective length,
depth, and width of the pool deck and similar items.
450 - 2
City of Edina Buildings, Construction and Signs 450.06
B. Cross-section views of the pool.
C. Cross-section view of scum gutters and skimmers.
D. Diagrams showing all pipes, lines, vacuum lines, waste and discharge lines,
circulation and other piping and listing material specifications and size.
E. Pool equipment layout, showing location of filters, pumps, chlorinators, chemical
feeds, flow meter gauges, sight glass, strainers, hair and lint interceptors, and the
dimensions of the filter room, its location, floor drain, sumps and other pertinent
information.
F. Liquid capacity of the pool.
G. Kind, number and size of filters, including the square footage of the filter area in each
unit.
H. Rated capacity of the filter in gallons per minute.
I. Description of chemical feeds for soda ash and alum, if used.
J. Type,kind and description of chlorinator to be installed.
K. Type and range of testing equipment, including chlorine.
L. Source of water supply.
450.04 Construction in Accordance with Approved Plans; Deviation. All swimming
pools, appurtenances, water supply and drainage systems, and other features shall be constructed
in conformity with the approved plans. For any deviation from such plans, a supplementary plan
covering that portion of the work involved shall be filed for approval and shall conform to the
provisions of this Section.
450.05 Permit Fee. The fee for a permit required by Subsection 450.02 shall be in the same
amount as the fee for a building permit as set forth in Section 185 of this Code.
450.06 Construction. The design and construction, as well as all equipment and materials,
shall comply with the following requirements:
Subd. 1 Structural Design. The pool structure shall be engineered and designed to
withstand the expected forces to which it will be subjected. All non-masonry constructed
walls shall be installed in accordance with the manufacturer's specifications.
Subd. 2 Wall Design. The top elevation of the pool walls shall not exceed by more
than eight inches the highest ground elevation abutting the pool walls at any point. In
determining such highest ground elevation,no elevation increases shall be considered that
are due to fill placed or grading done in violation of this Subsection. The walls shall be
450-3 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.06
vertical to a depth of three feet from the water level. No right angle projection shall be
permitted with exception of steps at the shallow end.
Subd. 3 Floor Slope. The slope of the floor on the shallow side of the transition point
shall not exceed one foot vertical to ten feet horizontal (1:10). The transition point
between shallow and deep water shall occur in a water depth of at least five feet,provided
that this may be four and one-half feet if a safety line is erected at this point. Where the
water is five feet or more in depth, the maximum slope shall not exceed one foot
vertically in each three feet horizontally(1:3), provided that the floor slope from the point
of maximum depth to the deep end wall may be one foot vertically in each one foot
horizontally(1:1).
Subd. 4 Overflow and Surface Drainage. The pool and surrounding area shall be
constructed and arranged in such a manner that no splash or overflow water shall return to
the pool. No surface or roof drainage shall be permitted to enter the pool.
Subd. 5 Finish and Cove. Pool floor and walls shall have a cleanable, white or
similar light-colored and impermeable surface. The pool floor shall be skid resistant.
There shall be a minimum cove or rounded corner of one inch radius or more of the pool
floor and wall, or such other interior construction. Where the water depth is less than five
feet, the maximum radius or such cove shall be 12 inches.
Subd. 6 Handholds. Handholds shall be provided and consist of a bull-nosed coping
not over two and one-half inches thick for the outer two inches or an equivalent approved
handhold. The handhold shall not be more than nine inches above the normal water line
and shall extend around the entire periphery of the pool.
Subd. 7 Pool Deck. Unobstructed deck areas not less than 48 inches wide shall be
provided to extend entirely around each swimming pool. No deck need be provided for
that side of a swimming pool forming a common wall with a residential special purpose
pool, where the water depth of both the swimming pool and the special purpose pool are
less than 54 inches, and where the deck extends around all of those sides of the special
purpose pool not sharing a common wall with the swimming pool. The deck shall be
constructed above, but not more than nine inches above, the normal water line. The deck
area shall be constructed of impervious material, and the surface shall be smooth and
easily cleaned and of non-slip construction. The deck shall have a pitch of at least one-
fourth inch to the foot, designed so as to prevent back drainage into the pool. If deck
drains are provided, drain pipe lines shall be at least two inches in diameter; drain
openings shall have an open area of at least four times the cross-sectional area of the
drain pipe. The deck drain system shall have indirect connections to the sanitary sewer.
The deck drains shall not be connected to the recirculation system piping.
Except, a deck is not needed around the perimeter of a special purpose pool providing the
following conditions are met:
A. The pool is accessible from at least one side by a deck.
450- 4 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.06
B. The deck is no less than four feet wide as measured perpendicular to the pool
side and no less than eight feet long as measured parallel with the pool side.
C. The special purpose pool is not located within four feet of a residential
swimming pool.
D. The deck elevation is no lower than the elevation at the base of the special
purpose pool or no more than 9 inches above the normal water line of the special
purpose pool."
Subd. 8 Steps or Ladders. Two or more means of egress in the form of steps or
ladders shall be provided for all residential swimming pools. At least one such means of
egress shall be located on a side of the pool at the deep end and one at the shallow end of
the pool. Treads of steps and ladders shall be constructed of non-slip material and shall
be at least three inches wide for their full length. Ladders and step holes shall have a
handrail on both sides. Steps shall be located only at the shallow end of the pool.
Subd. 9 Diving Area. Minimum depths and area shall be as follows:
Deck Intermediate One Meter
Level Board Board Board
Maximum distance 18 inches 30 inches 39.37 inches
above water
Minimum water depth 8 feet 8 feet 8.5 feet
five feet from tip of
driving board
Distrance of deep 10 feet 11 feet 12 feet
point from diving
well
Distance from deep 10 feet 11 feet 12 feet
point to transition
point
Minimum diving 2.5 feet 2.5 feet 3 feet
board overhand
Minimum distance 7 feet 7.5 feet 8 feet
from side wall to
center of board
At least 13 feet of free and unobstructed headroom shall be provided above diving boards.
One depth marking shall be provided in the deck or the wall of the pool above the high
450-5 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.10
water line indicating the greatest depth in feet. Diving structures shall be securely
anchored.
Subd. 10 Minimum Depth. The minimum depth for all pools shall be three feet except
for special purpose pools.
Subd. 11 Above Ground Swimming Pool; Fill. Swimming pools that are constructed
or erected wholly above ground are and shall be prohibited. No fill shall be placed or
grading done on the property to raise the ground elevation for the purpose of raising the
top elevation of the pool walls.
450.07 Recirculation System. A recirculation system consisting of pumps, piping, filters,
skimmers, valves, and disinfection equipment shall be provided which will clarify and disinfect
the swimming pool water volume in 12 hours or less. The recirculation system components shall
comply with NSF International 50, 1985.
450.08 Recirculation Pump. The recirculating pump shall have sufficient capacity to provide
the rated flows of the filter system, without exceeding the head loss at which the pump will
deliver such flows. The pump motor shall not be operated at an overload which exceeds the I
service factor. The pool pump shall be equipped on the inlet side with an approved hair and lint
interceptor. The basket of the interceptor shall be non-corrosive and have openings not larger
than one-fourth inch in diameter.
450.09 Pool Piping. The pool piping shall be sized to permit the rated flows for filtering and
cleaning without exceeding the maximum head at which the pump will provide such flows. In
general, the water velocity in the pool piping should not exceed more than six feet per second.
Where velocity is to exceed six feet per second, summary calculations shall be provided to show
that rated flows are possible with the pump and piping provided. The recirculating piping and
fittings shall meet the following requirements:
i
i
Subd. 1 Vacuum Fitting Location. Where vacuum fittings are provided, they shall be
located in accessible positions below the water line.
Subd. 2 Pool Recirculation Piping. Pool recirculation piping, passing through the
pool structure, shall be copper, brass, or approved equal tubing with a minimum wall
thickness of type "L".
Subd. 3 Pool Piping System. The pool piping system shall be constructed of
materials prescribed in the Minnesota State Plumbing Code.
Subd. 4 Inspection of Pool Piping. Except for the pool water supply line, all pool
piping must be installed by the pool contractor and must be inspected by the Building
Official prior to covering the system.
450.10 Recirculating Skimming Device. Recirculating skimming devices shall be provided
to skim the surface of the pool, with one unit installed to serve each pool, and such additional
450-6 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.12
units as may be required, to provide a minimum of one for each 600 square feet of pool water
surface or fraction thereof. Recirculating skimmers and pool inlets shall be located so that the
pool inlets assist the skimming action to adequately remove the film on the pool water surface.
When pools are irregularly or specially shaped, skimming devices shall be located in each offset.
450.11 Inlets. Adjustable inlets shall be located to produce uniform circulation of water
throughout the pool without the existence of dead spots.
Subd. 1 Minimum Number. A minimum of two inlets shall be required for each
pool, with an additional inlet for each additional 40 lineal feet or fraction thereof of pool
periphery over 120 lineal feet. Where automatic skimmers and skimmer-filter units are
used, inlets shall be installed so as to direct the flow of water in a horizontal plane to the
skimming device inlet. The minimum discharge depth of pool inlets shall be ten inches
below the pool operation level. When pools are irregularly or specially shaped, additional
inlets shall be installed in each offset.
Subd. 2 Make-up Water. Suitable facilities for adding make-up water shall be
provided. There shall be no physical connection between the water supply line and the
pool system. If the make-up water is added directly to the pool, the fill spout shall be at
least six inches above the upper rim of the pool. If the make-up water line discharges to a
surge or balancing tank, the point of discharge shall be at least six inches above the rim of
the tank. If a hose connection from a sill cock or other plumbing fixture is to be used for
supplying make-up water, then an approved vacuum breaker shall be installed between
the sill cock or control valve at the fixture and the hose connection. Any sill cock used
for this service shall be located under a diving board or installed in a manner approved by
the Sanitarian so as to remove any hazard.
Subd. 3 Conformance with Minnesota State Plumbing Code. The systems
supplying recirculated water and make-up water to the pool shall be constructed in
conformance with the Minnesota State Plumbing Code.
450.12 Outlets.
Subd. 1 Main Outlets. Main outlets, for purposes of recirculation and emptying
the pool, shall be so located as to provide at least one outlet at the deepest point in the pool if the
pool width does not exceed 20 feet. If the pool width is more than 20 feet, multiple outlets shall
be provided and spaced not more than 20 feet apart, nor more than ten feet from walls. All main
outlets shall be equipped with gratings having an area of openings not less than four times the
cross-sectional area of the outlet pipe. The gratings shall be designed so that they cannot be
readily removed by bathers and will not injure fingers of bathers.
Subd. 2 Drainage. If the pool cannot be drained by gravity, it shall be equipped with
valves and pumps for completely emptying the pool. The discharge of the pool water to
the sanitary sewer, or other suitable disposal unit acceptable to the Sanitarian, shall be at a
rate not to exceed 250 gallons per minute. No direct connection shall be made to the
sanitary sewer. The outlet from the pool recirculation system shall terminate at least six
450- 7 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.19
inches above the receptacle connected to the sewer. The drainage system shall be
constructed under the supervision of a licensed plumber and in conformance with the
provisions of the Minnesota State Plumbing Code. Water drained from the pool shall not
be discharged to the sanitary sewer system during periods of rainstorms.
450.13 Heater. Gas-fired swimming pool heaters and swimming pool boilers shall bear the
American Gas Association seal of approval. Oil burning equipment shall bear the Underwriters
Laboratory seal of approval.
450.14 Water Supply. Water supplies serving all swimming pools shall be of a safe and
sanitary quality or otherwise acceptable to the Sanitarian. The installation of the pool water
supply piping and connection to the source of supply shall be under the supervision of a licensed
plumber.
450.15 Test. All pool piping and the installation and construction of the pool piping system
shall be in accordance with the approved plans. The entire pool piping system shall be tested
with an air test of 50 PSI and proved tight before covering or concealing.
i
450.16 Chemical Treatment and Pool Water Quality. Gaseous chlorinating systems shall
not be used as a disinfecting method for residential swimming pools. Residential swimming
pools,public and semi-public pools shall meet the following standards:
I
Subd. 1 Free Chlorine. The free chlorine content shall be maintained between five-
tenths (0.5) and three(3.0)parts per million.
Subd. 2 Alkalinity. The pH level shall be maintained at between 7.2 and 7.8.
Subd. 3 Bacteriological Quality. A sample of swimming pool water shall be
considered satisfactory when the total bacterial count at 35 degrees centigrade does not
exceed 200 colonies per milliliter and no organisms of the E. Coli group are present in a
50 milliliter portion as determined by the membrane filter method. Procedures and
interpretations relating to bacteriological quality shall be done in accordance with the
Standard Methods for the Examination of Water and Waste Water, 13th Edition.
(APHA).
450.17 Indicator Kit. An indicator kit capable of measuring free chlorine residuals in
swimming pool water accurate within one-tenth part per million shall be provided.
450.18 Safety Rope and Anchors. A safety rope and anchors shall be provided at the water
line when the designed pool operating water level is four and one-half feet or less.
450.19 Electrical Requirements.
Subd. 1 Code Conformance. All electrical installations provided for, installed and
used in conjunction with residential swimming pools shall conform with the provisions of
Section 410 of this Code.
450- 8 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.24
Subd. 2 Electrical Conductors. No current-carrying electrical conductors shall cross
residential swimming pools, either overhead or underground or within ten feet of such
pools, except as necessary for pool lighting or pool accessories.
Subd. 3 Grounding. All metal fences, enclosures, or railings near or adjacent to
residential swimming pools, which might become electrically alive as a result of contact
with broken overhead conductors, or from any other cause, shall be effectively grounded.
450.20 Operation and Maintenance. No residential swimming pool shall be used, kept,
maintained or operated in the City, if such use, keeping, maintaining or operating shall be the
cause of any nuisance or shall be dangerous to life or detrimental to health.
450.21 Inspection. The Sanitarian shall have authority to inspect any residential swimming
pool at any reasonable time during construction and thereafter to determine whether or not the
provisions of this Section regarding health, sanitation, operation and safety are being complied
with. The Building Official shall have authority to enter upon any premises to inspect work done
and installations made under any permit issued pursuant to this Section.
450.22 Shielding Light. Lights used to illuminate any swimming pool shall be so arranged
and shielded as to reflect light away from adjoining premises.
450.23 Location. No portion of a swimming pool or any appurtenance shall be located within
ten feet of any side or rear lot line, nor in the required front yard as provided in Section 850 of
this Code. No portion of a special purpose pool or any appurtenance shall be located within five
feet of any side or rear lot line, nor in the required front yard as provided in Section 850 of this
Code.
450.24 Fence. All swimming pools and special purpose pools shall be completely enclosed by
a non-climbing type fence. All fence openings or points of entry into the pool area enclosure
shall be equipped with gates. The fence and gates shall be at least four feet in height and shall be
constructed of number eleven gauge woven wire mesh corrosion-resistant material, or of other
materials approved by the Building Official. All gates shall be equipped with self-closing and
self-latching devices placed at the top of the gate or otherwise inaccessible to small children. All
fence posts shall be decay or corrosion-resistant and shall be set in concrete bases, or other
suitable protection. The openings between the bottom of the fence and the ground or other
surface and the openings between the vertical pickets shall not be more than four inches. Except
a special purpose pool need not meet the fence requirement provided:
A. The special purpose pool is equipped with a safety cover listed in accordance with
American Society for Testing and Materials (ASTM) Standard F 1346, "Standard
Performance Specification for Safety Covers and Labeling Requirements for All Covers
for Swimming Pools, Spas and Hot Tubs.
B. The safety cover is secured and locked in place at all times the special purpose pool is
not occupied.
450-9 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.27
450.25 Safety Precautions.
Subd. 1 Ring Buoys. Every residential swimming pool shall be equipped with one or
more throwing buoys not more than 15 inches in diameter and having 60 feet of 3/16 inch
Manila line attached, and one or more light but strong poles with blunted ends, not less
than 12 feet in length, for making reach assist or rescue.
Subd. 2 Diving Board Height. The height of diving boards above the pool water
level shall be in accordance with Subsection 450.06, Subd. 9. The Sanitarian may
authorize greater diving board heights when it is shown that such increased height will
provide an equally safe diving board height-maximum pool depth ratio.
450.26 Other Design and Equipment. Any swimming pool, the design and equipment of
which incorporates features other than those set forth in this Section, shall be subject to review
and approval by the Sanitarian in accordance with acceptable standards and in conformance with
current public health and safety practices.
450.27 Public or Semi-Public Swimming Pool and Special Purpose Pool.
Subd. 1 Construction and Operation. Any public or semi-public swimming pool or
I
special purpose pool shall be constructed and operated in accordance with the public and
semi public provisions contained in the Minnesota Department of Health Rules
4717.0100 -4717.3900.
Subd. 2 Rules on File. Three copies of said rules, each marked "Official Copy", is on
file in the office of the Clerk and shall remain on file for use and examination by the
public.
Subd. 3 Official Investigation. The Sanitarian and Building Official may enter upon
any premises for the purpose of conducting preconstruction surveys, intermediate
construction investigations and operational investigations. Such entries may be made at
such times as may be deemed necessary to determine that the facilities are constructed in
accordance with approved plans, and maintained and operated in accordance with the
requirements of the rules described in this Subsection.
Subd. 4 Valid License. No person shall operate or maintain a public or semi-public
swimming pool or public or semi public special purpose pool without having first
obtained a valid license issued by the City. The provisions of Section 160 of this Code
shall apply to all licenses required by this Subsection and to the holders of such licenses.
A. In addition to the applicant's name and address, the applicant for a license
shall furnish the address of the premises where the pool is situated or is to be
situated.
B. The fee for a license required by this Subsection shall be in the amount set
forth in Section 185 of this Code.
450- 10 Supplement 2001-01
City of Edina Buildings, Construction and Signs 450.27
C. Licenses issued pursuant to this Section shall expire on March 31 of each
calendar year.
D. It shall be the duty of the Sanitarian to enforce the provisions of this
Subsection.
History: Ord 434 codified 1970; amended by Ord 434-A1 10-27-71, Ord 434-A2 2-7-74, Ord
434-A3 2-16-77, Ord 434-A4 6-27-79, Ord 434-A5 5-14-80, Ord 434-A6 6-17-81, Ord 434-A7 3-
30-83, Ord 434-A8 6-13-84, Ord 434A-9 8-14-85, Ord 434-A10 5-13-87; Ord 2000-5 5-16-00
Cross Reference: Sections 160, 185, 410, 850
450- 11
I
City of Edina Fire and Explosives 605.02
Section 605 - Adopting Fire Codes, Establishing Bureau of
Fire Prevention and Fire Lanes
605.01 Adoption of Codes. The following are adopted and incorporated by reference as a
section of this Code:
Subd. 1 Minnesota Uniform Fire Code. The 1998 Minnesota Uniform Fire Code
(the "MUFC"), promulgated by the State Department of Public Safety as published June
29,1 998 in Minnesota Rules, specifically Minnesota Statutes 1998 (229F.011 Parts
7510.3310 through 3360, 3410 through 3440, 3460 through 3480, 3540, 3580, 3590,
3640, 3660 and 3700 with the changes and omissions as set for in this Section.
Subd. 2. Uniform Fire Code. The 1997 Edition of the Uniform Fire Code
promulgated by the International Conference of Building Officials and the Western Fire
Chiefs Association (the "UFC"), with the changes and omissions as set forth in this
Section and in the MUFC.
Subd. 3 Appendices. The following appendices of the UFC are adopted as part of
this Code: 1-A,II-D, II-E, II-K, II-L, IV-B, and VI-A.
605.02 Amendments to the MUFC and UFC.
Subd. 1 Article 1. Article 1, Section 105 "Permits" of UFC is included in its
entirety:
Subd. 2 Article 10. Article 10 "Fire Protection" of UFC as adopted by MUFC is
amended as follows:
Section 1001 General is amended by adding a new subsection 1001.3 reading as
follows: "1001.3 Permits for the installation of fire protection systems shall be
obtained as provided for in Section 625 of this Code."
The remaining sections are to be re-numbered 1001.4 through 1001.11
respectively.
Subd. 3 Article 11. Article 11, "General Precautions Against Fire" of UFC as
adopted by MUFC is amended as follows:
A. Section 1102.3 Open Burning is amended by adding to it new sections as follows:
Section 1102.3.1 Open Fires Prohibited. No person shall ignite, cause to be
ignited, or maintain an open fire except as permitted in Section 1102.3.
Section 1102.3.2 Certain Open Fires Permitted. An open burning permit in
accordance with Section 1101.3 may be issued for the following purposes:
1. Instruction and training of firefighting personnel.
2. Abatement of hazards that, in the opinion of the Fire Chief, cannot be
abated by other reasonable means.
605- 1 Supplement 2001-01
i
City of Edina Fire and Explosives 605.08
3. Management of vegetation by the jurisdiction, other governmental
agencies, or other individuals that, in the opinion of the Fire chief, show a
valid need, and under the direction of the Fire Department.
4. Special events or ceremonies by recognized organizations, not
conforming to Appendix II-K and under the direct supervision of the Fire
Department.
B. The remainder of the sections shall be re-numbered 1102.3.3 through 1102.3.9
respectively.
605.03 Codes on File. One copy of each of the following, each marked "Official Copy", is on
file in the office of the Clerk and shall remain on file and available for use and examination by
the Public:
A. MUFC.
B. UFC.
605.04 Definitions.
Subd. 1 Jurisdiction. Wherever the term "jurisdiction" is used in the MUFC, it shall
mean the City.
Subd. 2 Chief. Wherever the term "chief' is used in the MUFC, it shall mean the
Fire Chief or an authorized representative.
605.05 Establishment of the Bureau of Fire Prevention. The Bureau of Fire Prevention is
continued as part of the Fire Department. It shall be operated under the supervision of the Fire
Chief. The members of the Bureau of Fire Prevention shall be the Fire Chief, an assistant chief,
and all inspectors of the Fire Department. The Fire Chief from time to time may appoint
inspectors of the Fire Department.
605.06 Enforcement; Appeals. The provisions of this Section shall be enforced by the
Building Official and the Bureau of Fire Prevention in accordance with Subsections 470.03
through 470.10 of this Code. Appeals from any order issued under this Section by the Building
Official or the Bureau of Fire Prevention shall be made in accordance with Subsections 470.03
through 470.10 of this Code.
605.07 Permit Fee. The fee for each permit required by this Section and for each annual
renewal of a permit shall be in the amount set forth in Section 185 of this Code. Unless
otherwise noted, all permits shall expire one year from the date of issuance.
605.08 Fire Lanes.
Subd. 1 Establishment. The Bureau of Fire Prevention may establish fire lanes on
public or private property as may be necessary to comply with the MUFC and in order
that the travel of fire equipment may not be interfered with and that access to fire
hydrants or buildings may not be obstructed.
605 -2 Supplement 2001-01
City of Edina Fire and Explosives 605.10
Subd. 2 Existing Fire Lane Signs. Fire lanes in existence prior to the effective
date of this Section shall be permitted to remain using existing signs so long as such signs
are maintained in good repair and condition. If the Bureau of Fire Prevention determines
that such signs are not maintained as required in this Section, it may require signing as
provided in Subd. 3 of this Subsection.
Subd. 3 New Fire Lanes and Sign Specifications. Fire lanes established after the
effective date of this Code, or existing fire lanes changed after the effective date of this
Code, shall be marked by signs, not more than 100 feet apart, bearing the words, "No
Parking, Fire Lane, By Order of the Fire Chief', with the first and last sign marking the
limits of the fire lane. The signs shall have red letters and a red border on a white
background, shall be 12 inches by 18 inches in size and shall otherwise comply with the
standards from time to time established by the Fire Chief for such signs.
Subd. 4 Maintenance of Signs. When the fire lane is on public property or public
right-of-way, the sign or signs shall be erected and maintained by the City, and when on
private property, they shall be erected by the owner at the owners expense within 30 days
after the owner has been notified of the order. After these signs are erected they shall be
maintained by the owner at the owners expense. After the signs are erected, no person
shall park a vehicle in or otherwise occupy or obstruct the fire lane.
Subd. 5 Towing Authorization. Whenever any member of the Bureau of Fire
Prevention or a police officer finds a vehicle unattended and occupying or obstructing a
fire lane, such member of the Bureau of Fire Prevention or police officer is authorized to
provide for removal and impoundment of the vehicle at the expense of the owner of the
vehicle.
Subd. 6 Violation Exemption. Violations of this subsection are exempted from
the provisions of Subsection 605.09 and instead shall be governed and enforced by
Subsection 100.09 of this Code.
605.09 Violation. No person shall be convicted of violating this Section unless such person
shall have been given notice of the violation in writing and have had a reasonable time to
comply.
605.10 Interpretation. In the event of a conflict between the provisions of the MUFC and
UFC as adopted by this Section, the most stringent provision shall apply. Provided, however, that
no provision of this Section shall be interpreted to exceed the provisions of the Building Code.
History: Ord 613 adopted 5-16-90; Ord 1999-9 4-28-99; Ord 2000-07.7-5-00; Ord 2001-7 10-
3-01
Reference: M.S. 299F, Minnesota Rules, 1991, Section 7510
Cross Reference: Sections 185, 410; Subsections 100.09, 470.03 through 470.10
605-3 Supplement 2001-01
City of Edina Fires and Explosives 620.05
Section 620 - Commercial Cooking Ventilation Systems
620.01 Definition of Commercial Cooking Ventilation System. Hoods, filters, grease
removal devices, and ducts located within or accessory to a food establishment as defined
in Section 720 of this Code. A commercial cooking ventilation system includes commercial
food heat-processing equipment as defined by the Uniform Mechanical Code.
620.02 Servicing and Cleaning. All commercial cooking ventilation systems shall be
periodically serviced and cleaned to prevent surfaces from becoming contaminated with
combustible grease deposits.
620.03 Inspection and Correction.
Subd. 1 Inspection. The Bureau of Fire Prevention may inspect any commercial
cooking ventilation system as frequently as the Bureau of Fire Prevention may deem
necessary to ensure compliance with this Section.
Subd. 2 Correction of Violation. All owners or operators of food establishments
having received a notice of a violation of this Section from the Bureau of Fire
Prevention shall correct the violation so listed within the time limit specified in the
notice.
620.04 Permit Required. Any person servicing or cleaning a commercial cooking
ventilation system shall first obtain a permit from the Bureau of Fire Prevention. The
application for permit shall be made on forms provided by the Bureau of Fire Prevention
and shall be accompanied by the fee in the amount set forth in Section 185 of this Code.
620.05 Inspection and Approval of Work. Upon completion of servicing or cleaning, the
Bureau of Fire Prevention shall be notified for inspection and approval of the work.
History. Ord 644 adopted 7-20-83
Cross Reference. Sections 185, 720
620 - 1
City of Edina Fires and Explosives 625.04
Section 625 - Fire Protection Systems
625.01 Definition of Fire Protection System. Any grouping, arrangement or system of
equipment or devices intended to detect, control or suppress a fire, including, without
limitation, any fire alarm system, sprinkler system, fire department standpipe system or
fixed fire extinguishing system.
625.02 Codes and Standards. All fire protection systems shall be installed in full
compliance with applicable provisions of this Code including the Building Code and Fire
Code of the City.
625.03 Permit Required; Exemption_ Each person, before installing, reinstalling,
extending, altering or modifying any fire protection system, shall make application to the
Building Official for a permit for that purpose and shall furnish a full description of the
work together with such plans and specifications as may be required by the Building
Official or any member of the Bureau of Fire Prevention. The application shall be on forms
provided by the Building Official. The application shall be accompanied by the fee in the
amount set forth in Section 185 of this Code. No permit shall be required for the
installation, reinstallation, extension, alteration, or modification of a fire protection system
in a single dwelling unit or double dwelling unit building.
625.04 Inspection_ All fire protection systems installed under permit shall be inspected
by the Building Official, Bureau of Fire Prevention or by a special inspector designated by
the Building Official. Inspection shall be made during installation and before closure or
concealment. A final inspection and full operating test, with test results satisfactory to the
Building Official, shall be made before approval of the system will be given by the City.
History. Ord 645 adopted 10-26-83
Cross Reference: Section 185
625 - 1
City of Edina Health 700.05
CHAPTER 7. HEALTH
Section 700 - Community Health Board,
Department of Health and Sanitarian
700.01 Board of Health Created; Adoption of State Statute. A Community Health Board
is continued pursuant to M.S. Chapter 145A. It is to be composed of the members of the
Council. The provisions of M.S. Chapter 145A are hereby incorporated into and made a
part of this Code by reference thereto.
700.02 Duties of Community Health Board. The Community Health Board shall make
the investigations and reports and obey the directions concerning communicable diseases
as the Minnesota Commissioner of Health may require or give. Under the general
supervision of said Commissioner, the Board shall cause any State laws and regulations
relating to the public health to be obeyed and enforced. The Community Health Board
shall also have general supervision of the enforcement of sections of this Code relating to
public health and sanitation by the City Department of Health as set forth in Subsection
700.03.
700.03 City Department of Health Continued. A City Department of Health is hereby
continued. It is to be composed of a Sanitarian and such other persons as may be deemed
necessary and advisable.
700.04 Sanitarian. The Sanitarian shall be appointed by the Manager. The Manager may
also appoint a deputy sanitarian. The deputy sanitarian shall assume all the duties of the
Sanitarian during the Sanitarian's absence. The Sanitarian and the deputy sanitarian shall
be qualified for such position by academic training or experience in matters concerned with
and related to public health.
700.05 Duties of City Department of Health The City Department of Health shall
perform such duties as may be assigned to it by the Community Health Board. The City
Department of Health shall enforce all sections of this Code relating to health, sanitation
and the control and prevention of communicable diseases. It also shall inspect sanitary
conditions in the City and shall perform such other duties as may be required by this Code.
History: Ord 701 codified 1970
Reference. M.S. 145A
700 - 1
City of Edina Land Use, Platting and Zoning 815.02
Section 815 - Antennas and Towers
815.01 Purpose and Objectives. The purposes and objectives of this Section are to provide
for the safe installation of antennas, dish antennas and towers and to minimize the adverse
aesthetic impact of antennas, dish antennas, and towers on surrounding properties, while
permitting reasonable reception and transmission of signals from antennas, dish antennas and
towers without excessive costs on the owners of antenna, dish antennas and towers and to
facilitate wireless telecommunications services to residents and business. To lessen the adverse
aesthetic impact on surrounding properties because of the unsightly nature of antennas, dish
antennas and towers, and preserve the high quality residential character of Edina, and to ensure
that antennas, dish antennas, and towers are installed in a manner that can withstand high
winds and other adverse weather conditions and do not constitute a nuisance or pose a safety
concern, the Council has determined to impose size, height, location and installation
restrictions and requirements on antennas, dish antennas and towers. The different size and
shapes of antennas, dish antennas and towers results in different degrees of adverse aesthetic
impact on surrounding properties and different safety concerns. Because of the different
aesthetic impacts and safety concerns this Section imposes different location, size, height and
installation restrictions and requirements for antennas, dish antennas and towers. In particular,
this Section imposes different restrictions and requirements for dish antennas. The size and
shape of dish antennas make them more obtrusive and less likely to blend in with their
surroundings which results in a greater adverse aesthetic impact on surrounding properties than
antennas and towers and the shape of dish antennas makes them subject to a high amount of
wind force because the dish shape will trap wind, with the larger the dish or higher the
supporting structure resulting in greater wind force on the base of the structure. In determining
these differing restrictions and requirements the Council has considered what size and height is
necessary for an antenna, dish antenna and tower to provide quality use and afford reasonable
reception and transmittal of signals and believes that the location, size, height and installation
restrictions and requirements of this Section permit antennas, dish antennas and towers to
reasonably receive and transmit their intended signals and do not impose excessive costs on
owners of antennas, dish antennas and towers.
This section also provides a process for considering modifications to the requirements of this
Section in order to provide suitable sites for towers and antennas and encourage innovation in
tower and antenna designs while protecting other properties in the vicinity from the adverse
aesthetic impact of towers and antennas.
815.02 Definitions. Words and phrases used in this Section which are defined in Section 850
of this Code shall be construed in this Section according to their definitions contained in
Section 850. The following words and terms shall have the following meanings in this Section:
Antenna. Equipment used for transmitting or receiving telecommunication, television
or radio signals, which is located on the exterior of, or outside of, any building or
structure. For purposes of this Section, "antenna" does not include "dish antenna".
Commercial Use Antenna or Tower. An antenna or tower erected for a personal
wireless telecommunication service or for any other purpose other than for the private
use and enjoyment of the owner of the tower or antenna and the premises upon which it
815-1 Supplement 2003-01
City of Edina Land Use, Platting and Zoning 815.04
i
is located, including amateur radio antennas and antennas receiving television signals
for personal use.
Dish Antenna. A parabolic shaped antenna (including all supporting apparatus) which
is used for transmitting or receiving telecommunication, television or radio signals,
which is located on the exterior of, or outside of, any building or structure.
I
Height. The vertical distance from the tower's, antenna's, or dish antenna's point of
contact with the ground, or rooftop to its highest point, including all attachments and II
supporting apparatus.
Personal Wireless Telecommunication Service. Licensed commercial wireless
services including cellular, personal communication services (PCS), specialized mobile
radio (SMR), enhanced mobilized radio (ESMR), paging, and similar services that are
marketed to the general public.
Public Utility. Persons, corporation, or governments supplying gas, electric,
transportation, water, sewer, or land line telephone service to the general public. For
purposes of this Section, personal wireless telecommunication service facilities shall not
be considered as public utilities.
Tower. Any pole, spire or structure, or any combination, thereof including all
supporting lines, cables, wires and braces, intended primarily for the purpose of
mounting an antenna or dish antenna.
815.03 Permit Required; Exemptions. No antenna, dish antenna or tower of any kind shall
be erected, constructed or placed, or re-erected, re-constructed or replaced, anywhere within
the City without fust making an application for and obtaining a permit from the City.
Provided, however, no permit shall be required for the following:
A. Dish antennas not greater than nine square feet in cross sectional area, which
do not exceed six feet in height.
B. All towers or other antennas which do not exceed six feet in height.
C. Antennas, dish antennas and towers erected or constructed by the City for
City purposes.
D. Structures and facilities directly related to the provision of services by a
public utility including but not limited to water towers, lights, signals, power
and telephone poles, and poles supporting emergency warning devices.
815.04 Application for Permit; Issuance; Fee. Application for a permit required by this
Section shall be made to the Building Official in the same manner, and containing the same
information, as for a building permit pursuant to Section 410 of this Code. The application
shall be accompanied by the fee set forth in Section 185 of this Code. Such permit shall be
issued by the Building Official.
815-2 Supplement 2003-01
City of Edina Land Use, Platting and Zoning 815.05
815.05 General Requirements. All antennas, dish antennas and towers, for which a permit is
required shall comply with the following requirements:
Subd. 1 Compliance with Applicable Provisions. All applicable provisions of Section
410 of this Code, including wind loading requirements set forth in the State Building
Code.
Subd. 2 Grounding. .Antennas, dish antennas and towers shall be grounded for
protection against a direct strike by lightning and shall comply, as to electrical wiring
and connections, with all applicable provisions of this Code and State law.
Subd. 3 Proximity to Power Lines. No antenna, dish antenna or tower shall exceed a
height equal to the distance from the base of the antenna, dish antenna or tower to the
nearest overhead electrical power line (except individual service drops), less five feet.
Monopoles designed to comply with the wind loading requirements of the Uniform
Building Code need not conform to the requirements of this Subd.. 3.
Subd. 4 Protection from Climbing. Antennas, dish antennas or towers shall be
protected to discourage climbing by unauthorized persons.
Subd. 5 Restrictions on Attachments. No antenna, dish antenna or tower shall have
affixed to it any signs, banners or placards of any kind, (except one sign not over ten
square inches in area may be affixed indicating the name of the manufacturer or
installer) nor shall any lights, reflectors, flashers or other illuminating devices be
affixed except as required by the Federal Aviation Administration or Federal
Communications Commission.
Subd. 6 Prohibited Attachments. No tower shall have constructed on it, or attached
to it, in any way, any platform, catwalk, crow's nest or similar structure except
structures necessary for the maintenance of antennas.
Subd. 7 Construction Material Restrictions. All towers shall be constructed of
corrosive-resistant steel or other corrosive-resistant, non-combustible materials. Towers
shall not be constructed or made of wood, including timbers or logs.
Subd. 8 Prohibited Extensions. No part of any antenna, dish antenna or tower nor
any lines, cables, equipment, wires or braces used in connection with any tower or
antenna shall, at any time, extend across or over any part of a street, sidewalk or alley.
Subd 9 Design of Personal Wireless Communication Service Towers. Personal
wireless communication service towers shall be of a monopole design and shall blend
into the surrounding environment through the use of color, camouflaging and other
architectural treatment
Subd 10 Antennas Attached to Buildings. Antennas which are attached to any facade
of a building or structure shall as closely as possible match the color of the underlying
building material.
815-3
City of Edina Land Use, Platting and Zoning 815.06
Subd. 11 Interference with Public Safety Telecommunications. No new or existing
telecommunications service shall interfere with public safety telecommunications.
815.06 Location and Screening.
Subd. 1 Setbacks. No part of any tower, dish antenna or antenna shall be constructed,
located or maintained, at any time, permanently or temporarily, within any setback
required by Section 850 of this Code for an accessory building or structure for the
Zoning District in which the antenna, dish antenna or tower is located.
I
Subd. 2 Additional Restrictions for Towers and Antennas in Excess of 30 Feet in
Height. The following minimum distance shall be provided between towers which
exceed 30 feet in height, and the buildable area of the nearest lot in the R-1 or PRD-1
District which is used for residential purposes:
TOWER HEIGHT MINIMUM DISTANCE
75 feet or less Four times the heights of the tower/antenna
More than 75 feet Six times the height of the tower/antenna
Subd. 3 Additional Restrictions for R-1 and R-2 Districts. In addition to the
requirements of Subd. 1 and Subd. 2 of this Subsection, the following requirements
apply to lots in the R-1 District and R-2 District as established by Section 850 of this
Code other than lots in the R-1 District developed with a conditional use:
A. Dish antennas.
1. Dish antennas greater than nine square feet in cross section area shall
not be located on the roof or exterior wall of a principal or accessory
building.
2. Dish antennas shall only be located in the rear yard.
B. All antennas and towers including dish antennas.
1. No antenna, dish antenna or tower shall be located in the front yard.
2. No antenna, dish antenna or tower, shall be constructed, located or
maintained, at any time, permanently or temporarily, closer to the
allowed buildable area of a principal building on any adjacent lot than it
is to the principal building on the lot on which it is located.
Subd. 4 Screening for Dish Antennas. The Building Official may require, as a
condition to a permit, that a dish antenna installed in a non-residential district be
screened from residential districts located within 100 feet of the dish antenna. Such
required screening shall comply with the requirements of Subd. 2 of Subsection 850.10
of this Code.
815-4
City of Edina Land Use, Platting and Zoning 815.07
Subd. 5 Proximity to Other Towers. No personal wireless telecommunications
service tower in excess of 50 feet in overall height shall be erected within 1000 feet of
any other personal wireless telecommunication service tower exceeding 50 feet in
overall height. It is the intent of this provision to encourage the co-location of
telecommunication facilities on the same tower or on existing buildings or other
structures thereby reducing the number of towers in the City.
Subd. 6 Commercial Use Towers and Antennas Prohibited in the R-1, R-2, PRD-1
and PRD-2 Districts. Subject to the requirements of this Section, towers and antennas
of all kinds may be erected in the R-1, R-2, PRD-1, and PRD-2 Districts only for the
private telecommunication use of the residents of the premises. This prohibition does
not apply to properties in these districts developed with conditional uses, publicly
owned property, and golf courses.
Subd. 7 Commercial Use Towers Prohibited in Other Residential Districts. Towers
and ground mounted antennas may be erected in the PRD-3, PRD-4, PRD-5, PSR-3,
and PSR-4 Districts only for the private telecommunication use of the residents of the
premises. Subject to the requirements of this Section, commercial use antennas may be
affixed to buildings in these Districts.
815.07 Height Restrictions.
Subd. 1 Certain Residential Districts. In the R-1, R-2, PRD-1 and PRD-2 Districts
except lots developed with conditional uses as established by Section 850 of this Code,
publicly owned property or golf courses:
A. Except as provided in Subd 4 of this Subsection 815.07, no ground mounted
antenna, ground mounted tower or ground mounted tower with an antenna shall
exceed 30 feet in height.
B. Towers and antennas mounted on or attached to a building or structure shall
not extend higher than 18 feet above the highest point of the building or
structure.
C. Dish antennas shall not be in excess of 12 feet in height.
Subd. 2 Certain Residential and Non-residential Districts. In the PRD-3, PRD-4,
PRD-5, PSR-3, PSR-4, MDD-3,4,5,6, POD-1, PCD-1,2,4, APD and RMD Districts
and on lots in the R-1 District developed with conditional uses, publicly owned
property or golf courses:
A. No ground mounted antenna, ground mounted tower or ground mounted
tower with an antenna shall exceed 75 feet in height.
B. Roof mounted antennas and towers shall not extend higher than 18 feet
above the highest point of the building or structure.
C. Dish antennas shall have an overall height of no more than 18 feet.
815-5
City of Edina Land Use, Platting and Zoning 815.10
Subd. 3 PCD-3, POD-2 and PID Districts. In the PCD-3, POD-2 and PID Districts
as established by Section 850 of this Code:
A. No ground mounted antenna, ground mounted tower or ground mounted
tower with antenna shall exceed 125 feet in height.
B. Roof mounted antennas and towers shall have a height of no more than 18
feet above the highest point of the building or structure.
C. Dish antennas shall have an overall height of no more than 18 feet.
Subd. 4 Amateur Radio Antennas. In accordance with the Federal Communications
Commission's preemptive ruling PRB1, towers and antennas erected for the primary
purpose of supporting amateur radio communications may exceed the height restrictions
of Subd. 1 of this Subsection 815.07 but shall not exceed 65 feet in height.
I
815.08 Co-Location Requirements. No permit shall be issued for a personal wireless
communication service tower measuring 75 feet or more in height unless the tower is designed
in all respects to accommodate facilities for at least one additional user. Such towers must be
designed to allow for the rearrangement of antennas to accommodate new antennas mounted on
the tower.
815.09 Existing Antennas and Towers. Existing antennas, dish antennas and towers which
do not conform to or comply with this Section are subject to the following provisions:
i
Subd. 1 Use and Replacement. Existing antennas, dish antennas and towers may
continue to be used for the purposes now used and as now existing, except as provided
in Subd. 2 of this Subsection, but may not be replaced, expanded, enlarged or added to
in any way without complying in all respects with this Section, except that antennas
may be replaced, without so complying, provided the new antenna or dish antenna fully
complies with the provisions of this Section.
Subd. 2 Destroyed or Damaged Antennas, Dish Antennas or Towers. If an antenna,
dish antenna or tower is damaged or destroyed due to any reason or cause whatsoever,
the same may be repaired and restored to its former use, location and physical
dimensions upon obtaining a building permit but without otherwise complying with this
Section. Provided, however, that if the cost of repairing or restoring such damaged or
destroyed antenna, dish antenna or tower would be 50 percent or more, as estimated by
the Building Official, of the cost of purchasing and erecting a new antenna, dish
antenna or tower of like kind and quality and to the former use, physical dimensions
and location, then the antenna, dish antenna, or tower may not be repaired or restored
except in full compliance with this Section.
815.10 Number of Antennas, Dish Antennas and Towers In Residential Districts. No
more than one exempt antenna, as provided in Subsection 815.03, one dish antenna requiring a
permit under the provisions of this Section, and one tower with antennas shall be allowed at
any one time on any lot in a residential district used for residential purposes.
815-6
City of Edina Land Use, Platting and Zoning 815.13
815.11 Modifications. A modification to any requirements of this Section shall be processed
in the manner as a variance as set forth in Subd. 1 of Subsection 850.04 of this Code. If the
requested modification pertains to the requirements of Subd 2 or Subd 5 of Subsection 815.06,
the Zoning Board of Appeals shall, in addition to other facts and circumstances, find the
following:
A. The proposed location is essential for the operation of the
telecommunications system as determined by a qualified professional engineer.
B. Existing towers or other structures in the vicinity cannot accommodate the
proposed communication facilities due to inadequate structural capacity as
documented by a qualified professional engineer.
C. Existing towers or other structures in the vicinity cannot accommodate the
proposed communication facilities due to interference with existing or planned
communication facilities as documented by a qualified professional engineer.
D. Existing towers or other structures in the vicinity cannot accommodate the
proposed communication facilities due to inadequate height as documented by a
qualified engineer.
E. Owners of existing towers or other structures in the vicinity have denied
permission to located the proposed communication facilities on such existing
towers or other structures.
F. The proposed tower or antenna has been designed to reduce or eliminate
adverse effects on adjoining properties including visual obtrusiveness.
815.12 Abandoned Antennas, Dish Antennas and Towers; Removal. Any antenna, dish
antenna or tower which is not used for twelve successive months shall be deemed abandoned
and may be required to be removed in the same manner and pursuant to the same procedures
as for dangerous or substandard buildings established by Section 470 of this Code.
815.13 Interpretation. It is not the intention of this Section to interfere with, abrogate or
annul any covenant or other agreement between parties. Where this Section imposes a greater
restriction upon the use of premises for antennas, dish antennas or towers than are imposed or
required by other Sections of this Code, rules, regulations or permits, or by covenants or
agreements, the provisions of this Section shall govern.
History: Ord 812 adopted 6-10-71; amended by Ord 812 AI 6-17-81, Ord 812-A2 6-12-85,
Section 815 codified 8-26-92, Ord 1992-3 adopted 11-2-92, Ord 1997-5 8-18-97
Cross Reference: Section 185, 410, 850; Subsection 850.10
815-7
City of Edina Land Use, Platting and Zoning 830.02
Section 830 - Tree Removal, Grading and Excavations
830.01 Purpose. The Council finds and declares that the lands and vegetation of the City
are a valuable resource requiring protection from the effects of urbanization. The purpose
of this Section is to regulate land disturbing activities to prevent undue loss of the urban
forest, reduce erosion and sedimentation and enhance the natural beauty of the City in the
interest of the health, safety and welfare of the residents.
830.02 Definitions.
Subd. 1 Terms Defined in Section 850. The following terms shall have the
meanings stated in Section 850 of this Code:
District.
Lot.
Parcel.
Principal Building.
R-1 District.
R-2 District.
Subd. 2 Terms Defined in this Section. Unless the context clearly indicates
otherwise, the following terms shall have the meanings as stated:
Earth. Soil, rocks, rip-rap, gravel, sand, soil, and all similar material.
Grading. Any movement of earth, including without limitation, any
excavation, stockpiling, land disturbing activity, cutting, filling, or any
combination of movement.
Open Pit or Excavation. Any grading creating a depression exceeding 200
square feet in area, the bottom or lowest point of which is two feet or more
below the immediately adjoining unexcavated land. A swimming pool as
defined by Section 450 of this Code is not an open pit or excavation for
purposes of this Section.
Tree. A woody, perennial plant usually with one main stem or trunk and
with many branches, which has a diameter of greater than six inches when
measured at a point four feet above ground level.
830 - 1
City of Edina Land Use, Platting and Zoning 830.05
830.03 Activities Requiring a Permit. Except as provided in Subsection 830.04, no
person shall engage in any of the following activities without first obtaining a permit:
Subd. 1 Tree Removal. Removal of a living tree or trees from a lot or parcel not
improved with a principal building.
Subd. 2 Grading. Grading in connection with any one project involving more
than:
A. Ten cubic yards of earth in the aggregate on a lot located in the R-1
District or R-2 District which lot is used or intended to be used for a single
dwelling unit or double dwelling unit building.
B. 100 cubic yards of earth in the aggregate on two or more lots in the R-1
District or R-2 District, or on any lot, parcel, or development site in any
other District.
Subd. 3 Open Pit or Excavation. The creation or maintenance of an open pit or
excavation.
830.04 Exempt Activities. The provisions of this Section shall not apply to:
Subd. 1 Special Permit. Activities for which a special permit has been granted in
accordance with Subsection 850.21 of this Code.
Subd. 2 Restored Ground. Grave digging, well drilling and utility excavations
where the ground will be restored.
Subd. 3 Diseased Trees. Removal of trees with Dutch Elm disease, oak wilt or
other diseases requiring tree removal.
Subd. 4 Top Soil. Top soil placed for top dressing purposes which is immediately
spread and which does not materially change the elevation of the lot or parcel
830.05 Permit.
Subd. 1 Application. Prior to engaging in any activity requiring a permit, an
application shall be submitted to the Building Official on forms provided by the
Building Official. The application shall be accompanied by a schedule for the
commencement and completion of the work. The application shall be accompanied
by the fee in the amount set forth in Section 185 of this Code. The application shall
also be accompanied by a plan drawn at a scale of not less than one inch equals 30
feet which contains the following information:
A. Location of trees to be removed.
830 - 2
I
City of Edina Land Use, Platting and Zoning 830.06
B. Existing and proposed buildings and structures.
C. Existing and proposed contours.
D. Provisions for temporary and permanent erosion control.
E. Proposed revegetation of disturbed area.
F. Provisions for temporary and permanent drainage.
830.06 Standards and Guidelines. No permit shall be issued unless the above required
plan is submitted to and approved by the Building Official and unless the proposed activity
complies with the following standards and guidelines:
Subd. 1 Grading Activities.
A. The plan shall be fitted to the topography and soils so as to create the
least erosion potential.
B. Permanent vegetation and improvements such as streets, storm sewers or
other features of the development, capable of carrying surface water runoff
in a safe manner, shall be installed to the extent possible before removing
the vegetation cover from any area.
C. Wherever feasible, natural vegetation shall be retained and protected.
D. Permanent vegetation shall be established as soon as possible after
grading.
E. Not more than the smallest practical area of land shall be graded or
exposed at any one time during development.
F. When vegetation is removed during development, the exposed condition
of land shall be kept to the shortest practical period of time, but not longer
than 60 days.
G. Critical erosion areas graded or exposed during construction shall be
protected with temporary vegetation, mulching or by other means acceptable
to the Building Official.
H. Sediment basins, debris basins, desilting basins or silt traps shall be
installed and maintained to remove sediment from surface water runoff from
land subjected to grading.
I. Diversions shall be installed to divert surface water runoff from slopes of
830 - 3
City of Edina Land Use, Platting and Zoning 830.07
ten percent or steeper.
J. Provisions acceptable to the Building Official or Engineer shall be made
to accommodate the increased surface water runoff caused by changed soil
and surface conditions during and after completion of grading.
K. Cut and fill slopes shall not be steeper than two feet horizontal to one
foot vertical unless stabilized by a retaining wall, cribbing or rip-rap, or other
means acceptable to the Building Official.
L. During grading operations, measures acceptable to the Building Official
shall be taken for dust control.
Subd. 2 Tree Removal. Trees shall be removed only by reason of:
A. Poor health or dangerous condition of the tree.
B. Construction of improvements being made to the property.
Subd. 3 Open Pits and Excavations.
A. Fences must be installed or other provisions acceptable to the Building
Official must be made to prevent persons from inadvertently entering the pit.
B. Banks must be constructed at slopes not steeper than three feet horizontal
to one foot vertical.
C. Provisions acceptable to the Building Official shall be taken to prevent
stagnation of water.
materials must be spread on adjoining ground and reve etated
D. Excavated maters p � g gr g
or completely removed from the area.
830.07 Issuance of Permit; Appeal.
Subd. 1 Approval or Denial. The Building Official shall review the plan and
application and shall approve or deny the application based upon the standards and
guidelines set forth in Subsection 830.06 together with the purpose and intent of
this Section. If the application is denied by the Building Official, written notice of
the action specifying the date of denial, together with the reasons for denial, shall
be mailed to the applicant at the address shown in the application. If approved, the
Building Official shall issue the permit. The Building Official may impose conditions
in connection with issuance of the permit to ensure compliance with this Section
and to protect adjacent properties. The Building Official, as a condition to the
permit, may require the permit holder to submit topographic surveys on an as-built
830 - 4
City of Edina Land Use, Platting and Zoning 830.09
basis to verify conformance with the approved plans.
Subd. 2 Permit Nontransferable; Duration. Any permit granted pursuant to this
Section shall be nontransferable and shall expire six months from date of issuance.
Subd. 3 Appeal. Any applicant may appeal an alleged error in any order,
requirement, decision or determination made by the Building Official in the
administration of this Section, to the Council in the manner set forth in Subsection
160.06 of this Code.
830.08 Conformance with Plan. All activities undertaken pursuant to a permit issued
under this Section shall conform to the approved plans and schedules and to any conditions
imposed by the permit.
830.09 Security. The Building Official may require the permit holder to file security to
ensure that all work is undertaken in accordance with the permit and approved plans and
schedule set forth in the application. The security shall be in the form prescribed by
Subd. 2 of Subsection 405.01 of this Code. Such security may be used by the City to
undertake work as provided in Subd. 3 of Subsection 405.01 of this Code.
History. Ord 817 adopted 4-4-74; Ord 821 codified 1970, Ord 822 codified 1970, amended by
Ord 822 AI 10-7-71, Ord 822-A2 10-24-74; Ord 823 adopted 4-4-74
Cross Reference: Sections 185, 850; Subsections 160.06, 405.01, 850.21
830 - 5
City of Edina Land Use, Platting and Zoning 850.01
Section 850 - Zoning
850.01 Findings, Purpose and Objectives 850.08 Parking and Circulation
850.02 Short Title 850.09 Loading Facilities
850.03 Rules of Construction, Interpretation, 850.10 Landscaping and Screening
Severability, Definitions 850.11 Single Dwelling Unit District (R-1)
850.04 Administration and Procedures for 850.12 Double Dwelling Unit District (R-2)
Variances, Rezoning, Transfer to Planned 850.13 Planned Residence District (PRD, PSR)
Districts, Conditional Use Permits, 850.14 Mixed Development District(MDD)
Temporary Conditional Use Permits 850.15 Planned Office District(POD)
850.05 Districts 850.16 Planned Commercial District (PCD)
850.06 District Boundaries 850.17 Planned Industrial District (PID)
850.07 General Requirements Applicable to all 850.18 Regional Medical District (RMD)
Districts Except as Otherwise Stated, Storage 850.19 Automobile Parking District(APD)
of Refuse, Home Occupations, Fences, 850.20 Heritage Preservation Overlay District(HPD)
Setbacks, Building Coverage 850.21 Floodplain Overlay District (FD)
850.01 Findings, Purpose and Objectives. The Council finds that Edina has emerged from an
era exemplified by unparalleled growth and development and has entered a period of stability,
reuse and redevelopment; that some of the standards and regulations which guided initial
development of the City are not appropriate for guiding future development and redevelopment;
and that standards and regulations for guiding future development and redevelopment should be
based upon the stated goals, objectives and policies of the Comprehensive Plan of this City, as
from time to time amended, which constitutes the City's statement of philosophy concerning the
use of land within its jurisdiction. Through the enactment of this Section, the Council intends to
implement this statement of philosophy so as to provide for the orderly and planned development
and redevelopment of lands and waters in Edina, to maintain an attractive living and working
environment in Edina, to preserve and enhance the high quality residential character of Edina and
to promote the public health, safety and general welfare.
Specifically, this Section is intended to implement the following objectives, some of which are
contained in the Comprehensive Plan:
Maintain, protect and enhance single family detached dwelling neighborhoods as the
dominant land use.
Encourage orderly development of multi-family housing that offers a wide range of
housing choice, density and location while maintaining the overall high quality of
residential development.
Control the use, development and expansion of certain non-residential uses in the Single
Dwelling Unit District in order to reduce or eliminate undesirable impacts of such non-
residential uses.
Encourage a more creative and imaginative approach to the development of multi-family
developments.
Provide an enjoyable living environment by preserving existing topography, vegetation,
streams, water bodies and other natural land and water forms.
Encourage mixed use developments which:
850-1 Supplement 2003-01
City of Edina Land Use,Platting and Zoning 850.01
A. Provide housing for persons of low and moderate income.
B. Include recreational facilities and parks.
C. Harmoniously integrate residential and non-residential uses.
D. Encourage the increased use of mass transit.
E. Reduce employment-related automobile trips.
Encourage orderly development, use and maintenance of office, commercial and industrial
uses which are compatible with the residential character of the City.
Recognize and distinguish commercial districts at the neighborhood level, the community
level and the regional level, so as to provide retail establishments compatible in use and
scale with surrounding properties, especially those used for residential purposes.
Establish requirements for parking and loading to minimize impacts on public streets and
surrounding properties.
Establish standards for landscaping and screening to contribute to the beauty of the
community, add to the urban forest and buffer incompatible uses from one another.
Preserve buildings, lands, areas and districts which possess historical or architectural
significance.
Protect surface and ground water supplies, minimize the possibility of periodic flooding
resulting in loss of life and property, health and safety hazards and related adverse effects.
Allow interim uses of closed public school buildings.
The Council also finds that sexually-oriented businesses have adverse secondary characteristics
particularly when they may be accessible to minors or are located near residential properties or
schools, day care centers, libraries and parks, and such businesses can exert a dehumanizing
influence on persons attending or using such residential properties or schools, day care centers,
libraries and parks.
Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which
such businesses are located.
Sexually-oriented businesses can significantly contribute to the deterioration of residential
neighborhoods and can impair the character and quality of the residential housing in the area in
which such businesses are located, thereby exacerbating the shortage of affordable and habitable
housing for City residents.
The concentration of sexually-oriented businesses in one area can have a substantially detrimental
effect on the area in which such businesses are concentrated and on the overall quality of urban
life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses..
The presence of such businesses is perceived by others as an indication that the area is
deteriorating and the result can be devastating -- other businesses move out of the vicinity and
850-2 Supplement 2003-01
City of Edina Land Use,Platting and Zoning 850.03
residents flee from the area. Declining real estate values, which can result from the concentration
of such businesses, erode the City's tax base and contribute to overall urban blight.
The regulation of the location and operation of sexually-oriented businesses is warranted to
prevent the adverse secondary effects of such businesses on the City's crime rate, its retail trade,
its property values, and in general the quality of the City's neighborhoods, commercial and
industrial districts, and urban life.
This Section divides the City into districts and establishes minimum requirements for these
districts as to the location, height, parking, landscaping, bulk, mass, building coverage, density
and setbacks of buildings and structures and the use of buildings, structures and properties for
residences, retailing, offices, industry, recreation, institutions and other uses. This Section also
provides procedures for the transfer of property to another district, procedures for the issuance of
conditional use permits, establishes the Zoning Board of Appeals, provides for the administration
of this Section, and establishes penalties and remedies for violations. This Section also establishes
overlay districts designed to preserve buildings, lands, areas and districts of historic or
architectural significance and to protect surface and ground water supplies and minimize the
possibility of periodic flooding resulting in loss of life and property, health and safety hazards and
related adverse effects.
850.02 Short Title. This Section shall be known as the Zoning Ordinance, may be cited as
such, and will be referred to in this Section as "this Section".
850.03 Rules of Construction, Interpretation, Severability, Definitions.
Subd. 1 Rules of Construction. In construing this Section, the following rules of
construction shall govern, unless their observance would involve a construction
inconsistent with the manifest intent of the Council, or be repugnant to the context of the
section:
A. The use of the phrase "used for" shall include the phrases "designed for,"
"intended for," "improved for," "maintained for," "offered for," and "occupied
for."
B. Words and phrases shall be construed according to rules of grammar and
according to their common and accepted usage; but technical words and phrases and
such others as have acquired a special meaning, or are defined in this Section, shall
be construed according to such special meaning or their definition.
C. References in this Section to this Section or to another Code provision, whether
or not by specific number, shall mean this Section, and the referred to Code
provision, as then amended.
D. The R-1 District is also used as a holding or open development area for those
properties shown on the Comprehensive Plan as having the potential for
development for uses other than permitted in the R-1 District, which other uses
shall be permitted only after rezoning pursuant to Subsection 850.04 of this Section.
Subd. 2 Interpretation. The provisions of this Section shall be the minimum
requirements for the promotion of the public health, safety, morals and general welfare. It
is not the intention of this Section to interfere with, abrogate or annul any covenant or
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City of Edina Land Use,Platting and Zoning 850.03
agreement between parties. Where this Section imposes greater restrictions than any other
applicable statute, ordinance, rule or regulation, this Section shall control when and to the
extent allowed by State law. Where any other applicable statute, ordinance, rule or
regulation, including, without limitation, as to Subsection 850.21, those of the Minnehaha
Creek Watershed District and the Nine Mile Creek Watershed District, and the Minnesota li
Department of Natural Resources, imposes greater restrictions than this Section, such
other statute, ordinance, rule or regulation shall control. The section, subsection and II
paragraph headings are for reference only, and shall not be used to interpret, enlarge or
detract from the provisions of this Section. Any use not specifically allowed by this
Section in a district as a principal, accessory or conditional use, shall not be allowed or
permitted in that district by implication, interpretation or other construction of, or meaning
given to, the wording of this Section.
Subd. 3 Definitions. The following words, terms and phrases, as used herein, have
the following meanings:
Accessory Building. A separate building or structure or a portion of a principal
building or structure used for accessory uses.
Accessory Use. A use allowed by this Section which is subordinate to the principal
use in terms of purpose, scope and extent and is located on the same lot as the
principal use.
Adult Body Painting Studio. An establishment or business which provides the
service of applying paint or other substance, whether transparent or non-
transparent, to or on the body of a patron when such body is wholly or partially
nude in terms of Specified Anatomical Areas.
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Adult Bookstore. An establishment or business which barters, rents or sells items
consisting of printed matter, pictures, slides, records, audio tape, videotape, or
motion picture film and either alone or when combined with Adult Motion Picture
Rental or Sales and Adult Novelty Sales within the same business premises has
either 10 percent or more of its stock in trade or 10 percent or more of its floor area
containing items which are distinguished or characterized by an emphasis on the
depiction or description of Specified Sexual Activities or Specified Anatomical
Areas.
Adult Cabaret. An establishment or business which provides dancing or other live
entertainment, if such dancing or other live entertainment is distinguished or
characterized by an emphasis on the presentation, display, depiction or description
of Specified Sexual Activities or Specified Anatomical Areas.
Adult Companionship Establishment. An establishment or business which
provides the service of engaging in or listening to conversation, talk or discussion
between an employee of the establishment and a customer, if such service is
distinguished or characterized by an emphasis on Specified Sexual Activities or
Specified Anatomical Areas.
Adult Conversation/Rap Parlor. An establishment or business which provides the
service of engaging in or listening to conversation, talk, or discussion, if such
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City of Edina Land Use, Platting and Zoning 850.03
service is distinguished or characterized by an emphasis on Specified Sexual
Activities or Specified Anatomical Areas.
Adult Health/Sport Club. An establishment or business which excludes minors by
reason of age and is distinguished or characterized by an emphasis on Specified
Sexual Activities or Specified Anatomical Areas.
Adult Hotel or Motel. A hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented which is distinguished
or characterized by an emphasis on matter depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Areas.
Adult Mini-Motion Picture Theater. A building or portion of a building with a
capacity for less than 50 persons used for presenting material distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas for observation by patrons therein.
Adult Modeling Studio. An establishment or business which provides to
customers, figure models who engage in Specified Sexual Activities or display
Specified Anatomical Areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers.
Adult Motion Picture Arcade. Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or mechanically
controlled or operated still or motion picture machines, projectors or other image-
producing devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing Specified Sexual Activities
or Specified Anatomical Areas.
Adult Motion Picture Rental or Sales. An establishment or business which
barters, rents or sells videotapes or motion picture film and either alone or when
combined with Adult Bookstore or Adult Novelty Sales within the same business
premises has either 10 percent or more of its stock in trade or 10 percent or more of
its floor area containing items which are distinguished or characterized by an
emphasis on the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas.
Adult Motion Picture Theater. A building or portion of a building with a capacity
of 50 or more persons used for presenting material distinguished or characterized by
an emphasis on Specified Sexual Activities or Specified Anatomical Areas for
observation by patrons therein.
Adult Novelty Sales. An establishment or business which sells devices which
stimulate human genitals or devices which are designed for sexual stimulation and
either alone or when combined with Adult Bookstore and Adult Motion Picture
Rental or Sales has either 10 percent or more of its stock in trade or 10 percent or
more of its floor area containing such items and other items which are distinguished
or characterized by an emphasis on the depiction or description of Specified Sexual
Activities or Specified Anatomical Areas.
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City of Edina Land Use,Platting and Zoning 850.03
Adult Sauna/Bathhouse/Steam Room. An establishment or business which
excludes minors by reason of age and which provides a steam bath or heat bathing
room if the service provided by the sauna is distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas.
Alley. A public right of way less than 30 feet in width which is used or usable for a
public thoroughfare.
Alteration. A physical change in a building or structure that requires the issuance
of a building permit in accordance with Section 410 of this Code, but excluding
changes to mechanical equipment such as furnaces and boilers.
Apartment Building. A residential building having not less than three dwelling
units in a single building with at least one dwelling unit occupying a different story
or stories than other dwelling units in the same building.
Automobile Service Center. A principal building and its accessory buildings in
which batteries, tires, brakes, exhaust systems or other automobile parts are
repaired or replaced, including tune-ups, wheel balancing and alignment, but
excluding body and chassis repair, painting, engine rebuilding and any repair to
vehicles over two ton capacity. Gasoline and oil may be dispensed as an accessory
use.
Basement. A floor level of a building which is located partly or completely
underground.
Board. The Zoning Board of Appeals of the City established by this Section.
Building. Any structure used or intended for supporting or sheltering any use,
property or occupancy, and when the structure is divided by walls without
openings, each portion of the structure so separated shall be deemed a separate
building.
Building Coverage. The percentage of the lot area occupied by principal and
accessory buildings and structures, including without limitation, patios.
Building Height or Structure Height. The distance measured from the average
proposed ground elevation adjoining the building at the front building line to the top
of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the
roof directly above the highest wall of a shed roof, to the uppermost point on a
round or other arch-type roof, or to the average distance of the highest gable on a
pitched or hip roof. References in this Section to building height shall include and
mean structure height, and if the structure is other than a building, the height shall
be measured from said average proposed ground elevation to the highest point of the
structure.
Car Wash. A principal building which is equipped with a conveyor system and
other mechanical equipment and facilities for washing motor vehicles.
Car Wash - Accessory. An accessory building or part of a principal building
equipped with mechanical equipment and facilities (but not a conveyor system) for
850-6 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.03
washing motor vehicles and which is accessory to an automobile service center or
gas station. An accessory car wash shall be capable of servicing only one vehicle at
a time.
Club. A non-profit organization with bona fide members paying annual dues, which
owns, hires or leases a building, or portion, the use of which is restricted to
members and their guests.
Commission. The Planning Commission of the City.
Community Center. A building, or portion thereof, which houses public health
facilities, governmental offices and meeting rooms, social service facilities, meeting
rooms and facilities for civic and cultural organizations and groups, and publicly
sponsored recreational activities, or any combination, all of which are intended for
the use and benefit of residents of the City, and which is designated, by resolution
of the Council, as a community center.
Comprehensive Plan. Comprehensive Plan shall have the same meaning as in
Subsection 810.02 of this Code.
Conditional Use. A use which, though generally not suitable in a particular zoning
district, may, under some circumstances, and subject to conditions, be suitable in a
particular district. Conditional uses shall be allowed by this Section only pursuant to
the issuance of a conditional use permit.
Convalescent Home. A building or group of buildings licensed by the Minnesota
Department of Public Welfare for the care of children, the aged or infirm, or a
place of rest and care for those suffering physical or mental disorders. Hospitals,
clinics, maternity care homes, and other buildings or parts of buildings containing
surgical equipment are not included.
Counseling Service. A public or private organization which provides advice and
assistance concerning such matters as career objectives, chemical and alcohol abuse
and health problems. Counseling services do not include employment agencies,
attorneys' offices or uses which are typically located in business or professional
offices.
Curb Elevation. The average elevation of the constructed curb of the street along a
front lot line. Where there is no constructed curb, the Engineer shall establish the
curb elevation for purposes of this Section.
Day. A calendar day.
Day Care. A service providing care and supervision for part of a day for
individuals who are not residents of the principal building in which the service is
located.
Deck. A structure which is either freestanding or attached to a principal or
accessory building, constructed at grade or above grade, intended or designed for
use as outdoor living space and unenclosed by solid or non-solid walls or a roof.
Enclosures or covered areas such as gazebos, breezeways and porches which may
850-7 Supplement 2002-2
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City of Edina Land Use,Platting and Zoning 850.03
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be integral to a deck shall be considered for setback purposes as accessory buildings
if the deck is freestanding, or as a part of the principal building if the deck is
attached to the principal building. i
District. A geographic area or areas of the City sharing the same zoning
classification for which this Section establishes restrictions and requirements. A
district may be divided into subdistricts.
Drive-In. A principal or accessory use which sells or serves products or
merchandise to customers waiting in vehicles who then consume or use the product
or merchandise within the vehicle while on the lot occupied by the principal or
accessory use.
Drive-Through Facility. An accessory use which provides goods or services to
customers waiting in vehicles who then leave the lot to consume or utilize any
goods which may have been received. Employees of the principal use shall not leave
the confines of the principal or accessory building to dispense said goods or
services.
Dwelling Unit. One or more rooms connected together, but which is or are
separated from all other rooms in the same building, which room constitutes, or
rooms constitute, a separate, independent unit with facilities for cooking, sleeping
and eating, and used for residential occupancy. A room or rooms shall be deemed to
be a dwelling unit if it contains or they contain facilities for cooking, sleeping and
eating, if it or they can be separated from all other rooms in the same building, if
access can be gained without entering or passing through any living space of
another dwelling unit, and if it is or they are used for residential occupancy.
Efficiency Apartment. A dwelling unit consisting of one room exclusive of
bathroom, kitchen, hallway, closets or dining alcove directly adjoining the one
room.
Efficiency Dwelling Unit. See Efficiency Apartment.
Floor Area Ratio (FAR). Gross floor area divided by lot area.
Frontage. That portion of a lot line which coincides with the right-of-way line of a
street.
Garage - Accessory. An accessory building or portion of a principal building which
is principally used for the storage of motor vehicles owned by the occupants of the
principal building.
Garage - Repair. A principal building used for the repair of motor vehicles or the
storage, for a fee, of motor vehicles for periods exceeding 24 hours.
Gas Station. A principal building and its accessory structures used for the sale of
motor fuels and oils, where automotive accessories and convenience goods may be
sold, but where repair and servicing of motor vehicles does not occur; provided,
however, that an accessory car wash is permitted. If repair or servicing is provided,
the use shall be classified as an automobile service center.
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City of Edina Land Use,Platting and Zoning 850.03
Gross Floor Area (GFA). The sum of the horizontal areas of all the floors of a
building as measured from (i) the exterior faces of the exterior walls; (ii) the
exterior window line of the exterior walls in the case of a building with recessed
windows, or (iii) the center line of any party wall separating two buildings. Gross
floor area includes basements, hallways, interior balconies and mezzanines,
enclosed porches, breezeways and accessory buildings not used for parking. Gross
floor area does not include accessory garages, parking ramps, parking garages,
areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms,
elevator shafts or stairwells. Use of the phrase "floor area," in this Section shall
mean "gross floor area" as herein defined, unless otherwise specifically stated.
Half Story. The uppermost floor of a building in which (i) the intersection of the
exterior wall and the roof is not more than three feet above the floor elevation, and
(ii) not more than 60 percent of the floor's area exceeds five feet in height as
measured from the floor to the rafters. Floors not meeting this definition shall be
deemed a story.
Helistop. An area, either at ground level or elevated on a structure, used for
landing and takeoff of helicopters.
Hotel. A building, or group of buildings, which, in whole or in part, contains
rooms used for sleeping or transient occupancy.
Lodge Hall. A hall for, or meeting place of, the members of a local branch of a
fraternal order or society, such as the Masons, Knights of Columbus, Moose,
American Legion and other similar organizations.
Lot. The basic development unit for purposes of this Section. A lot may consist of
one parcel or two or more adjoining parcels under single ownership or control, and
used for a principal use and accessory uses allowed by this Section. A lot, except
lots in a townhouse plat, must have at least 30 feet frontage on a street other than at
limited access freeway.
Lot Area. The area within the lot lines exclusive of land located below the ordinary
high water elevation of lakes, ponds and streams.
Lot - Corner. A lot at the junction of and abutting on two or more intersecting
streets, or at the point of deflection in alignment of a single street, the interior angle
of which does not exceed 135 degrees.
Lot Depth. The horizontal distance between the midpoint of the front lot line and
the midpoint of the rear lot line. The greater frontage of a corner lot is its depth and
the lesser frontage is its width.
Lot - Interior. A lot other than a comer lot.
Lot Line - Front. The boundary of a lot having frontage on a street. The owner of
a corner lot may select either frontage as the front lot line.
Lot Line - Interior. Any boundary of a lot not having frontage on a street.
Lot Line - Rear. The boundary of a lot which is most distant from, and
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City of Edina Land Use,Platting and Zoning 850.03
approximately parallel with, the front lot line.
Lot Line - Side. Any boundary of a lot which is not a front or rear lot line.
Lot - Through. An interior lot having frontage on two streets.
Lot Width. The horizontal distance between side lot lines measured at right angles
to the line establishing the lot depth at a point of 50 feet from the front lot line.
Lot Width to Perimeter Ratio. The lot width divided by the perimeter of the lot.
Motel. See Hotel.
Motor Hotel. See Hotel.
Multi-Residential Use. A residential use permitted in the Planned Residence
District and the Mixed Development District.
Non-Conforming Building. A building or structure which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section or any amendment thereto, but which was lawfully existing as of the date of
its construction or placement.
Non-Conforming Lot. A lot which does not meet the requirements of the zoning
district in which it is located, or of Section 810 of this Code, due to the enactment
.of this Section, or of Section 810 of this Code, or any amendments to either, but
which met all such requirements as of the date the lot was established or created of
record.
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Non-Conforming Use. A principal or accessory use which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section, or any amendment hereto, but which was a lawful use as of the date it was
first commenced.
Non-Profit Organization. An organization which is qualified for tax exemption
under §§501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended.
Nursing Home. See Convalescent Home.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision as an
outlot.
Parcel. A unit of land with fixed boundaries described by lot and block and
reference to a recorded plat approved by the duly adopted resolution of the Council,
or by a metes and bounds, or other, description. A parcel may or may not be a lot
as defined in this Section.
Parking Garage. A building which is totally enclosed by walls and a roof, and
containing one or more levels for the parking of vehicles.
Parking Ramp. A structure which is not totally enclosed, containing one or more
levels for the parking of vehicles.
850-10 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.03
Patio. A portion of a lot which is improved with a surfacing material including, but
not limited to, concrete, asphalt or decorative bricks, which is intended or designed
for use as outdoor living space and is not enclosed by solid or non-solid walls or a
roof. Enclosures or covered areas such as gazebos, breezeways and porches which
may be integral to a patio will be considered, for setback purposes, as accessory
buildings if the patio is freestanding or is part of the principal building, if the patio
is contiguous with the principal building.
Principal Building. A building which is used for principal uses including enclosed
seasonal living areas such as porches and breezeways which are attached to the
principal building.
Residential Building. A building used for residential purposes or residential
occupancy.
Residential Occupancy. The use of a room or rooms for housekeeping purposes by
the owner of the property, or by a lessee or occupant, for periods of 30 days or
more for a rental fee, or other compensation, or pursuant to other arrangements
with the owner.
Residential Use. See Residential Occupancy.
Rest Home. See Convalescent Home.
Senior Citizen Dwelling Unit. (i) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 650 square feet, and specifically designed for
occupancy by a single individual 62 years of age or over, or two individuals, one of
whom is 62 years of age or over; (ii) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 700 square feet, and specifically designed for
occupancy by a handicapped individual; or (iii) A two bedroom dwelling unit within
an apartment building with a kitchen, bathroom, living and storage space, of not
less than 750 square feet nor more than 850 square feet, and specifically designed
for occupancy by a single individual 62 years of age or over, or two individuals,
one of whom is 62 years of age or over.
Setback - Front Street. The shortest horizontal distance from the forward most
point of a building or structure to the nearest point on the front lot line.
Setback - Interior Side Yard. The shortest horizontal distance from any part of a
building or structure to the nearest point on an interior side lot line.
Setback - Rear Yard. The shortest horizontal distance from any part of a building
or structure to the nearest point on a rear lot line.
Setback - Side Street. The shortest horizontal distance from any part of a building
or structure to the nearest point on a side lot line that adjoins a street.
Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters,
adult motion picture rental, adult mini-motion picture theaters, adult steam
850-11 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.03
room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult
hotels/motels, and adult body painting studios as herein defined. In addition, all
other premises, enterprises, establishments, businesses or places at or in which
there is an emphasis on the presentation, display, depiction or description of
Specified Sexual Activity or Specified Anatomical Areas which are capable of being
seen by members of the public. The term "sexually-oriented businesses" shall not be
construed to include; (i) schools or professional offices of licensed physicians,
chiropractors, psychologists, physical therapists, teachers or similar licensed
professionals performing functions authorized under the licenses held; (ii)
establishments or businesses operated by or employing licensed cosmetologists or
barbers performing functions authorized under licenses held; (iii) businesses or
individuals licensed in accordance with Section 1340 of this Code, or (iv) the sale of
clothing.
Shopping Center. A group of unified commercial establishments located on a
single tract, permitted in the PCD-1, PCD-2 and PCD-3 Districts, composed of not
fewer than six separate and distinct business entities which are located in one or
more buildings comprising not less than 25,000 square feet of gross floor area, and
which share joint use of parking facilities, pedestrian ways, landscaping, traffic
circulation and other amenities, in accordance with and pursuant to a joint use
agreement, in form and substance acceptable to the Planner and Engineer, duly
signed and delivered by all owners and encumbrances of the shopping center, and
duly recorded in the proper office to give constructive notice.
Specified Anatomical Areas. (i) Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female breast(s) below a point immediately
above the top of the areola; or; (ii) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Specified Sexual Activities. (i) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the context of a sexual
relationship, or the use of excretory functions in the context of a sexual
relationship, and any of the following sexually-oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals
in the state of sexual stimulation, arousal or tumescence; or; (iii) Use of human or
animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or; (iv)
Fondling or touching of nude human genitals, pubic region, buttock, or female
breast(s); or, (v) Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing costumes, and who are engaged in
activities involving the flagellation, torture, fettering, binding or other physical
restraint of any such persons; or, (vi) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a human being; or, (vii) Human
excretion, urination, menstruation, vaginal or anal irrigation.
Story. That portion of a building included between the surface of any floor and the
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City of Edina Land Use,Platting and Zoning 850.03
surface of the floor next above, or if there is not a floor above, the space between
the floor and the ceiling above. A basement with more than 50 percent of its
exterior wall area located entirely below the proposed ground elevation adjoining
the basement shall not be counted as a story.
Street. A public right-of-way 30 feet or more in width which is used or usable as a
public thoroughfare. All references in this Section to measurements to or along a
street shall mean to and along the public right-of-way and not to the improved or
traveled portion of such right-of-way.
Structure. Anything built or constructed, an edifice or building of any kind, or any
piece of work composed of parts joined together in some definite manner, and
including, without limitation, towers, poles and fences except parking lots and
driveways.
Suites Hotel. A hotel in which at least 80 percent of the guest rooms are two-room
suites containing at least 400 square feet of gross floor area.
Swimming Pool. A constructed pool, used for swimming or bathing, with a water
surface area exceeding 100 square feet. The term shall also include the deck area
required by this Code and any equipment appurtenant to the pool.
Townhouse. A dwelling unit attached to other dwelling units by common walls,
side by side, extending from the foundation to the roof and without any portion of
one dwelling unit located above any portion of another dwelling unit, and with each
dwelling unit having a separate entrance from outside the building. Buildings with
distinct, separate spaces, or designed for distinct, separate spaces, for office,
commercial or industrial uses, in a manner similar to a residential townhouse
described above, shall be deemed townhouses for purposes of this Section.
Townhouse Plat. The subdivision, by recorded plat approved by duly adopted
resolution of the Council, whereby all lot lines are coterminous, or nearly so, with
the boundaries of the foundation of each building, and the area of the land lying
outside of the lots and within the subdivision is described as an outlot which is
owned by an association of owners of the lots in the townhouse plat.
Tract. One or more adjoining lots, not separated by streets, under common
ownership, located within the same zoning subdistrict, and used for an integrated
development.
Transient-Occupancy. The use of a room or rooms for sleeping, cooking or eating,
in a residential manner, for periods of less than 30 days and for a rental fee, or
other compensation, or pursuant to other arrangements with the owner, lessee or
occupant of the premises.
Yard - Front. An open, unoccupied space on the same lot as a building, which lies
between the building and the front lot line, and extends from side lot line to side lot
line.
Yard - Rear. An open, unoccupied space on the same lot as a building, which lies
between the building and the rear lot line, and extends from side lot line to side lot
850-13 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
line. Some accessory buildings may be placed in the rear yard.
Yard - Side. An open, unoccupied space on the same lot as a building, which lies
between the building and the side lot line, and extends from the front lot line to the
rear lot line. Some accessory buildings may be placed in the side yard.
Year. A period of 365 consecutive days.
850.04 Administration and Procedures for Variances, Rezoning, Transfer to Planned
Districts and Conditional Use Permits.
Subd. 1 Variances and Appeals.
A. Zoning Board of Appeals. There is continued a separate Zoning Board of
Appeals of the City. The Zoning Board of Appeals is the board of appeals and
adjustments created pursuant to M.S. 462.354, Subd. 2. All members of the
Commission, from time to time, shall be members, and the other members shall be
six residents of the City appointed for a term of three years by the Mayor with the
consent of a majority of the members of the Council. For hearings, the Board shall
consist, at a maximum, of any five members, but three members shall constitute a
quorum for conducting such hearings and making decisions. However, at least one
Commission member shall be in attendance at each Board meeting, and shall be
deemed to be the representative of the Commission for purposes of review and
report by the Commission as required by M.S. 462.354, Subd. 2. The Board shall
make no decision until the Commission, or a representative of it, has had reasonable
opportunity, not to exceed 60 days, to review and report to the Board concerning
the decision. All members shall serve without compensation. Members may resign
voluntarily or be removed by a majority vote of the Council or pursuant to Section
180 of this Code. That Commission member in attendance at a meeting who has the
then longest continuous service on the Commission shall be the Chair for that
meeting. The Board shall adopt such bylaws as shall be necessary or desirable for
conduct of its business. Staff services shall be provided by the Planning
Department. Board members who discontinue legal residency in the City shall be
automatically removed from office effective as of the date of such discontinuance.
Vacancies shall be filled pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the power and duty of
hearing and deciding, subject to appeal to the Council, the following matters:
1. Requests for variances from the literal provisions of this Section.
2. Appeals in which it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative officer in
the interpretation or enforcement of this Section; and
3. Requests for variances from the literal provisions of Section 1046 of this
Code.
4. Requests for modifications form the requirements of Section 815 of this
Code.
850-14 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
C. Petitions for Variances. The owner or owners of land to which the variance
relates may file a petition for a variance with the Planning Department. The petition
shall be made on forms provided by the Planning Department and shall be
accompanied by the fee set forth in Section 185 of this Code. The petition shall be
accompanied by plans and drawings to scale which clearly illustrate, to the
satisfaction of the Planner, the improvements to be made if the variance is granted.
The Planner may require the petitioner to submit a certificate by a registered
professional land surveyor verifying the location of all buildings, setbacks and
building coverage, and certifying other facts that in the opinion of the Planner are
necessary for evaluation of the petition.
D. Appeals of Administrative Decisions. A person who deems himself or herself
aggrieved by an alleged error in any order, requirement, decision or determination
made by an administrative officer in the interpretation and enforcement of this
Section, may appeal to the Board by filing a written appeal with the Planning
Department within 30 days after the date of such order, requirement, decision or
determination. The appeal shall fully state the order to be appealed and the relevant
facts of the matter.
E. Hearing and Decision by the Board; Notice.
1. Within 60 days after the Planner determines that a variance petition is
complete, and all required fees and information, including plans, drawings and
surveys, have been received, or within 60 days after the filing of an appeal of
an administrative decision, the Board shall conduct a public hearing and after
hearing the oral and written views of all interested persons, the Board shall
make its decision at the same meeting or at a specified future meeting.
2. Notice of variance hearings shall be mailed not less than ten days before
the date of the hearing to the person who filed the petition for variance and to
each owner of property situated wholly or partially within 200 feet of the
property to which the variance relates insofar as the names and addresses of
such owners can be reasonably determined by the Clerk from records
maintained by the Assessor.
3. A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten days before the
hearing. A notice shall also be mailed to the appellant.
4. No new notice need be given for any hearing which is continued by the
Board to a specified future date.
F. Findings For Variances. The Board shall not grant a petition for a variance
unless it finds that the strict enforcement of this Section would cause undue hardship
because of circumstances unique to the petitioner's property and that the grant of
said variance is in keeping with the spirit and intent of this Section. "Undue
hardship" means that (i) the property in question cannot be put to a reasonable use
as allowed by this Section; (ii) the plight of the petitioner is due to circumstances
unique to the petitioner's property which were not created by the petitioner; and (iii)
the variance, if granted, will not alter the essential character of the property or its
850-15 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
surroundings. Economic considerations alone shall not constitute an undue hardship
if reasonable use for the petitioner's property exists under the terms of this Section.
A favorable vote by the Board shall be deemed to include a favorable finding on
each of the foregoing matters even if not specifically set out in the approval
resolution or the minutes of the Board meeting.
G. Appeals from Decisions of the Board.
1. The following individuals may appeal a decision of the Board:
a. any petitioner for a variance;
b. any owner to whom notice of the variance hearing is required to be
mailed pursuant to this Section;
c. the appellant in the case of an appeal of an administrative decision;
d. any person who deems to be aggrieved by the Board's decision on
the appeal of an administrative decision; and
e. any administrative officer of the City.
2. An appeal from a decision of the Board shall be filed with the Clerk no
later than ten days after the decision by the Board. If not so filed, the right of
appeal shall be deemed waived, and the decision of the Board shall be final.
H. Hearing and Decision by Council. The Council shall hear and decide all appeals
from the decisions of the Board. The appeal shall be heard not later than 60 days
after the date the appeal is filed. The Council shall follow the same procedures as to
notices, hearings, findings for variances and decisions that the Board is required to
follow relative to the subject matter of the appeal pursuant to this Section. A
favorable vote by the Council shall be deemed to include a favorable finding on
each of the required findings even if not specifically set out in the approval
resolution or the minutes of the Council meeting.
I. Conditions on Variance Approvals. In granting a variance, the Board, or the
Council on appeal, may impose conditions to ensure compliance with the purpose
and intent of this Code and to protect adjacent properties.
J. Form of Action Taken and Record. The Board, or the Council on appeal, shall
maintain a record of its proceedings which shall include the minutes of its meetings
and final order concerning the variance petition or appeal of administrative
decision. If a variance is granted, the petitioner, at the petitioner's expense, shall
duly record the final order in the proper office to give constructive notice. A
verified copy of such order, with the recording data, shall be delivered to the
Planner. The Board, or the Council on appeal, may require such order to be
recorded and such verified copy to be delivered to the Planner before the variance
shall be effective.
K. Lapse of Variance By Non-User, Extension of Time.
1. If, within one year after the date of the meeting of the Board, or the
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City of Edina Land Use,Platting and Zoning 850.04
Council on appeal, at which the variance was granted, the owner or occupant
of the affected land shall not have obtained a building permit, if one is
required, and commenced the work or improvement described in such petition,
the variance shall become null and void unless a petition for extension of time
in which to commence the proposed work or improvement has been granted.
2. A petition for extension shall be in writing and filed with the Clerk within
such one year period. The petition for extension shall state facts showing a
good faith attempt to use the variance and shall state the additional time
requested to begin the proposed work or improvement. The petition shall be
presented to the Board for hearing, findings and decision in the same manner
as then required by this Section 850 for an original petition for variance. The
Board may grant an extension of the variance for up to one year upon finding
that a good faith attempt to use the variance has been made, that there is a
reasonable expectation that the variance will be used during the extension, that
speculation will thereby not be fostered, and that the facts and circumstances
under which the original variance was granted are not materially changed.
Subd. 2 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner of land proposed for
transfer to another district or subdistrict, the Council or the Commission.
2. A petition by an owner shall be on forms provided by the Planner, shall be
submitted with plans, data and information required by this Section, and such
other information that the Planner believes necessary for evaluation of the
petition. The petition shall be accompanied by the fee set forth in Section 185
of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at least one
sign per street frontage on the land described in the petition. The sign or signs shall
be of a design approved by the Planner, shall be 36 inches by 60 inches in size,
shall have letters at least four inches high using Helvetica medium typeface or other
letter style approved by the Planner, shall be constructed of sturdy material, shall be
neatly lettered, and shall be easily viewable from, and readable by persons on, the
adjoining street. The sign or signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
Telephone No. 927-8861"
The petition shall not be deemed filed and the Commission shall not be required to
hold any hearings on the petition until the sign has been erected as required and for
at least ten days preceding the hearing. The sign shall be kept in good repair and
shall be maintained in place until a final decision on the petition has been made by
the Council, and shall be removed by the petitioner within five days after the final
850-17 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.04
decision. The failure of any petitioner to comply fully with the provisions of this
paragraph relating to the sign shall not prevent the Commission and Council from
acting on the petition nor invalidate any rezoning granted by the Council. If the
signs are not kept in good repair or removed as required, then the signs shall be
deemed a nuisance and may be abated by the City by proceedings under M.S. 429,
or any other then applicable provisions of this Code or State Law, and the cost of
abatement, including administrative expenses and attorneys' fees, may be levied as a
special assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned
Industrial District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any existing structures, easements,
water bodies, water courses and flood plains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls
and truck loading facilities; and
e. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable sections of this Code.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
3. Council Hearings and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
850-18 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
hearing regarding the petition and Preliminary Development Plan. The hearing
shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall
be published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 500 feet of the tract to which the petition relates insofar as the
names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After hearing the oral or written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date. No new notice need be given for hearings, which are continued by the
Council to a specified future date. An affirmative vote of three-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. Provided, however, a rezoning from any residential zoning district
to any nonresidential zoning district shall require an affirmative vote of four-
fifths of all members of the Council. If preliminary rezoning approval is
granted, the petitioner may prepare a Final Development Plan. In granting
preliminary rezoning approval, the Council may make modifications to the
Preliminary Development Plan and may impose conditions on its approval.
The petitioner shall include the modifications, and comply with the conditions,
in the Final Development Plan, or at another time and by other documents, as
the Council may require or as shall be appropriate."
4. Final Development Plan. The Final Development Plan shall include all
required information and data delineated on the Preliminary Development Plan
and, in addition, the following data and information:
a. exact location and elevation drawings of all existing and proposed
structures on the tract including a description of existing and proposed
exterior building materials;
b. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a general overall grading plan indicating final grades and the
direction and destination of surface drainage;
e. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements; and
f. any other information necessary, in the opinion of the Planner, to
850-19 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with this Section and other applicable
provisions of this Code.
5. Commission Review of Final Development Plan. The Final Development
Plan shall be in form and substance acceptable to the Planner. The
Commission shall review the Final Development Plan within 45 days of its
submission and shall recommend approval by the Council upon finding that the
proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the
Final Development Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Final Rezoning. Within 60 days after the
recommendation on the Final Development Plan by the Commission, the
Council shall conduct a public hearing on the Final Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Final Development Plan. An affirmative vote of
three-fifths of all members of the Council shall be required to grant final
rezoning approval. Provided, however, a rezoning from any residential
zoning district to any nonresidential zoning district shall require an affirmative
vote of four-fifths of all members of the Council. Approval may be made
subject to modifications and conditions which, together with the Council's
modifications and conditions at the time of preliminary rezoning approval and
not done and fulfilled by the Final Development Plan, must be fulfilled and
met, to the satisfaction of the Planner, before the final approval becomes
effective. Approval of the Final Development Plan shall also constitute final
rezoning of the tract included in the plans, and the publication of the ordinance
amendment effecting the zoning change shall thereby be authorized, but no
850-20 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
publication shall be done until any modifications and conditions made by the
Council have been met and fulfilled to the satisfaction of the Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as final rezoning approval.
8. Filing. The approved Final Development Plan shall be filed in the Planning
Department.
9. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planning
Department prior to issuance of such permits to determine if they conform to
the provisions of this Section, the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and other
applicable provisions of this Code.
10.Changes to Approved Final Development Plan. Minor changes in the
location and placement of buildings or other improvements due to unforeseen
circumstances may be authorized by the Planner. Proposed changes to the
approved Final Development Plan affecting structural types, building
coverage, mass, intensity or height, allocation of open space and all other
changes which affect the overall design of the property shall be acted on,
reviewed and processed by the Commission and Council in the same manner
as they reviewed and processed the Final Development Plan, except that a
three-fifths favorable vote of the Council shall be required to authorize the
proposed change.
11.Lapse of Approved Final Development Plan by Non-User; Extension of
Time.
a. If a building permit has not been obtained, and if erection or alteration
of a building, as described in the application for final development plan, has
not begun within two years after final development plan approval, the
approval shall be null and void unless a petition for extension of time in
which to commence the proposed work or improvements has been granted.
b. A petition for extension shall be made in writing and filed with the City
Clerk within such two year period. The petition shall state reasons showing
why a building permit has not been obtained, or why erection or alterations
have not commenced, and shall state the additional time requested to begin
the proposed work or improvement. The petition shall be presented to the
Council for hearing and decision in the same manner as then required for an
original application. The Council may grant an extension of up to one year
upon finding that:
850-21 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.04
i. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
ii. the facts which were the basis for approving the final development
plan have not materially changed. No more than one extension shall be
granted.
D. Procedure for Rezoning to Mixed Development District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any of its existing structures,
easements, water bodies, watercourses and floodplain;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the general location, general exterior dimension and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls;
e. a traffic impact analysis, and travel demand management plan for
projects proposed for rezoning to MDD-5 District or MDD-6 District
(analysis and plan shall be separate documents delivered with the
Preliminary Development Plan); and
f. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable provision of this Code.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and recommendation
by the Commission, the Council shall conduct a public hearing regarding the
petition and Preliminary Development Plan. The hearing shall be held not later
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City of Edina Land Use, Platting and Zoning 850.04
than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in
the official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days before the
date of the hearing to each owner of property situated wholly or partly within
500 feet of the tract to which the petition relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor. After hearing the oral or written views of
all interested persons, the Council shall make its decision at the same meeting
or at a specified future date. No new notice need be given for hearings which
are continued by the Council to a specified future date. An affirmative vote of
three-fifths of all members of the Council shall be required to grant
preliminary rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. If preliminary
rezoning approval is granted, the petitioner may prepare an Overall
Development Plan for final rezoning approval. In granting preliminary
rezoning approval, the Council may make modifications to the Preliminary
Development Plan and may impose conditions on its approval. The petitioner
shall include such modifications, and comply with such conditions, in the
Overall Development Plan, or at such other time and by such other documents,
as the Council may require or as shall be appropriate.
4. Council Hearing and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and recommendation
by the Commission, the Council shall conduct a public hearing regarding the
petition and Preliminary Development Plan. The hearing shall be held not later
than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in
the official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days before the
date of the hearing to each owner of property situated wholly or partly within
500 feet of the tract to which the petition relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor. After hearing the oral or written views of
all interested persons, the Council shall make its decision at the same meeting
or at a specified future date. No new notice need be given for hearings which
are continued by the Council to a specified future date. An affirmative vote of
four-fifths of all members of the Council shall be required to grant preliminary
approval. If preliminary rezoning approval is granted, the petitioner may
prepare an Overall Development Plan for final rezoning approval. In granting
preliminary rezoning approval, the Council may make modifications to the
Preliminary Development Plan and may impose conditions on its approval.
The petitioner shall include such modifications, and comply with such
conditions, in the Overall Development Plan, or at such other time and by
such other documents, as the Council may require or as shall be appropriate.
5. Overall Development Plan. Multiple phase developments shall be subject to
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City of Edina Land Use,Platting and Zoning 850.04
Overall Development Plan review and action and also to Final Site Plan review
and action in separate proceedings as provided. Single phase developments
shall be subject to Overall Development Plan and Final Site Plan review and
action in one proceeding. All information required in Overall Development
Plan review and action and for Final Site Plan review and action shall be
included and provided with action for Overall Development Plan review. The
Overall Development Plan shall include all required information and data
delineated on the Preliminary Development Plan and, in addition, the
following data and information:
a. a site plan illustrating the approximate location and maximum
height of all existing and proposed structures on the tract;
b. the schematic design features of all proposed streets, driveways,
vehicular entrances and exits, driveway intersections with streets,
parking areas, maneuvering areas and sidewalks;
c. a landscape concept plan;
d. a general overall grading plan indicating grades and the direction
and destination of surface drainage;
e. location of all existing, and the schematic design of all proposed,
watermains, sanitary sewers, drainage facilities and storm sewers;
f. a phasing plan identifying the public and private elements and
components of each phase and approximate timing of each phase; and
g. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with the requirements of this Section and
other applicable provisions of this Code.
5. Commission Review of Overall Development Plan. Within 45 days after
submission of the Overall Development Plan in form and substance acceptable
to the Planner, the Commission shall review the Overall Development Plan
and shall recommend approval by the Council upon finding that the proposed
development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and containing the conditions imposed by
the Council to the extent such conditions can be complied with by the
Overall Development Plan;
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
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City of Edina Land Use,Platting and Zoning 850.04
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
The Commission's recommendation of approval shall be deemed to include a
favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Overall Rezoning. Within 60 days after the
recommendation on the Overall Development Plan by the Commission, the
Council shall conduct a public hearing on the Overall Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Overall Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council. Approval
may be made subject to modifications and conditions which, together with the
Council's modifications and conditions at the time of preliminary rezoning
approval and not done and fulfilled by the Overall Development Plan, must be
fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective.
Approval of the Overall Development Plan shall also constitute final rezoning
of the tract included in the plans. The publication of the amendment effecting
the zoning change shall thereby be authorized, but no final rezoning or
publication shall be effective or done until the modifications and conditions, if
any, made by the Council have been met and fulfilled to the satisfaction of the
Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as Final Site Plan approval or Overall Rezoning
approval.
8. Filing. The approved Overall Development Plan and approved Final Site
Plan shall be filed in the Planning Department.
9. Final Site Plan Approval. Multiple phase developments shall be subject to
Final Site Plan review and action by the Commission and Council in the same
manner as they review and act on the Overall Development Plan, except that a
three-fifths favorable vote of the Council shall be required for approval. Single
phase developments shall include all information required for Final Site Plan
approval at the time of Overall Development Plan review. Overall
Development Plan approval shall also constitute Final Site Plan approval.
Final Site Plan approval shall include all required information and data
delineated on the Overall Development Plan and, in addition, the following
data and information:
850-25 Supplement 2002-2
i
City of Edina Land Use, Platting and Zoning 850.04
a. the exact location and elevation drawings of all existing and
proposed structures in the proposed phase including a description of
existing and proposed exterior building materials;
b. a landscape plan and schedule in accordance with Subsection
850.10;
c. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
d. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements;
e. any other information necessary, in the opinion of the Planner, to
evaluate the plans and ensure compliance with requirements of this
Section and other applicable sections of this Code; and
f. demonstrate that the Final Site Plan shall be consistent with the
Overall Development Plan as approved and modified by the Council
and containing the conditions imposed by the Council to the extent
such conditions can be complied with by the Final Site Plans.
10. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planner prior to
issuance of such permits to determine if they conform to the provisions of this
Section, the approved Final Site Plan, as modified by, and with the conditions
made by, the Council, and other applicable sections of this Code.
11. Changes to Approved Overall Development Plan and Final Site Plan.
Minor changes in the location and placement of buildings or other
improvements due to unforeseen circumstances may be authorized by the
Planner. Proposed changes to the approved Overall Development Plan or Final
Site Plan affecting structural types, building location, building coverage, mass
intensity or height, allocation of open space and all other changes which affect
the overall design of the property shall be acted on, reviewed and processed by
the Commission and Council in the same manner as they reviewed and
processed the Final Site Plan.
E. Procedure for Rezoning to Single Dwelling Unit District, Double Dwelling Unit
District and Automobile Parking District.
1. Commission Review. Within 45 days after receipt by the Planner of the
850-26 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
petition, in form and substance acceptable to the Planner, and required fee, the
Planner will review the petition and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
2. Council Hearing and Decision; Preliminary Rezoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public hearing
regarding the petition. The hearing shall be held not later than 60 days after the
date of the recommendation by the Commission. A notice of the date, time,
place and purpose of the hearing shall be published in the official newspaper of
the City at least ten days prior to the date of the hearing. A similar notice of
hearing shall be mailed at least ten days before the date of the hearing to each
owner of property situated wholly or partly within 500 feet of the tract to which
the petition relates, insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the Assessor.
After hearing the oral and written views of all interested persons, the Council
shall make its decision at the same meeting or at a specified future date. No new
notice need be given for hearings which are continued to a specified future date.
An affirmative vote of three-fifths of all members of the Council shall be
required to grant preliminary rezoning approval. Provided, however, a rezoning
from any residential zoning district to any nonresidential zoning district shall
require an affirmative vote of four-fifths of all members of the Council. In
granting preliminary rezoning approval, the Council may make modifications to,
and impose conditions on,the proposed rezoning.
3. Final Rezoning Approval. Upon request of the Planner, Manager or
petitioner, after preliminary rezoning approval has been granted and after the
modifications and conditions made and imposed by the Council have been met
and fulfilled to the satisfaction of the Planner, the Council shall place the
petition on its agenda and shall consider final rezoning approval. An
affirmative vote of three-fifths of all members of the Council shall be required
to grant final rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. Final rezoning
approval shall include authorization to publish the amendment effecting the
zoning change. Approval may be made subject to modifications and conditions
which must be fulfilled and met, to the satisfaction of the Planner, before the
final approval becomes effective and before the amendment is published.
F. One Year Limitation on Preliminary Rezoning Approval. Any petition which
has not been granted final rezoning approval by the Council within one year after
the date it received preliminary approval, shall be deemed rejected by the Council
and the petition must again be filed, processed and approved pursuant to this
Section as if it were a new petition.
G. Restriction on Rezoning After Denial of Petition. After the Council has denied a
petition for rezoning, the owner of the tract to which the petition related may not
file a new petition for a period of one year following the date of such denial for
850-27 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
transferring the same tract, or any part, to the same district or subdistrict (if the
district has been divided into subdistricts) to which such transfer was previously
denied. Provided, however, that such petition may be filed if so directed by the
Council on a three-fifths favorable vote of all members of the Council after
presentation to the Council of evidence of a change of facts or circumstances
affecting the tract.
H. Lapse of Rezoning by Non-User. If a building permit (if one is required) has not
been obtained, and if the erection or alteration of a building, as described in the
petition, has not begun, within two years after final rezoning approval of the tract
by the Council, then the Commission, at any time and until the building permit is
obtained and the erection or alteration begun, may review the zoning classification
of the tract to determine if it continues to conform with the Comprehensive Plan.
Based upon the review, the Commission may recommend to the Council that the
final rezoning approval of the tract as previously granted be rescinded and become
null and void, or that the tract be transferred to a different zoning district. The
recommendation of the Commission shall be presented to the Council for hearing
and decision, and notice shall be given in the same manner as is then required for an
original petition for rezoning as provided by this Section. The Council may accept
or reject the recommendation of the Commission and rescind the previously granted
final rezoning approval, transfer the tract to a different zoning district, or reaffirm
the final rezoning approval previously granted.
Subd. 3 Transfer to Planned Districts.
A. Improved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
improved with a building or buildings, shall not be required to comply with the
provisions of Subsection 850.04 relative to a transfer of that lot to the planned
district; provided that:
1. No new buildings shall be constructed on the lot which result in an
increase in gross floor area of all buildings on the lot by more than ten
percent;
2. No building existing on the lot as of March 7, 1984, shall be added to or
enlarged in gross floor area by more than ten percent;
3. No dwelling units shall be added; and
4. No such existing building, if damaged or destroyed by fire, wind,
earthquake, explosion or other casualty, shall be restored or repaired if the
cost of restoration or repair exceeds one-half of the fair market value of the
entire building on the date immediately prior to the date of such casualty (as
such cost and fair market value are determined by the Assessor, or other
person selected by the Manager); unless, in each case of 1., 2., 3., and 4.
above, the then owner or owners of the lot shall comply with and complete the
process for Final Development Plan approval established by Subparagraphs 4
850-28 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.04
through 10 of paragraph C. of Subd. 2 of this Subsection 850.04 and shall
conform to and comply with all other provisions of this Section; provided that
only three-fifths favorable vote of the Council shall be required to grant Final
Development Plan approval. The requirements of this paragraph are in
addition to those in Subd. 20 of Subsection 850.07 relating to non-conforming
uses, buildings and lots.
B. Unimproved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
not improved with a building or buildings shall be required, notwithstanding the
transfer to such district by this Section, in connection with any improvement of the
lot, to comply with and complete the process for Final Development Plan approval
established by subparagraphs 4 through 10 of paragraph C. of Subd. 2 of this
Subsection 850.04, and shall conform to and comply with all other provisions of
this Section, provided that only three-fifths favorable vote of the Council shall be
required to grant Final Development Plan approval.
Subd. 4 Conditional Use Permits.
A. Initiation of Conditional Use Permit.
An application for a conditional use permit may be initiated by the owner or
owners of the lot or building in question.
1. The application shall be on forms provided by the Planner and shall be
submitted with required plans, data and information, and such other
information as, in the opinion of the Planner, is necessary for evaluation of the
application. The application shall be accompanied by the fee set forth in
Section 185 of this Code.
B. Sign. All provisions and requirements in this Subsection relating to erection of a
sign in connection with a rezoning of property shall apply to the applicant for a
conditional use permit, and the applicant shall comply with all such provisions and
requirements, except that the sign shall state that a conditional use permit is
proposed for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or accessory
use that requires the construction of a new building or accessory use facilities,
or additions or enlargements to an existing building or accessory use facilities,
the application shall be drawn to a scale acceptable to the Planner, and be
accompanied by plans containing the following data and information:
a. elevation drawings of all new buildings or accessory use facilities,
or additions and enlargements to existing buildings or accessory use
facilities, including a description of existing and proposed exterior
building.materials;
850-29 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.04
b. the location, dimensions and other pertinent information as to all
proposed and existing buildings, structures and other improvements,
streets, alleys, driveways, parking areas, loading areas and sidewalks;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a floor plan showing the location, arrangement and floor area of
existing and proposed uses; and
e. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
2. If the conditional use permit is requested to allow a principal or accessory
use that does not require construction of a new building or accessory use
facilities, or additions or enlargements to an existing building or accessory use
facilities, the application shall be accompanied by plans showing:
a. the location, arrangement and floor area of existing and proposed
uses;
b. the location, dimensions and other pertinent information as to all
buildings, structures, streets, alleys, driveways, parking areas, loading
areas, sidewalks and landscaping; and
c. any other information required, in the opinion of the Planner, to
evaluate the application, determine consistency, with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
D. Commission Review and Recommendation. Within 45 days after receipt by the
Planner of the application, fee and all other information required, in form and
substance acceptable to the Planner, the Planner shall review the application and
other information provided by the applicant and forward a report to the
Commission. The Commission shall review the report of the Planner and send its
recommendation to the Council.
E. City Council Hearing and Decision. Upon request of the Planner, Manager or
applicant, and after review and recommendation by the Commission, the Council
shall conduct a public hearing regarding the application. The hearing shall be held
not later than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of the
tract to which the application relates insofar as the names and addresses of such
owners can reasonably be determined by the Clerk from records maintained by the
Assessor. After hearing the oral and written views of all interested persons, the
850-30 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
Council shall make its decision at the same meeting or at a specified future date. No
new notice need be given for hearings which are continued to a specified future
date. The Council shall not grant a conditional use permit unless it finds that the
establishment, maintenance and operation of the use:
1. Will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals and general
welfare;
2. Will not cause undue traffic hazards, congestion or parking shortages;
3. Will not be injurious to the use and enjoyment, or decrease the value, of
other property in the vicinity, and will not be a nuisance;
4. Will not impede the normal and orderly development and improvement of
other property in the vicinity;
5. Will not create an excessive burden on parks, streets and other public
facilities;
6. Conforms to the applicable restrictions and special conditions of the district
in which it is located as imposed by this Section; and
7. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of all
members of the Council. A favorable vote by the Council shall be deemed to
include a favorable finding on each of the foregoing matters even if not specifically
set out in the approval resolution or the minutes of the Council meeting.
F. Conditions and Restrictions. The Commission may recommend that the Council
impose, and the Council with or without such recommendation may impose,
conditions and restrictions upon the establishment, location, construction,
maintenance, operation or duration of the use as deemed necessary for the
protection of the public interest and adjacent properties, to ensure compliance with
the requirements of this Section and other applicable provisions of this Code, and to
ensure consistency with the Comprehensive Plan. The Council may require such
evidence and guarantees as it may deem necessary to secure compliance with any
conditions imposed. No use shall be established or maintained, and no building or
other permit for establishing or maintaining such use shall be granted, until the
applicant has met and fulfilled all conditions imposed by the Council to the
satisfaction of the Planner.
G. Expansions of Conditional Uses. No use allowed by conditional use permit, or
any building or structure accessory thereto, shall be increased in gross floor area or
height, nor shall any off-street parking facilities accessory to the building or
structure be enlarged in surface area to accommodate additional automobiles,
without first obtaining, in each instance, a conditional use permit.
850-31 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
H. Restriction on Resubmission After Denial. No application for a conditional use
permit which has been denied by the Council shall be resubmitted for a period of
one year following the date of the denial by the Council. Provided, however, that
the application may be resubmitted if so directed by the Council on a three-fifths
favorable vote of all members of the Council after presentation to the Council of
evidence of a change of facts or circumstances affecting the proposed use or tract on
which it is to be located.
I. Lapse of Conditional Use Permit by Non-User, Extension of Time.
1. If no use allowed by the conditional use permit has begun within two years
from the granting of the conditional use permit, the conditional use permit
shall become null and void unless a petition for extension of time has been
granted.
2. A petition for extension shall be in writing and filed with the Clerk within
two years from the granting of the conditional use permit. The petition for
extension shall state facts showing a good faith attempt to use the conditional
use permit and shall state the additional time requested to begin the use. The
petition shall be presented to the Council for hearing and decision in the same
manner as then required for an original application. The Council may grant an
extension of the conditional use permit for up to one year upon finding that:
a. a good faith attempt to use the conditional use permit has been
made,
b. there is a reasonable expectation that the conditional use permit
will be used during the extension, and
c. the facts which were the basis for the findings under which the
original conditional use permit was granted have not materially
changed. No more than one extension shall be granted. For purposes
of this paragraph, a use shall be deemed begun when all work
described in the original application, or information provided, has
been completed and has received final City approvals and the use is
operating for the purposes described in the original application.
J. Filing of Conditional Use Permit. If a conditional use permit is granted, the
applicant, at the applicant's expense, shall duly file or record the permit in the
proper office to give constructive notice of it. A verified copy of the permit, with
the recording data on it, shall be delivered to the Planner. The Council may require
that the permit be so recorded or filed, and the verified copy delivered to the
Planner, before the permit shall become effective.
Subd. 5 Temporary Conditional Use Permits.
A. Purpose. The purpose of temporary conditional use permits is to allow disabled
residents of dwelling units to conduct and operate permitted customary home
occupations in their residence by means of such variances from the conditions
850-32 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.04
otherwise imposed by this Section on such occupation as the Council deems
necessary and appropriate to allow such persons to properly conduct and operate
such occupation from their residence. The Council hereby finds and determines that
it is in the best interests of the City and its citizens to provide a process and means
by which disabled persons can carry on home occupations from their residence and
thereby become or remain productive and gainfully employed, and that the granting
of conditional use permits pursuant to this Subdivision will promote the public
health, safety, morals and general welfare of the City, and its citizens. However,
disabled residents who do not need variances from conditions imposed by this
Section on customary home occupations need not, and are not required to, obtain a
conditional use permit pursuant to this Subdivision.
B. Conditional Use Provisions Apply. All the provisions of paragraphs D. and H.
of Subd. 4 of this Subsection 850.04 relative to the issuance of conditional use
permits shall apply to temporary conditional use permits issued pursuant to this
Subdivision, except as specifically changed by this Subdivision.
C. Application and Notice.
1. An application for a temporary conditional use permit may be initiated by
the occupant of the residence from which the home occupation is to be
conducted, whether such occupant is an owner or a lessee of the residence.
The application shall be accompanied by the fee set forth in Section 185 of this
Code.
2. The application for a temporary conditional use permit shall also be
accompanied by the following additional information:
a. a letter (which shall be dated not earlier than 30 days prior to the
date of the application) from the applicant's attending physician (who
shall be duly licensed to practice medicine in Minnesota) certifying
that the applicant is physically unable to be employed full-time outside
of the applicant's residence;
b. the specific home occupation proposed by the applicant, including
the expected number of weekly automobile trips to the dwelling unit
by individuals other than the residents of the home expected to be
generated by the home occupation, the number of hours per day and
the number of days per week the home occupation will operate;
c. any proposed interior or exterior alterations to the dwelling unit
necessary due to the proposed home occupation; and
d. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
3. The erection of a sign shall not be required in connection with the
850-33 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
application for a temporary conditional use permit.
4. Notice of hearing before the Council shall be published and mailed as
provided in paragraph E. of Subd. 4 of this Subsection 850.04 except that
mailed notice shall be given only to owners of property situated wholly or
partly within 350 feet of the property to which the application relates.
D. Conditions and Findings.
1. In order to grant a temporary conditional use permit, the Council must
make the same findings as set forth in paragraph E. of Subd.4 of this
Subsection 850.04.
2. In order to grant a temporary conditional use permit, the Council must also
find that the proposed home occupation complies with the conditions of
paragraph A. of Subd. 4 of Subsection 850.07, provided, however, that:
a. the Council may grant a variance of any condition in paragraph A.
of Subd. 4 of Subsection 850.07, if deemed necessary by the Council
to permit the applicant to properly operate and conduct the proposed
home occupation and if the Council finds that such use will not negate
or violate any of the findings to be made pursuant to paragraph E. of
Subd. 4 of this Subsection 850.04; and
b. the maximum number of automobile trips to the dwelling unit of
the applicant by individuals other than its residents generated as a
result of such home occupation may be increased by the Council from
ten per week to a maximum of twenty per week in connection with the
granting of the permit.
3. Any permit granted pursuant to this Subdivision 850.04 shall remain in
effect, if not earlier terminated under other provisions of this Section, only so
long as the following conditions are observed and complied with:
a. that the applicant occupy the dwelling unit described in the permit,
and then only so long as such applicant is physically unable to be
employed full time outside of the applicant's residence;
b. that the findings made by the Council as set forth in paragraph E.
of Subd. 4 of this Subsection 850.04 continue without change or
violation; and
c. that the conditions of paragraph A. of Subd. 4 of Subsection
850.07, as varied by variances granted by the Council, are not
violated.
E. Duration and Review of Permits.
1. Each permit issued pursuant to this Subdivision shall remain in effect only
so long as the conditions set out in subparagraph 3. of paragraph D. of this
850-34 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.04
Subd. 5 are observed and not violated.
2. The Council shall review each permit issued pursuant to this Subd. 5 on
the first anniversary of the effective date of the permit and on each second
anniversary (i.e., every other year) of the effective date of the permit to
determine if any of the conditions are not being observed, or are being
violated. Such review shall be made at a public hearing, notice of which shall
be published and mailed in the same manner as notice would then be given
under this Section for a then new conditional use permit. All persons may be
heard, and the Council shall receive such evidence and information as it deems
necessary or desirable, orally and in writing, at the hearing and continuations
of the hearing. If, at the hearing, or a continuation thereof, the Council
concludes, by resolution, that one or more of the conditions set out in
Subparagraph 3. of paragraph D. of this Subdivision are not being observed or
are being violated, then the Council may direct the Manager to institute
proceedings to revoke the permit as provided in Subd. 9 of this Subsection
850.04. The foregoing provisions shall not prevent the City from exercising
any remedies for violations of any conditions applicable to any conditional use
permit whenever they occur.
F. All Districts. Customary home occupations conducted pursuant to temporary
conditional use permits issued under this Subd. 5 shall be allowed as a conditional
use in all districts in which dwelling units are allowed.
Subd. 6 Fees and Charges.
A. Petitions and Applications. Each petition or application filed with or submitted
to the City pursuant to this Section shall not be deemed filed or submitted, and the
City shall have no duty to process it, to act on it or respond to it, unless and until
there is paid to the City the applicable fee for such petition or application, as then
required by Section 185 of this Code. This paragraph shall not apply to petitions or
applications filed or submitted by the Council, the Commission or any City official
in its official capacity.
B. Administrative Expenses and Attorneys' Fees. Each petitioner and applicant, by
filing or submitting a petition or application, shall have agreed to pay all
administrative expenses and attorneys' fees, with interest and costs as provided,
incurred by the City in connection with or as a result of reviewing and acting on
such petition or application. If more than one person signs a petition or application,
all such signers shall be jointly and severally liable for such expenses and fees, with
interest and costs as provided. The expenses and fees to be paid to the City
pursuant to this paragraph shall be payable upon demand made by the City, and if
not paid within five days after such demand, shall bear interest from the date of
demand until paid at a rate equal to the lesser of the highest interest rate allowed by
law or two percentage points in excess of the reference rate. The petitioners and
applicants shall also pay all costs, including attorneys' fees, incurred by the City in
collecting the expenses, fees and interest, with interest on the costs of collection
from the dates incurred until paid, at the same interest rate as is payable on the
expenses and fees. For purposes of this paragraph, reference rate shall mean the
850-35 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.04
rate publicly announced from time to time by First Edina National Bank, or any
successor, as its reference rate, and if the bank, or its successor, ceases publicly
announcing its reference rate, reference rate shall mean the interest rate charged
from time to time by the bank on 90-day unsecured business loans to its most credit-
worthy customers.
Subd. 7 Mailed Notice. Whenever this Section requires or permits mailed notice to
property owners, the failure to give mailed notice, or defects in the notice, shall not
invalidate the proceedings, provided a good faith attempt to comply with the applicable
notice requirements was made. Any appropriate records may be used by the person
responsible for mailing the notice to determine names and addresses of owners.
Subd. 8 Evidence of Ownership. If, in connection with any petition or application, the
Planner requests evidence of ownership of the property to which the petition or application
relates, the petitioner or applicant shall obtain, at the petitioner's or applicant's expense,
and deliver to the Planner, a title opinion from an attorney acceptable to the Planner, or
other evidence of such ownership acceptable to the Planner, in each case addressed to the
City. Also, if so requested by the Planner, the petitioner or applicant shall obtain a written
consent to the petition or application by all owners of such property as shown by the title
opinion or other evidence of ownership and, if the request is made, the City shall have no
duty to process, or to act on or respond to, such petition or application until such consents
are delivered to the Planner.
Subd. 9 Violation, Penalty, Remedies.
I
A. Misdemeanor. Any owner or lessee of an entire building or property in or upon
which a violation has been committed or shall exist, or any owner or lessee of that
part of the building or property in or upon which a violation has been committed or
shall exist, shall be guilty of a misdemeanor and subject to the penalties and
remedies provided in Subsection 100.09 of this Code.
B. Civil Penalty. Any such person who, after being served with an order to remove
any such violation, shall fail to comply with the order within ten days after being
served, or shall continue to violate any provision of the regulations made under
authority of this Section in the respect named in such order, shall also be subject to
a civil penalty of not to exceed $500.
C. Violation of Conditions in Conditional Use Permits. If any person violates any
condition or restriction imposed by the Council in connection with the grant or
issuance of a conditional use permit, the City, in addition to other remedies
available to it as provided in this Subdivision, may revoke the permit and all rights
attributable to such permit. Revocation shall be done in the following manner:
1. The Manager or Planner shall notify the owner and occupant of the
property to which such permit exists insofar as the names and addresses of
such owner and occupant can reasonably be determined by the Clerk from
records maintained by the Assessor, of the violation and request removal
within a stated period, but not less than five days.
850-36 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.06
2. If the violation is not removed within the stated period, the Manager or
Planner shall submit a report on the matter to the Council and request a
hearing.
3. The Council, upon receipt of the report, shall set a hearing date, and notice
shall be given to the owner and occupant at least ten days prior to the hearing.
4. After receiving the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date.
5. If the hearing is continued to a specified future date, no new notice need be
given. If such permit is revoked by the Council, all use, activity and rights
allowed by and attributable to such permit shall immediately cease.
850.05 Districts. For the purposes of this Section, the City shall be divided into the following
zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District (PRD and PSR)
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
850.06 District Boundaries. The boundaries of all such districts except the Floodplain Overlay
District, shall be as shown in the official Zoning Map entitled "Official Zoning Map", a
composite copy of, which reduced in size, is appended to this Code. The Official Zoning Map,
with all explanatory information, is adopted by reference and declared to be a part of this Code.
The boundaries shown on the Official Zoning Map may be changed by amendment to this Section.
The Official Zoning Map shall be on file in the office of the Planning Department and shall be
open to public inspection during normal business hours of the City. The boundaries of the
Floodplain Overlay District shall be as shown on the Official Floodplain Zoning Map described
and identified in Subsection 850.21, as such map is to be interpreted and used as provided in
Subsection 850.21.
850-37 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.07
850.07 General Requirements Applicable to all Districts Except as Otherwise Stated.
Subd. 1 General. No building or structure shall be erected, constructed or placed on
any property in the City, and no building or structure or property in the City shall be used
for any purpose, unless in full compliance with the restrictions and requirements of this
Section and other applicable provisions of this Code.
Subd. 2 Storage of Refuse.
A. All Properties Except Single Dwelling Unit and Double Dwelling Unit
Buildings. All refuse, as defined in Section 705 of this Code, or similar material
shall be kept within closed containers designed for such purpose. The containers
shall not be located in the front yard and shall be completely screened from view
from all lot lines and streets.
B. All Non-Residential Properties Within the 50th and France Commercial District.
No non-residential building within the 50th and France Planned Commercial
District shall be (i) added to or enlarged in any manner; or (ii) subjected to an
alteration whereby the use of any portion of a building is converted to a restaurant
without first providing sufficient areas for the storage of refuse and servicing of
refuse containers. Areas for the storage of refuse and servicing of refuse containers
which existed as of the effective date of this Code shall not be eliminated or reduced
in size.
C. Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as
defined in Section 705 of this Code, or similar materials shall be kept within closed
containers designed for such purpose. Such containers shall not be located in the
front yard and shall not be visible from the front lot line except as allowed by
Section 705 of this Code.
Subd. 3 Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings,
Trailers and Recreational Vehicles. No accessory building, temporary building, trailer
or recreational vehicle in any district shall be used in whole or in part for a dwelling unit
or units, except for accessory buildings which are specifically allowed for residential use
by this Section.
Subd. 4 Customary Home Occupations as an Accessory Use.
A. Customary home occupations which are permitted as an accessory use by this
Section shall comply with the following conditions:
1. Only the residents of the dwelling unit shall be employed on the lot or
within the dwelling unit.
2. No exterior structural modifications shall be made to change the residential
character and appearance of the lot or any buildings or structures on the lot.
3. No loading, unloading, outdoor storage of equipment or materials, or other
outdoor activities, except parking of automobiles shall occur.
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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.
3. Music, dance or exercise instruction which provides instruction to groups
of more than five individuals at a time.
850-39 Supplement 2003-02
City of Edina Land Use, Platting and Zoning 850.07
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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
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
85040 Supplement 2003-02
City of Edina Land Use,Platting and Zoning 850.07
and which are not within three feet of a lot line.
E. Flagpoles, light poles and fixtures.
F. Clotheslines and outdoor fireplaces in the rear yard only.
G. Bus shelters which have been approved by the Engineer.
H. Unenclosed steps or stoops not exceeding 50 square feet in area.
I. Fireplaces projecting not more than two feet into the required setback and not
exceeding ten square feet in horizontal area.
J. Underground storage tanks, conduits and utilities.
K. Portions of principal and accessory buildings or structures which are located
completely underground, which are not visible from the surface of the ground and
which do not encroach more than one-half of the distance into that part of the
required setback nearest the principal or accessory building.
L. Trees, shrubs and other vegetation.
M. Retaining walls.
N. Freestanding basketball posts, backboards and goals adjacent to a driveway.
O. Unenclosed overhanging eaves or porches supported by posts or columns not
exceeding 80 square feet in area, that are not closer than 20 feet to a front property
line, 3 feet to a side property line or 10 feet to a side street.
Subd. 7 Drainage. Surface water runoff shall be properly channeled into storm sewers,
watercourses, ponding areas or other public facilities. All provisions for drainage,
including storm sewers, sheet drainage and swales, shall be reviewed and approved by the
Engineer prior to construction or installation.
Subd. 8 Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building containing three
or more dwelling units shall not be issued unless the applicant's building plans, including
the site plan, are certified by an architect registered in the State. The certification shall
state that the design of the building and site has been prepared under the direct supervision
of the architect.
Subd. 9 Building Coverage Computations; Exclusions and Inclusions.
A. The following structures and improvements shall be excluded when computing
building coverage:
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
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City of Edina Land Use,Platting and Zoning 850.07
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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
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City of Edina Land Use,Platting and Zoning 850.07
owned by the resident or of the premises or by friends of such resident. None of the
items offered for sale shall have been purchased for resale or received on
consignment for purposes of resale.
Subd. 13 Platting Requirement. Any land proposed to be transferred from one zoning
district to another shall be platted into lots and blocks pursuant to and in accordance with
the requirements of Section 810 of this Code in connection with, and at the time of the
transfer. Any land which has been previously platted into lots and blocks shall be likewise
replatted to provide new lots and blocks which are compatible in size, shape, location and
arrangement with the property's intended use.
Subd. 14 Drive-Through Facility Standards.
A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.
1. Financial institutions: 3 stacking spaces per bay
2. Car wash: 25 stacking spaces per bay
3. Accessory car wash: 2 stacking spaces per bay
4. All other uses: 4 stacking spaces per bay
B. Location of Stacking Space.
1. No stacking space shall encroach into any drive aisle necessary for the
circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required by
this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A. of
Subd. 14 above, if the drive-through bay is equipped with a facility for
placing an order which is separated from the location at which the product
or merchandise is received by the customer, not less than three of the
required stacking spaces shall be provided at the ordering point.
C. Minimum Size of Stacking Space. The minimum size of each stacking space
shall be nine feet wide by 18 feet deep.
D. Accessory Canopies and Mechanical Equipment. All canopies and equipment
appurtenant to a drive-through facility shall provide the same setbacks as are
required for principal buildings.
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays.
Subd. 15 District Limits. For purposes of calculating the minimum site area, floor
area ratio, building coverage, setbacks and all other requirements of this Section, a district
or subdistrict shall be deemed not to extend beyond the right-of-way lines of adjacent
850-43 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.07
streets, alleys or highways which were dedicated, conveyed or acquired prior to the
transfer of land to that district or subdistrict. Districts which are separated by public
streets or highways shall be deemed to be separate and independent districts and all
requirements and restrictions contained in this Section must be met separately and
independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary
or portable building or structure, including, without limitation, any shed, tent or
shelter, which is not permanently attached to the ground shall be placed or stored
within the required front street or side street setback for the principal building and
shall maintain an interior side yard and rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double
Dwelling Unit Lots. No temporary or portable building or structure, including,
without limitation, any shed, tent or shelter, which is not permanently attached to
the ground shall be placed or stored upon a lot except as accessory to, and during
the construction of, permanent buildings or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished products,
motor vehicles, trailers and all equipment shall be stored within a completely enclosed
building except:
A. Materials and equipment used for the construction or repair of structures may
be stored outdoors on the construction site during construction.
B. Motor vehicles, recreational vehicles and other vehicles may be parked or stored
outdoors in accordance with the Section 1046 of this Code.
C. Outdoor storage or displays may take place on lots in the Planned Commercial
District in accordance with Subd. 11 of Subsection 850.16.
Subd. 18 Setbacks from Naturally Occurring Lakes, Ponds and Streams.
Notwithstanding any other requirements of this Section or other provisions of this Code, in
cases where a portion of a lot or tract is located below the ordinary high water elevation of
a naturally occurring lake, pond or stream, the shoreline created by such an ordinary high
water elevation shall be deemed to be the rear lot line or side lot line, as the case may be,
for setback purposes. All principal and accessory structures shall maintain a minimum
setback of 50 feet from the ordinary high water elevation, except that all principal and
accessory structures shall maintain a minimum setback of 75 feet from the ordinary high
water elevation of Indianhead Lake, Arrowhead Lake, Mirror Lake and Lake Cornelia.
Subd. 19 Energy Collection System Setbacks. Facilities and equipment designed for
the collection of solar energy or wind energy shall maintain the same setbacks as are
required for principal buildings or structures and shall not be located within the front yard.
Subd. 20 Non-Conforming Uses, Buildings and Lots.
85044 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.07
A. Non-Conforming Uses. Any non-conforming use may continue, provided that:
1. It shall not be expanded to occupy a larger portion of a building or lot,
or be extended to other buildings or lots;
2. It shall not be replaced with any other non-conforming use;
3. It shall not be resumed if it is discontinued for one year or longer; and
4. If it is ever discontinued and replaced with a conforming use, no
non-conforming use thereafter shall be made of the building or lot.
B. Non-Conforming Buildings.
1. Alterations, Additions and Enlargements.
a. a non-conforming building, other than a single dwelling unit
building, shall not be added to or enlarged, in any manner, or
subjected to an alteration involving 50 percent or more of the gross
floor area of the building, or 50 percent or more of the exterior wall
area of the building, unless such non-conforming building, including
all additions, alterations and enlargements, shall conform to all of
the restrictions of the district in which it is located. The percentage
of the gross floor area or exterior wall area subjected to an alteration
shall be the aggregate percentage for any consecutive three-year
period.
b. a non-conforming single dwelling unit building shall not be
added to or enlarged in any manner, or subjected to an alteration to
convert accessory buildings or portions thereof into living area,
unless all such additions, enlargements and alterations shall conform
to the setback and height restrictions of the district in which it is
located, and unless such non-conforming single dwelling unit
building, including all such additions, enlargements and alterations
shall conform to the building coverage restriction of the district in
which it is located.
2. Repairs, Maintenance and Remodeling. Non-conforming buildings may
be repaired, maintained and internally remodeled to an extent and in a
manner which does not violate the provisions of the preceding subparagraph
1.
3. Restoration. A non-conforming building, or a building all or
substantially all of which is used for a non-conforming use, which is
destroyed or damaged by fire, wind, earthquake, explosion or other
casualty, to the extent that the cost of restoration exceeds one-half of the
fair market value of the entire building on the date immediately prior to the
date of the casualty, shall not be restored unless the building, and the use,
shall conform to all of the restrictions of the district in which it is located. If
85045 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.07
the cost of restoration is less than one-half of the fair market value of the
entire building on the date immediately prior to the date of the casualty,
then the building may be restored without so conforming; but if such
restoration is not begun within two years from the date of the casualty or is
not diligently prosecuted to completion, then the building shall not be
restored unless the building, and the use, conforms to all of the restrictions
of the district in which it is located. The Assessor, or other person selected
by the Manager, shall determine such cost of restoration and such fair
market value.
C. Non-Conforming Lots. A non-conforming lot in the R-1 District used or
intended for a single dwelling unit building shall be exempt from the width, depth,
area and lot width to perimeter ratio requirements of this Section, provided, that
the lot:
1. Is not less than 50 feet in width;
2. Is not less than 100 feet in depth;
3. Has at least 30 feet frontage on a street; and
4. Has not been at any time since October 22, 1951, been held in common
ownership with all or part of an adjoining or abutting lot or parcel which,
together, complied with the minimum width, depth and area and lot width
to perimeter ratio requirements imposed by this Section. If such lot and
adjoining or abutting lot or parcel has been held in such common
ownership, then the property so held in common ownership shall be subject
to the following:
a. if a non-conforming lot or parcel is, or at any time since October
22, 1951, has been, held in common ownership with all or part of an
adjoining or abutting parcel or lot which together comply with, or
come close to complying with, the minimum width, depth, area, and
lot width to perimeter ratio, requirements of this Section, then such
non-conforming lot or parcel and such adjoining or abutting parcel
or lot shall be considered as one lot and shall not be decreased in
size below such minimum requirements. If in a group of two or
more adjoining or abutting lots or parcels owned or controlled by
the same person, any single lot or parcel does not meet the full
minimum depth, width, area or lot width to perimeter ratio
requirements of this Section, such single lot or parcel shall not be
considered as a separate lot or parcel able to be conveyed and
developed under this Code.
Subd. 21 Relocation of Buildings and Structures. No building or structure shall be
moved, in whole or in part, into or within the City, unless every portion of such building
and structure, and its use, conforms to all of the restrictions of the district in which it is to
be located. The moving or relocation of a building or structure shall be undertaken and
done only in accordance with applicable provisions of Section 410 of this Code and State
85046 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.08
Law.
Subd. 22 Signs. Signs erected in accordance with Section 460 of this Code shall be a
permitted accessory use in all districts.
Subd. 23 Utility Buildings and Structures.
A. Utility Buildings and Structures Owned by the City. Utility buildings and
structures owned by the City and used for rendering service to all or any part of the
City (but excluding warehouses, maintenance buildings and storage yards) shall be
a permitted principal or accessory use in all districts.
B. Other Utility Buildings and Structures. Utility buildings and structures owned
by private utility companies or governmental units other than the City, and used for
rendering service to all or any part of the City (but excluding warehouses,
maintenance buildings and storage yards) shall be a conditional use in all districts
and shall only be constructed pursuant to a conditional use permit granted in
accordance with Subd. 4 of Subsection 850.04.
850.08 Parking and Circulation.
Subd. 1 Minimum Number of Spaces Required.
A. Single Dwelling Units, Double Dwelling Units and Residential Townhouses.
Two fully enclosed spaces per dwelling unit.
B. Apartment Buildings in the PRD District.
1. 1.25 fully enclosed spaces and 0.75 exposed spaces per dwelling unit.
2. The required number of exposed spaces may be reduced to not less than
0.5 spaces per dwelling unit if the number of enclosed spaces is increased
by a like amount so that the total number of exposed and enclosed spaces
equals not less than two per dwelling unit.
C. Senior Citizen Dwelling Unit Buildings in the PSR-4 and PSR-5 Subdistricts.
1. 0.5 exposed spaces and 0.25 enclosed spaces per senior citizen dwelling
unit.
2. In addition to subparagraph 1, the following spaces are required:
a. one completely enclosed and one exposed space for each
non-senior citizen dwelling unit located in a building in the Planned
Senior Residence District;
b. one completely enclosed space per vehicle owned by the
building's management and stored on the property; and
c. one exposed space for each employee who is not a resident of the
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City of Edina Land Use,Platting and Zoning 850.08
building.
D. Nursing, Convalescent and Rest Homes. One space for every four patients or
residents based on the maximum capacity of the building, plus one space per
employee on the major shift, plus one space per vehicle owned by the building's
management.
E. Day Care, Nurseries and Preschools (Principal Use). One space per teacher or
employee, plus one space per 20 individuals (or major fraction) receiving care.
F. Public or Private Senior High Schools and Seminaries. One space per
classroom plus one space per ten students, or spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, whichever is
greater.
G. Public or Private Elementary or Junior High Schools. Two spaces per
classroom, or spaces equal in number to one-third the maximum seating capacity of
the largest place of assembly, whichever is greater.
H. Community Centers. Spaces equal in number to one-third the maximum seating
capacity of the largest place of assembly, or one space for each 200 square feet of
gross floor area, whichever is greater.
I. Churches and Other Religious Institutions. Spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, plus spaces for
other church facilities which are used concurrently with the largest place of
assembly, the number of which shall be determined by the Council in connection
with the granting of a conditional use permit.
J. Theaters (Except Within Shopping Centers), Stadiums, Auditoriums, Arenas,
Lodge Halls, Mortuaries and Club Houses. Spaces equal in number to one-third the
maximum seating capacity, plus one space for each employee on the major shift.
K. Governmental Administration, Public Service, Post Office. The greater of:
1. One space per employee on the major shift, plus one space per
government-owned vehicle, plus ten visitor spaces; or
2. One space for each 200 square feet of gross floor area.
L. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square feet of
gross floor area.
M. Medical or Dental Offices, Clinics and Animal Hospitals. One space for each
200 square feet of gross floor area, plus one space per physician, dentist or
veterinarian.
N. Hospitals. One space per bed, plus one space per employee or volunteer on the
major shift.
85048 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.08
O. Athletic, Health, and Weight Reduction Facilities.
1. Six spaces per court for handball, racquetball and tennis courts.
2. One space per 200 square feet of gross floor area for all other uses.
P. Restaurants (Except Within Shopping Centers). Spaces equal in number to
one-third the maximum seating capacity, plus one space for each employee on the
major shift.
Q. Car Washes. One space per employee on the major shift, plus five spaces for
each wash lane, plus stacking spaces in accordance with Subd. 14 of Subsection
850.07.
R. Accessory Car Washes. Two parking spaces, plus stacking spaces in
accordance with Subd. 14 of Subsection 850.07.
S. Gas Stations. One space per employee on the major shift, plus one space for
each 100 square feet of accessory retail uses in excess of 500 square feet exclusive
of restrooms, storage areas and mechanical equipment.
T. Automobile Service Centers. Three parking spaces per service bay, plus one
space per employee on the major shift, plus one space for each 100 square feet of
accessory retail uses in excess of 500 square feet exclusive of restrooms, storage
areas and mechanical equipment.
U. Bowling Alleys. Five spaces per lane.
V. Offices, Medical and Dental Laboratories, Business or Professional Offices,
Financial Institutions, Employment Agencies and Travel Bureaus.
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/{(0.00025*GFA)+195]
Over 220,000 sq. ft. GFA/250
W. Mixed Development District.
1. Residential: one enclosed space, plus 0.75 exposed space, per dwelling
unit.
2. Non-Residential (excluding publicly owned facilities and uses accessory
to residential uses):
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
85049 Supplement 2002-2
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City of Edina Land Use, Platting and Zoning 850.08
20,001 - 220,000 sq. ft. GFA/1(0.0005*GFA)+19,
Over 220,000 sq. ft. GFA/300
i
X. Multi-Tenant Industrial Buildings. One space for each 400 square feet of gross
floor area, or the sum of the component gross floor areas as follows, whichever is
greater:
1. One space for each 200 square feet of office space.
2. One space for each 2,000 square feet of warehouse space.
3. One space for each 300 square feet of manufacturing, processing,
packaging, treatment and assembly space.
4. One space for each 500 square feet of space containing machines and
equipment for conducting scientific research, testing or experimentation.
5. One space for each 200 square feet of facilities for athletic, health and
weight reduction purposes; six spaces per court for handball, racquetball or
tennis.
Y. Automobile and Boat Sales - New or Used. One space per 250 square feet of
gross floor area, including show rooms, sales space and offices, but excluding
service areas, plus three spaces for each service bay. Required parking spaces shall
not be used for the storage or display of vehicles, boats or other products.
Z. Furniture and Major Appliance Sales.
1. Over 2,500 square feet of gross floor area: one space per 400 square
feet of gross floor area.
2. Under 2,500 square feet of gross floor area: one space per 200 square
feet of gross floor area.
AA.Hotels and Motels. One space per guest unit, plus one space for each employee
on the major shift.
BB.Uses Allowed in the Planned Commercial Districts Except Uses For Which a
Parking Quantity is Otherwise Specified.
1. Shopping Centers. One space per 200 square feet of gross floor area
(including theaters and restaurants), plus one additional space for each ten
seats in a restaurant, theater or other place of assembly. Atrium areas and
mall areas not used for retail sales purposes shall be excluded from gross
floor area calculations.
2. Other Retail. Eight spaces for the first 1,000 square feet, plus six spaces
for each 1,000 square feet of gross floor area in excess of the original
1,000, but not exceeding 15,000 square feet, plus five spaces for each 1,000
850-50 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.08
square feet in excess of 15,000 square feet.
For the purpose of determining parking requirements in places of assembly where persons
occupy benches, pews and similar seating facilities, each 22 inches of the seating facilities
shall be counted as one seat.
Subd. 2 Use of Public Parking to Meet Off-Street Parking Requirements.
A. Any principal use on property located within a redevelopment project approved
by the Council pursuant to M.S. 462, or M.S. 469.001 to 469.047 which principal
use was in existence on the date the project was approved, and which project
provides for public parking to serve the project area, may be reconstructed, or a
new principal use constructed, on the same property without providing off-street
parking additional to that provided for public parking. Provided, that the
reconstructed or new principal use does not contain more gross floor area than the
prior principal use, and is for uses which do not increase the number of required
off-street parking spaces beyond those required for the uses in the prior principal
use.
B. If any increase in the size, or changes in the uses, of such an existing principal
use is made beyond the size or for other than the uses above allowed, then
additional off-street parking spaces shall be provided, pursuant to this Section, but
only for the additional spaces resulting from the increase in size or changes in uses.
Subd. 3 Location.
A. Non-Residential Principal Uses. The required number of off-street parking
spaces shall be located on the same lot as the principal use or on an adjacent lot
under the control of the owner of the principal use. For purposes hereof, "control"
may be derived from ownership, or by a lease or easement continuing for a period
of not less than 25 years. The required parking spaces shall not be separated from
the principal use building by a street. Seventy-five percent of all required spaces
shall be located within 500 feet of the entrances to the principal use building and
100 percent shall be within 1,000 feet.
B. Residential Principal Uses. The required number of off-street parking spaces
shall be located on the same lot as is occupied by the principal use. The required
parking spaces shall not be separated from the principal use building by a street.
Subd. 4 Setbacks (Not Applicable to Single Dwelling Unit Buildings and Double
Dwelling Unit Buildings). No exposed parking spaces, required stacking spaces or drive
aisles (except that portion of the driveway crossing the public right of way to give access
to the street) shall be located within twenty feet of a public street right-of-way or within
ten feet of an interior side lot line or a rear lot line. Interior side yard and rear yard
setbacks shall be measured from the boundary of the tract. No parking space or drive aisle
shall be located within ten feet of any principal use building.
Subd. 5 Design and Construction.
850-51 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.08
III
A. Size
1. Full Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 81/2 feet 18 feet 24 feet
600 9 feet 18 feet eet
450 9 feet 18 feet 12 feet
2. Compact 1 Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 7 1/2 feet 16 feet 24 feet
600 8 feet 16 feet 18 feet
450 8 feet 16 feet 12 feet
B. Compact Parking Spaces. Within the Planned Office District, Regional Medical
District and Planned Industrial District only, not more than 20 percent of all
required parking spaces may be compact spaces. In all other districts, no compact
spaces shall be counted as required parking. Compact spaces shall be clearly
identified by signs mounted on sign posts in order that they are visible at all times.
Signs which are painted on the pavement shall not be permitted for this purpose.
Compact parking spaces shall be located in one contiguous area to the greatest
possible extent and, where possible, limited to proposed employee parking areas. It
is the purpose and intent to limit compact parking spaces to areas used for
long-term employee parking rather than short-term visitor parking.
C. Bumper Overhangs. The minimum parking space length as required may be
decreased by 1.5 feet for full size parking spaces and 1.0 foot for compact spaces
which allow the bumper of the automobile to project beyond the terminus of the
parking space without obstructing other parking spaces or vehicle circulation areas.
D. Joint Parking Facilities in the Planned Commercial District and Mixed
Development District. Parking spaces serving two or more buildings, lots or uses
in the Planned Commercial District and the Mixed Development District may be
located in the same off-street parking area, provided that:
1. The total number of spaces furnished shall not be less than the sum of
the separate requirements for each use; and
2. All parking spaces shall comply with all requirements as to location and
control as provided by paragraph A. of Subd. 3 of Subsection 850.08.
850-52 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.08
E. Nighttime Uses. Nighttime uses, as below defined, which share parking
facilities with daytime uses may reduce their required number of parking spaces by
50 percent, provided that:
1. The total number of spaces normally required for nighttime uses is
provided within the parking area in combination with parking spaces
provided for daytime uses;
2. The total number of parking spaces normally required for nighttime use
conforms to all requirements as to location and control as provided by
paragraph A. of Subd. 3 of Subsection 850.08; and
3. In the opinion of the Planner, the peak hours of operation of the
nighttime use will not coincide with the peak hours of other uses sharing the
joint parking facility so as to cause a parking shortage.
For the purposes hereof, nighttime uses are limited to theaters; facilities for
athletic, health and weight control including handball courts, racquet courts, tennis
courts, reducing salons and aerobic dance studios; bowling alleys; and club and
lodge assembly halls. Provided, however, that uses which are located within a
shopping center or Mixed.Development District shall not be deemed nighttime uses
and shall not be eligible for reduction of parking requirements due to nighttime
uses.
F. Construction. Off-street parking spaces and circulation areas shall be surfaced
and maintained with a hard, all-weather, durable and dust-free surfacing material
composed of bituminous asphalt or concrete installed over a well compacted
subgrade and gravel base. Except for residential uses in the R-1 District and R-2
District, each parking space shall be clearly delineated by lines painted on or
imbedded in the surface of the parking area.
Subd. 6 Traffic and Circulation.
A. General Requirements. Vehicular traffic shall be channeled and controlled in a
manner that will avoid congestion and traffic hazards on the lot or tract or on
adjacent streets. Traffic generated by the use shall be directed so as to avoid
excessive traffic through residential areas. No parking area, stacking area or
circulation area, except for driveway ingresses and egresses, shall be located within
a street, alley or highway.
B. Review by Engineer. The adequacy of any proposed traffic circulation system
on a lot or tract shall be subject to the review of the Engineer who may require
additional measures for traffic control to accomplish the orderly and safe
movement of traffic including, but not limited to, the following:
1. Directional signalization.
2. Channelization.
850-53 Supplement 2002-2
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City of Edina Land Use, Platting and Zoning 850.08
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3. Turn lanes.
4. Increased street width.
5. Warning lights.
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6. Stacking lanes.
7. Location, number and width of curb cuts.
C. Circulation Within Parking Areas.
1. Unobstructed access to each parking space from a drive aisle shall be
provided.
2. Traffic moving from one part of a parking area to another shall be
capable of doing so without using a street.
3. Dead end drive aisles shall not be permitted.
4. Parking spaces oriented at an angle of less than 90 degrees to the drive
aisle shall be served only by way of one-way drive aisles.
D. Driveway Design.
1. Driveway width (back of curb to back of curb):
Maximum Minimum
One-way 20 feet 12 feet
Two-way 30 feet 24 feet
2. Maximum driveway width at street curb: 30 feet exclusive of returns
as measured along the curb line of the street.
3. Minimum distance between driveways in all districts except R-1 and R-
2: 20 feet between ends or returns as measured along the curb line of the
street.
4. Minimum distance of driveway from street intersections: 50 feet
between ends or returns of the driveway and the returns of the intersection
as measured along the curb line of the street.
5. Minimum distance between end of the driveway return and side lot line
in all districts except R-1 and R-2: 10 feet.
6. A permit must be obtained for curb cuts pursuant to Section 1205 of this
Code.
850-54 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.09
850.09 Loading Facilities.
Subd. 1 Definition. A loading facility means and includes the dock to or from which
the transport vehicle is being loaded or unloaded, the berth for the vehicle while it is being
loaded or unloaded and the areas needed to maneuver the vehicle into or out of the berth.
Subd. 2 Location. Off-street loading facilities shall be easily accessible from
streets with a minimum of interference with other vehicle and pedestrian traffic. No
loading berths shall be located on the side of a building which faces a residential
district.
Subd. 3 Setbacks. No loading facility shall be located within the required front street
or side street setback for the principal building or within ten feet of an interior side lot line
or a rear lot line.
Subd. 4 Design.
A. Size
1. Large Berth: Length 55 feet
Width 14 feet
Height 15 feet
2. Small Berth:. Length 25 feet
Width 12 feet
Height 15 feet
B. Docks. All docks shall be located within the perimeter of the principal or
accessory building and shall be completely enclosed except for the opening needed
for access to a vehicle during the time it is standing in the berth.
C. Construction. All loading berths shall comply with the standards for the
construction of parking areas as specified in this Section.
Subd. 5 Minimum Number of Loading Berths Required.
A. Planned Industrial District (Except Office Buildings). One large berth per
50,000 square feet of gross floor area or major fraction.
B. All Office Buildings, Mixed Development District (Office Space Only) and
Regional Medical District.
Gross Floor Area (GFA) Number of Berths
0 - 20,000 sq. ft 0 berths
20,001 - 100,000 sq. ft. 1 small berth
Over 100,000 sq. ft. 1 small berth and 1 large berth plus 1
additional berth for each 100,000 square
850-55 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.10
feet GFA or major fraction thereof, over
the original 100,000 square feet GFA
I
C. Planned Commercial District (Except Office Buildings).
Gross Floor Area (GFA) Number of Berths !,
0 - 5,000 sq. ft 0 berths
5,001 - 20,000 sq. ft. 1 small berth
20,001 - 100,000 sq. ft. 1 small berth and 1 large berth
Over 100,000 sq. ft. 1 small berth 50,000 square feet GFA or
major fraction thereof, over the original
100,000 square feet GFA
850.10 Landscaping and Screening.
Subd. 1 Landscaping.
A. Application of Requirements. All properties shall comply with the requirements
of this Section except for single dwelling unit or double dwelling unit lots, public
parks, playgrounds and athletic facilities, and public and private golf courses,
except that club houses, parking areas and other structures accessory to the golf
courses shall comply.
B. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual acceptable to the Planner.
Landscape plans shall be drawn to a scale of not smaller than one inch equals 30
feet and shall include the following information:
1. Boundary lines of the property with accurate dimensions.
2. Locations of existing and proposed buildings, parking lots, roads and
other improvements.
3. Proposed grading plan with two foot contour intervals.
4. Location, approximate size and common name of existing trees and
shrubs.
5. Planting schedule containing (i) symbols; (ii) quantities; (iii) common
names and botanical names; (iv) size of plant materials, (v) root condition,
and (vi) special planting instructions.
6. Planting details illustrating proposed locations of all new plant material.
7. Locations and details of other landscape features including berms,
fences and planter boxes.
850-56 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.10
8. Details of restoration of disturbed areas including areas to be sodded or
seeded.
9. Location and details of irrigation systems.
10.Details and cross sections of all required screening.
C. Minimum Requirements. All open areas of a lot which are not used and
improved for required parking areas, drives or storage shall be landscaped with a
combination of overstory trees, understory trees, shrubs, flowers and ground cover
materials.
1. Minimum Number of Overstory Trees. The number of overstory trees
on the lot or tract shall be not less than the perimeter of the lot or tract as
measured in feet divided by 40.
2. Understory Trees and Shrubs. In addition to the required number of
overstory trees, a full complement of understory trees and shrubs shall be
provided to complete a quality landscape treatment of the site.
3. Minimum Size and Root Condition of Required Overstory Trees.
Minimum Amount of Required Trees
Building Height-Front
Tree Type Deciduous Coniferous Less than 24' 24' or Greater
Ornamental 2" or less 5' or less 5% 5%
Complimentary 21/2 " or greater 6' or greater 60% 25%
Accent 31/z " or greater 8 ` or greater 20% 25%
Primary 41/2" or greater 10' or greater 10% 20%
Full 51/2" or greater 12' or greater 5% 20%
Calculations to determine minimum number of trees are always rounded up.
Tree size, as to deciduous, is the diameter of the tree measured 6 inches above
the ground. Tree size, as to coniferous, is measured in height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species which are
classified as overstory trees by the American Nurseryman's
Association. Trees which are considered as half trees, shrubs,
understory trees or ornamental trees shall not be included in the count
of required overstory trees;
b. not more than 50 percent of the required number of overstory trees
shall be composed of one species;
c. no required overstory trees shall include (i) all species of the genus
Ulmus (elm); (ii) box elder; (iii) all species of the genus Populous
850-57 Supplement 2002-2
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City of Edina Land Use,Platting and Zoning 850.10
(poplar), or (iv) ginkgo - female only; and
d. all plant materials shall be indigenous to the hardiness zone of the
area in which the City is located.
I
5. Credit for Existing Trees. The total number of required new overstory
trees may be offset by the retention of existing overstory trees on the lot
provided that the trees satisfy the requirements of this Subdivision 850.10
as to size and species. The Planner shall determine the amount of the credit
for existing trees based upon their location and distribution on the lot.
6. Ground Cover. All unimproved portions of the lot or tract shall be
sodded. Provided, however:
a. areas reserved for future approved building expansions may be
seeded;
b. undisturbed areas containing existing viable natural vegetation
which can be maintained free of weeds may be left undisturbed; and
c. slopes steeper than 3:1 may be seeded.
D. Landscaping Inspection Fee. A landscaping inspection fee in the amount set out
in Section 185 of this Code shall be paid to the City at the time a building or other
permit is issued for work to be done on the same property as the landscaping work,
and as a condition to the issuance of the permit.
Subd. 2 Screening.
A. Screening Required. The following uses shall be screened in accordance with
the requirements of this Subdivision 850.10:
1. Non-residential principal buildings or structures, and any building or
structure accessory thereto, shall be screened from lots in the R-1 District
which are used for single dwelling unit buildings and which are located
within 200 feet of the non-residential use. The distance shall be the shortest
distance between the non-residential building or structure to be screened and
the nearest lot line of the R-1 District lot, but shall not extend across a
street;
2. Principal buildings or structures, or any building or structure accessory
thereto, located in the Planned Industrial District or Planned Commercial
District shall be screened from lots used for any residential purpose which
are located within 200 feet. The distance shall be the shortest distance
between the PID or PCD building or structure to be screened and the
nearest lot line of the residential lot, but shall not extend across a street;
3. Off-street parking facilities containing six or more spaces and all
loading facilities shall be screened from streets located within 50 feet, and
from lots which are used for any residential purpose which are located
850-58 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.10
within 50 feet. Said distance shall be the shortest distance between the
parking facility or loading facility and the nearest part of the street or the
nearest lot line of the residential lot;
4. Trash storage facilities including recycling storage facilities shall be
screened from all lot lines and public road rights-of-way; and
5. All mechanical equipment accessory to any building, except single
dwelling unit and double dwelling unit buildings, shall be screened from all
lot lines and streets.
B. Responsibility. The owner of the principal or accessory building or structure to
be screened shall install and maintain all screening required without cost to the
City.
C. Materials. Required screening may be achieved with fences, walls, earth
berms, hedges and other landscape materials. All walls and fences shall be
architecturally harmonious with the principal building. Earth berms shall not be
steeper than 3:1. All materials, including landscaping, shall have a minimum
opacity of 90 percent year round.
D. Location. All required screening shall be located on the lot occupied by the use,
building, facility or structure to be screened. No screening shall be located upon
any public road right-of-way, or within 20 feet of the traveled portion of a street.
E. Height. The minimum height for screening required by this Section is as
follows:
1. Screening required by subparagraphs 1 and 2 of paragraph A. of Subd.
2 of Subsection 850.10: ten feet above property line;
2. Screening required by subparagraph 3 of paragraph A. of Subd. 2 of
Subsection 850.10: four feet above level of parking lot and ten feet above
level of loading facility; and
3. Screening required by subparagraphs 4 and 5 of paragraph A. of Subd.
2 of Subsection 850.10: high enough to completely screen from property
lines, but not less than five feet or greater than ten feet in height.
Subd. 3 Maintenance.
A. Responsibility. The owner of the lot upon which the required landscaping or
screening is located shall maintain all materials in a sightly and healthy growing
condition without cost to the City.
B. Security. Security shall be filed with the Planner in accordance with Section
405 of this Code to guarantee the installation and vigorous growing condition of all
landscape elements and required screening. The security shall remain in effect for
two full growing seasons. Lots provided with an irrigation system covering 100
percent of the area improved with landscaping need provide security for only one
850-59 Supplement 2002-2
II
City of Edina Land Use,Platting and Zoning 850.11 l
growing season. The growing season guarantee period for plant material installed
after June 1 shall begin the following year.
I
850.11 Single Dwelling Unit District (R-1).
Subd. 1 Principal Uses.
I
A. Buildings containing not more than one dwelling unit.
B. Publicly owned parks, playgrounds and athletic facilities.
C. Publicly and privately owned golf courses, but not including driving ranges or
miniature golf courses as a principal use.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels and temples.
B. Elementary schools, junior high schools and senior high schools having a
regular course of study accredited by the Minnesota Department of Education,
preschools and community centers.
C. Publicly owned and operated civic and cultural institutions including, but not
limited to, administrative offices, libraries, public safety buildings and places of
assembly.
D. Golf course club houses.
E. Parking facilities and other uses which are accessory to conditional uses
including, but not limited to, seminaries, private schools, monasteries and
nunneries, but excluding preschools, nurseries and day care permitted by paragraph
C. of Subd. 3 of this Subsection 850.11.
F. Temporary Conditional Uses allowed pursuant to Subd. 5 of Subsection
850.04.
G. Day care facilities, pre-schools and nursery schools.
Subd. 3 Accessory Uses.
A. The following accessory uses are permitted on the same lot as a single dwelling
unit building:
1. Accessory garages.
2. Greenhouses, garden houses, decks, patios and gazebos.
3. Tool houses and sheds for the storage of domestic supplies.
4. Private swimming pools, tennis courts and other recreational facilities
850-60 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.11
for use only by residents of the principal use and their guests.
5. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and
clotheslines.
6. Customary home occupations.
7. Day care facilities, licensed by the State, located within the single
dwelling unit building.
8. Temporary retail sales of evergreen products from Conditional Use
properties pursuant to a permit issued in accordance with this Subsection
850.11
A. Uses and facilities accessory to and on the same lot as a golf course, including
maintenance buildings, golf driving ranges, swimming pools, tennis courts and
other related recreational facilities.
B. Preschools, nurseries and day care within elementary, junior high and senior
high schools and religious institutions.
C. Rooms for residential occupancy by persons employed by religious institutions
or golf courses.
Subd. 4 Interim Uses of Elementary, Junior and Senior High School Buildings
Owned by Independent School District No. 273.
A. Purpose and Intent. The Council recognizes that several public elementary,
junior high and senior high school buildings owned by Independent School District
No. 273 (the "School District") have been, or will be, wholly or partly closed for
public education purposes due to the decreasing school age population of the
School District. It further recognizes that many such buildings will be retained in
School District ownership in order that they may be reused for public education
purposes in the future if the School District's school-age population increases.
Therefore, the Council has determined that the school buildings should be allowed
to be temporarily occupied by appropriate uses during this interim period in order
to preserve a substantial public investment, to prevent the deterioration of such
public properties thereby adversely impacting surrounding private properties, to
prevent an undue financial burden upon the School District, and to promote the
general health, safety and welfare of the residents of the City. However, it is not
the purpose and intent of this Section to allow the permanent reuse of such public
school buildings for the interim uses permitted or allowed by this Section.
B. Permitted Interim Uses.
1. Schools for teaching music, dance, arts or business vocations which do
not require a conditional use permit pursuant to paragraph D. of Subd. 4 of
this Subsection 850.11; and
2. Administrative offices and meeting rooms (excluding lodge halls) for
850-61 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.11
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I
private non-profit organizations, and counseling services, which, together
with the other such offices and meeting rooms in the same public school
building do not occupy, in the aggregate, in excess of the minimum
percentage of gross floor area set out in subparagraph La. of paragraph D.
of Subd. 4. of this Subsection 850.11, and if such offices and meeting
rooms do not require a conditional use permit pursuant to subparagraph Lb.
of paragraph D. of Subd. 4. of this Subsection.
I
C. Termination of All Interim Uses. If all or any part of any public school
I
building, or the land upon which it is located, is disposed of or transferred to
private ownership by deed, contract for deed, lease for more than three years or by
other means, all interim uses shall cease and the building and land shall then be
used for only principal uses, and accessory uses permitted in the zoning district in
which the land is situated, or allowed conditional uses pursuant to the grant of a
conditional use permit.
D. Conditional Interim Uses.
1. Only the following interim uses are allowed subject to the grant of a
conditional use permit:
a. administrative offices and meeting rooms for private non-profit
organizations, and counseling services, which, together with the other
such offices and meeting rooms in the same public school building
will, in the aggregate, occupy 35 percent or more of the gross floor
area of the building; and
b. administrative offices and meeting rooms for private non-profit
organizations, and counseling services and schools for teaching music,
arts, dance or business vocations which are open for operations
between 6:00 P.M. and 7:00 A.M. on three or more days per week.
2. No conditional use permit shall be issued unless the Council finds that
the hours of operation of the proposed use(s) will be complementary to
other uses in the building or on the property and will not adversely impact
the residential character of surrounding properties.
Subd. 5 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area.
1. Single Dwelling Unit 9,000 square feet provided however, if the
lot is in a neighborhood as defined in
Section 810 of this Code, which has lots
with a median lot area greater than 9,000
square feet, then the minimum lot area
shall be not less than the median lot area of
the lots in such neighborhood.
2. Elementary School 5 acres
3. Junior high schools, 10 acres, plus 1 acre for each 150 pupils of
850-62 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.11
senior high schools, planned maximum enrollment.
seminaries, 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.
3. The combined total area occupied by all accessory buildings and
structures, excluding attached garages, shall not exceed 1,000 square feet
850-63 Supplement 2002-2
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City of Edina Land Use,Platting and Zoning 850.11
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).
i
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 with
the rear yard, including the
eaves.
i'
b. attached garages, tool 30' 15' 5 25'
sheds, greenhouses and r�
garden houses. V
c. detached garages, tool -- 15' 00
sheds, greenhouses and
garden houses not entirely
within the yard
d. unenclosed decks and 30' 15' 5' 5'
patios
e. swimming pools, 30' 15' 10' 10'
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
accessory uses including
appurtenant fencing and
lighting
850-64 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.11
g. all other necessary 30' 15' S' S'
buildings and structures
4. Other Uses:
a. All conditional use 50' 50' 50' 50'
buildings or structures
including accessory thereto
except parking lots, day car
facilities, pre-schools and
nursery schools
b. Driving ranges, tennis 50' 50' 50' 50'
courts, maintenance
buildings and swimming
pools accessory to a golf
course.
c. Day care facilities, 30' 35' 35' 35'
pre-schools and nursery
schools.
C. Height
1. Single dwelling units 2 1/2 stories or 30 feet
buildings and structures whichever is less
accessory thereto.
2. Buildings and structures 1 1/2 stories or 18 feet
accessory to single whichever is less
dwelling unit buildings,
but not attached thereto.
3. All other buildings and 3 stories or 40 feet
structures whichever is less
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the
frontage on one side of a street between intersections is occupied by
buildings having front street setbacks of more or less than 30 feet, the
average setback of such existing buildings shall be maintained by all new or
relocated buildings or structures or additions thereto on the same side of
that street and between said intersections. If a building or structure or
addition thereto is to be built or located where there is an established
average setback and there are existing buildings on only one side of the
built or relocated building or structure or addition thereto, the front street
setback of said new or relocated building or structure or addition thereto
850-65 Supplement 2002-2
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City of Edina Land Use,Platting and Zoning 850.11
II
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need be no greater than that of the nearest adjoining principal building. If a
building or structure or addition thereto is to be built or relocated where
there is an established average setback, and there are existing buildings on
both sides of the new or relocated building or structure or addition thereto,
the front setback need be no greater than that which would be established by
connecting a line parallel with the front lot line connecting the most forward
portion of the adjacent principal building on each side.
2. Side Street Setback. The required side street setback shall be increased
to that required for a front street setback where there is an adjoining interior
lot facing on the same street. The required side street setback for a garage
shall be increased to 20 feet if the garage opening faces the side street.
3. Interior Side Yard Setback. The required interior side yard setback shall
be increased by 6 inches for each foot the building height exceeds 15 feet.
For purposes of this subparagraph, building height shall be the height of
that side of the building adjoining the side lot line and shall be measured
from the average proposed elevation of the ground along and on the side of
the building adjoining the side lot line to the top of the cornice of a flat
roof, to the deck line of a Mansard roof, to a point on the roof directly
above the highest wall of a shed roof, to the uppermost point on a round or
other arch-type roof, to the average distance of the highest gable on a
pitched roof, or to the top of a cornice of a hip roof.
4. Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet
in length or if the lot forms a point at the rear and there is no rear lot line,
then for setback purposes the rear lot line shall be deemed to be a straight
line segment within the lot not less than 30 feet in length, perpendicular to a
line drawn from the midpoint of the front lot line to the junction of the
interior lot lines, and at the maximum distance from the front lot line.
5. Rear Yard Setback - Comer Lots Required to Maintain Two Front
Street Setbacks. The owner of a comer lot required to maintain two front
street setbacks may designate any interior lot line measuring 30 feet or more
in length as the rear lot line for setback purposes. In the alternative, the
owner of a comer lot required to maintain two front street setbacks may
deem the rear lot line to be a straight line segment within the lot not less
than 30 feet in length, perpendicular to a line drawn from the junction of
the street frontages to the junction of the interior lot lines, the line segment
being the maximum distance from the junction of the street frontages.
6. Through Lots. For a through lot, the required setback for all buildings
and structures from the street upon which the single dwelling unit building
does not front shall be not less than 25 feet.
7. Accessory Buildings and Structures Used for Dwelling Purposes.
Subject to the requirements of paragraph B. of Subd. 7 of this Subsection
850.11, if any accessory building or structure (including, without
limitation, garages), or if any addition to or expansion of (including,
without limitation, an additional story on) an accessory building or structure
850-66 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.12
(including, without limitation, garages), is used or intended for use, in
whole or in part, for residential occupancy, then such accessory building or
structure or such addition or expansion, shall comply with all of the
minimum setback requirements for a single dwelling unit building.
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling
unit shall be erected, placed or used on any lot unless the lot is subdivided into two
or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 150 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet in
width as measured from the exterior of the exterior walls.
F. Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1
District.
G. Temporary retail sales of evergreen products from Conditional Use properties
1. The Manager may grant a permit for temporary retail sales of evergreen
products, if:
a. the owner of the property or other non-profit group approved by the
owner conducts the sale.
b. the duration of the sale does not exceed 45 consecutive days and does not
start before November 15 in any year.
c. the sale area is located in a suitable off-street location that does not
interfere with traffic circulation on the site or obstruct parking spaces needed
by the principal use on the site.
d. the sale area is not located within 200 feet of a property zoned and used
for residential occupancy.
e. the hours of operation do not extend beyond 10:00 p.m.
f. signage is limited to one sign per street frontage with an aggregate sign
area not exceeding 100 square feet.
850.12 Double Dwelling Unit District (R-2).
Subd. 1 Principal Uses. Buildings containing two dwelling units.
850-67 Supplement 2002-2
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City of Edina Land Use,Platting and Zoning 850.12
Subd. 2 Accessory uses. l
A. Accessory garages.
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B. Greenhouses, garden houses, decks, patios and gazebos.
C. Tool houses and sheds for storage of domestic supplies.
D. Private swimming pools, tennis courts and other recreational facilities for use
only by residents of the principal use and their guests.
E. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and clotheslines.
F. Customary home occupations.
Subd. 3 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area (per double dwelling 15,000 sq. ft.
unit building
B. Minimum Lot Width 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage 25%
B. Setbacks (subject to the provisions of
paragraph D. of Subd. 5 of this Subsection
850.12
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory
buildings and structures shall be the same as those required by this
Section for building and structures accessory to single dwelling unit
buildings in the R-1 District.
C. Height: 21/2 stories or 30 feet, whichever is less.
Subd. 5 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Application of Requirements. Requirements for lot area and dimensions,
building coverage, setbacks and height shall be applied to the entire double
dwelling unit building and the entire lot, and shall ignore any subdivision of
building and lot which has been or may be made in order to convey each dwelling
unit separately.
850-68 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.13
B. Sewer and Water Connections. Each dwelling unit must be separately and
independently connected to public sanitary sewer and water mains.
C. Subdivided R-2 Lots. A double dwelling unit building and lot may be
subdivided pursuant to Section 810 of this Code along the common parry walls
between the dwelling units, provided that:
1. A building permit has been issued and the building foundation is in
place;
2. Each parcel resulting from the subdivision must have frontage on a
public street of not less than 25 feet;
3. The parcels resulting from the subdivision shall each comprise
approximately the same number of square feet, and no an individual parcel
shall be less than 5,000 square feet; and
4. A rear yard not less than 25 feet in depth must be provided for each
dwelling unit.
If the above conditions cannot be met, the lot may be subdivided by means of a
townhouse plat.
D. Special Setback Requirements for Double Dwelling Unit Buildings. Double
dwelling unit buildings shall comply with the special requirements for single
dwelling unit building setbacks, as provided in paragraph A. of Subd. 7 of
Subsection 850.11.
E. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 200 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
F. Basements. All double dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for the purposes of this paragraph.
G. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a double dwelling unit building shall measure less than eighteen feet
in width, as measured from the exterior of the exterior walls.
850.13 Planned Residence District (PRD, PSR).
Subd. 1 Subdistricts. The Planned Resident District shall be divided into the following
subdistricts:
Planned Resident District - 1 (PRD-1)
Planned Resident District - 2 (PRD-2)
Planned Resident District - 3 (PRD-3)
850-69 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.13
Planned Resident District - 4 (PRD-4)
Planned Resident District - 5 (PRD-5)
Planned Senior Residence - 3 (PSR-3)
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Planned Senior Residence - 4 (PSR-4)
Subd. 2 Principal Uses.
A. PRD-1. Single dwelling unit buildings, double dwelling unit buildings and
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residential townhouses.
B. PRD-2. Residential buildings containing six or fewer dwelling units.
C. PRD-3 and PRD-4. All residential buildings. Also day care facilities licensed
by the State.
D. PRD-5. Rest homes, convalescent homes and nursing homes.
E. PSR-3 and PSR-4. Buildings containing four or more dwelling units, all but one
of which are senior citizen dwelling units.
Subd. 3 Accessory Uses.
A. PRD-1. All accessory uses allowed in the R-1 District.
B. All Other Subdistricts. All accessory uses allowed in the R-2 District.
C. PRD-4, PRD-5 and PSR-4. Shops, restaurants and other services primarily
intended for the use and convenience of residents of the principal use, provided
that such accessory uses are accessible only from the interior of the principal
building, are located only on the ground floor of the principal building, and
have no signs or display visible from the outside of the principal building. Not
more than ten percent of the gross floor area of a principal building shall be
devoted to these accessory uses.
Subd. 4 Density.
A. Required Lot Area. The area of the tract shall not be less than the sum of the
required lot area for each dwelling unit adjusted by the allowances permitted or
imposed by this paragraph:
Lot Area Per Maximum Allowance
Dwelling Unit Per Dwelling Unit
PRD - 1 10,500 Sq. ft. 0 sq. ft.
PRD - 3 7,300 Sq. ft. 0 sq. ft.
PRD - 3 4,400 sq. ft. 1,500 sq. ft.
PRD - 4 2,900 sq. ft. 1,500 sq. ft.
850-70 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.13
PRD - 5
PSR- 3 3,500 sq. ft. 1,500 sq. ft.
PSR - 4 2,500 sq. ft. 1,500 sq. ft
*The principal building in subdistrict PRD-5 shall not exceed an FAR of 1.2.
B. Schedule of Allowances.
1. PRD-3
a. subtract 500 square feet for each parking space within or under the
principal building or otherwise completely underground. (No more
than 1.5 spaces per dwelling unit shall be counted).
b. subtract 500 square feet for each dwelling unit if all principal
buildings conform to all specifications of Type I or II construction as
defined in the State Building Code as adopted by Section 410 of this
Code.
c. subtract 250 square feet for each dwelling unit if at least a 500 foot
spacing is maintained between each principal and accessory building
and the nearest lot line of a lot in the R-1 District used for residential
purposes.
d. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
e. subtract 250 square feet for each dwelling unit if the tract is within
2,000 feet of an accessible freeway interchange (nearest lot line to
center of interchange).
2. PRD-4
a. all allowances permitted by paragraph B.1 of this Subd. 4 for
PRD-3.
b. subtract 250 square feet for each dwelling unit if the tract is three
acres or more in area.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than ten percent.
3. PSR-3 and PSR-4
a. all allowances permitted by paragraph B.2 of this Subd. 4 for
PRD-4.
b. subtract 1,000 square feet for each senior citizen dwelling unit.
Subd. 5 Requirements for Building Coverage, Setbacks, Height.
850-71 Supplement 2002-2
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City of Edina Land Use, Platting and Zoning 850.13
A. Maximum Building Coverage and FAR.
Maximum FAR
Building
Coverage
PRD - 1 25% --
PRD -2 25% --
PRD - 3 30%
PRD - 4 30% --
PRD - 5 35% 1.2
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PSR - 3 30% -- it
PSR - 4 35% 1.2
B. Setbacks.
1. Setbacks shall be measured from the boundary of the tract. The
required setbacks shall be increased to equal the building height for
those buildings whose height exceeds the minimum setbacks
required.
a. minimum setbacks are as follows:
Interior
Front Side Side Rear
Street Street Yard Yard
PRD - 1 30' 30' 20' 25'
PRD - 2 30' 30' 20' 35'
PRD - 3 35' 35' 20' 35'
PRD - 4, 5 35' 35' 35' 35'
PSR - 3,4 35' 35' 20' 35'
Accessory Buildings Same as 10' 10'
principal
building
C. Maximum Building Height.
PRD - 1, 2 21/z stories or 30 feet, whichever is less
PRD - 3 3 stories or 40 feet, whichever is less
850-72 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.13
PRD - 4, 5 No maximum; height is determined by required
setbacks.
PSR - 3 3 stories or 40 feet, whichever is less.
PSR - 4 No maximum; height is determined by required
setbacks.
Subd. 6 Usable Lot Area. Usable lot area not less than the amount specified below
shall be provided on the tract. This space must be easily accessible by residents of the
principal building. The front yard and side yard established by the required front street or
side street setback and areas occupied by driveways, parking areas and buildings shall not
be included as usable lot area. Areas within the tract and dedicated by the tract owner to
the general public shall be included in usable lot area computations.
Per Dwelling Unit
PRD - 1 2,000 sq. ft.
PRD - 2 1,500 sq. ft.
PRD - 3, 4 400 sq. ft.
PSR- 3 200 sq. ft.
PSR -4 100 sq. ft.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area - PRD-1. 10 acres
B. Minimum Floor Area per Dwelling Unit.
PSR PRD (except
PRD-5)
Efficiency -- 500 sq. ft.
One Bedroom 500 minimum sq. ft. 750 sq. ft.
700 maximum sq. ft.
Two Bedroom 750 minimum sq. ft. 950 sq. ft.
850 maximum sq. ft.
Additional Bedrooms -- 150 sq. ft.
For purposes hereof, floor area shall be the area within, and measured from, the
inside of exterior walls and from the center of interior walls bounding the dwelling
unit, but shall not include furnace rooms, utility rooms, storage areas not within
the dwelling unit, garages or any common areas which are used by residents of two
or more dwelling units, including stairways, entries, foyers, balconies and porches.
850-73 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.14
C. Efficiency Dwelling Units. Efficiency dwelling units shall be permitted only in
subdistricts PRD-3 and PRD-4. Not more than ten percent of the dwelling units per
building shall be efficiency dwelling units.
D. Maximum Number of Townhouses Per Building. Not more than eight
townhouses per building shall be allowed.
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E. Sewer and Water Connections for Townhouses. Each townhouse shall be
separately and independently connected to public sanitary sewer mains and water
mains.
F. Accessory Buildings. The exterior of accessory buildings shall be constructed
of the same material as the principal building.
G. Community Facilities in PSR-3 and PSR-4. Principal buildings in subdistricts
PSR-3 and PSR-4 shall provide recreational, service and meeting facilities for the
use and enjoyment of residents and guests. Such facilities shall comprise not less
than 1,250 square feet, or 15 square feet of floor area per senior citizen dwelling
unit, measured as provided for in paragraph B. of Subd. 7 of this Subsection
850.13, whichever is greater. Such facilities shall be indoor space and shall be
conditioned for year round occupancy. Outdoor areas, laundry facilities, storage
areas, mechanical rooms, hallways, foyers, offices or circulation space shall not be
included to satisfy this requirement.
H. Proximity to R-1 District (PRD-4, PRD-5, and PSR-4). The following
minimum distance shall be provided between the closest point of the principal
building in the PRD-4, PRD-5 and PSR-4 subdistricts and the nearest lot line of an
R-1 District used for residential purposes. This requirement shall only apply to
principal buildings four stories or more in height. The minimum distance to an R-1
District need not exceed 680 feet for buildings more than 100 feet in height.
Minimum Distance in Feet = 10(h-40) + 80
h = building height
850.14 Mixed Development District (MDD).
Subd. 1 Subdistricts. The Mixed Development District shall be divided into the
following subdistricts:
Mixed Development District - 3 (MDD-3)
Mixed Development District - 4 (MDD-4)
Mixed Development District - 5 (MDD-5)
Mixed Development District - 6 (MDD-6)
Subd. 2 Principal Uses.
A. MDD-3, MDD-4, and MDD-5:
850-74 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.14
1. Buildings containing not fewer than ten dwelling units or senior citizen
dwelling units.
2. Publicly-owned or operated civic or cultural institutions.
3. Publicly-owned park and recreational facilities.
4. Offices, including business and professional offices, medical and dental
offices, post offices, travel agencies and travel bureaus.
5. Financial institutions excluding pawn shops.
6. Publicly-owned parking facilities.
7. Day care.
8. Suites Hotels.
B. MDD-6:
1. All principal uses in the MDD-3, MDD-4, and MDD-5 subdistricts.
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory shops.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
3. Health and athletic clubs.
4. Department stores or shopping centers exceeding 40,000 square feet.
Subd. 3 Accessory Uses.
A. Recreational facilities solely for the use and enjoyment of residents of a
residential principal use and their guests.
B. Customary home occupations.
C. Mass transit passenger waiting and pick-up facilities.
Subd. 4 Conditional Uses.
A. MDD-3, MDD-4, and MDD-5.
1. Privately owned recreational facilities other than those permitted in
paragraph A. of Subd. 3 of this Subsection 850.14.
2. Drive-through facilities.
850-75 Supplement 2002-2
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City of Edina Land Use,Platting and Zoning 850.14
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3. All principal uses allowed in the PCD-1 and PCD-2 subdistricts, except:
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a. animal hospitals and kennels.
b. automotive accessory stores.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
B. MDD-6. Commercial uses in residential buildings.
Subd. 5 Density.
A. Allowed Number of Dwelling Units.
1. Required Lot Area. The area of the tract shall not be less than the sum of
the required lot area for each dwelling unit thereon, less the allowances
permitted or imposed by this paragraph.
Required Lot Area Per Maximum Allowance Per
Dwelling Unit Dwelling Unit
MDD-3 4,400 sq. ft. 1,000 sq. feet
MDD-4 3,600 sq. ft. 1,000 sq. feet
MDD-5 3,300 sq. ft. 1,500 sq. feet
MDD-6 3,300 sq. ft. 1,500 sq. feet
2. Schedule of Allowances.
a. subtract 500 feet for each required residential parking space within
or under the principal building or otherwise completely underground.
b. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than 20 percent. (Buildings devoted to public or
private park, or an accessory recreational facility, shall be excluded
from building coverage for purposes of this allowance).
d. subtract 400 square feet for each dwelling unit if the Mixed
Development District includes a publicly owned park that is developed
or programmed to be developed with recreational facilities or other
facilities for the use and enjoyment of the general public.
e. subtract 600 square feet for each dwelling unit reserved for sale or
rent to persons of low and moderate income, as defined by, and
pursuant to an agreement approved by, the Housing and
850-76 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.14
Redevelopment Authority of Edina, Minnesota.
B. Allowed Non-Residential Floor Area. The gross floor area of all non-residential
uses, exclusive of publicly owned or operated civic, cultural and recreational
facilities, transit facilities and uses accessory to residential principal uses, shall not
exceed:
1. MDD-3, MDD-4 and MDD-5: 800 square feet of non-residential gross
floor area per dwelling unit shown on the approved Overall Development
Plan.
2. MDD-6 subdistrict: 1750 square feet of non-residential gross floor area
per dwelling unit shown on the approved Overall Development Plan.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 30 percent of the tract. Publicly owned buildings
or structures shall be excluded from building coverage computations.
B. Maximum Floor Area Ratio. Non-residential uses shall not exceed a FAR of
0.5. Non-residential uses and residential uses in the aggregate shall not exceed an
FAR of 1.0. Tract area shall include all area in the approved Overall Development
Plan, exclusive of public street rights-of-way. Publicly owned buildings or
structures shall be excluded from FAR computations.
C. Setbacks. Setbacks shall be measured from the boundary of the tract or from
public street right-of-way.
Interior
Front Side Side Rear
Street Street Yard Yard
MDD-3 35' 35' 20' 35'
MDD-4 35' 35' 35' 35'
MDD-5 50' 50' 50' 50'
MDD-6 35' 35' 20' 35'
The minimum building setback shall be increased by 1/2 foot for each foot the building
height exceeds the minimum required setback, provided, however, the required interior
side yard setback shall not be less than 35 feet if the boundary of the tract adjoins land
zoned and used for residential purposes.
D. Maximum Building Height.
850-77 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.14
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MDD-3 3 stories or 40 ft. whichever is less
MDD-4 4 stories or 50 ft. whichever is less
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MDD-5 No maximum, height determined by required
setbacks
MDD-6 No maximum, height determined by required
setbacks
Subd. 7 Usable Lot Area. Usable lot area not less than the amount specified below shall be
provided on the tract. Publicly owned or operated civic, cultural or recreational facilities
located on the tract may be counted as usable lot area. The front yard and side yard
established by the required front street or side street setback and areas occupied by
driveways, parking areas and garages shall not be counted as usable lot area.
Per Dwelling Unit
MDD-3 400 sq. ft.
MDD-4 400 sq. ft.
MDD-5 200 sq. ft.
MDD-6 200 sq. ft.
Subd. 8 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area. The minimum tract area for subdistrict MDD-5 shall be
five acres. The minimum tract area for subdistrict MDD-6 shall be 50 acres.
B. Ownership or Control. The tract proposed for transfer to the Mixed
Development District shall be under common ownership and shall be planned and
developed as an integral unit.
C. Proposed Development Schedule. The Final Development Plan required by
Subsection 850.04 shall include a proposed schedule of construction of the major
components of the development as such major components are determined by the
Planner. The proposed schedule as approved by the Council shall become part of
the Final Development Plan. No more than 50 percent of the permitted gross floor
area of non-residential uses on the tract shall be constructed until a building permit
has been issued for, and construction begun on, at least 25 percent of the permitted
dwelling units.
D. Conditional Uses. Conditional uses shall:
1. Be contained within the same building as a principal use, except for
drive-through facilities.
2. Provide goods and services beneficial to the needs of the occupants and
residents of the principal uses and surrounding properties.
850-78 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.15
3. Have enclosed pedestrian access to the principal use.
E. Skyway Setbacks. In cases where pedestrian connections are made across and
above a street, the required setback for such connections may be reduced to zero
feet for a width of 120 feet.
F. Special Requirements for Retail Uses. Retail uses shall comply with the special
requirements provided by paragraphs, D, E, F, G, H, I, J, and K of Subd. 11 of
Subsection 850.16 of this Code.
850.15 Planned Office District (POD).
Subd. 1 Subdistricts. The Planned Office District shall be divided into the following
subdistricts:
Planned Office District - 1 (POD-1)
Planned Office District - 2 (POD-2)
Subd. 2 Principal Uses.
A. Business and professional offices.
B. Financial institutions including drive-through facilities, but excluding pawn
shops.
C. Post offices.
D. Clubs, lodge halls and non-profit organizations, excluding those providing food
or beverage services in the building or on the lot.
E. Facilities for athletic, health or weight control purposes, including, but not
limited to, handball, racquetball, tennis, reducing salons and aerobic dance studios,
provided that no seating or other facilities shall be allowed for spectator usage.
F. Medical and dental offices and clinics.
G. Employment agencies.
H. Travel bureaus.
I. Day care.
J. Public or private colleges, universities or schools.
Subd. 3 Conditional Uses.
A. Funeral Homes and Mortuaries
Subd. 4 Accessory Uses.
A. Off-street parking facilities.
B. In buildings having a gross floor area of 40,000 square feet or more, ten
850-79 Supplement 2002-2
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City of Edina Land Use, Platting and Zoning 850.15
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percent of the gross floor area may be occupied by retail uses allowed in the
PCD-1 District and PCD-2 District, provided that the accessory uses are accessible
only from the interior of the principal building and have no signs or displays
relative thereto visible from the outside of the principal building.
Subd. 5 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage: 30 percent of the tract.
B. Maximum Floor Area Ratio: 0.5 of the tract.
C. Setbacks - shall be measured from the boundary of the tract:
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
D. Maximum Building Height.
POD-1 4 stories or 50 feet whichever is less
POD-2 no maximum; height is determined by required setbacks
Subd. 6 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Increased Setbacks. The front street or side street setback shall be increased to
not less than 50 feet when the principal use is located across the street from an R-1
District used for residential purposes. When the Planned Office District is an
integral part of either a Planned Industrial .District or a Planned Commercial
District, the front street setback and the side street setback shall be not less than
those prescribed for the major district.
B. Proximity to R-1 District. The following minimum distance shall be provided
between the closest point of the office building closest to an R-1 District and the
nearest lot line of an R-1 District used for residential purposes.
Office Building Height Distance to R-1 District
5-6 stories Twice the building height of the office
building.
7 - 8 stories Four times the building height of the
office building.
9 or more stories Six time the building height of the
office building
850-80 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.16
C. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Office District shall
meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction if
the panel materials are any of those noted above; or
e. glass or pre-finished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
850.16 Planned Commercial District (PCD).
Subd. 1 Subdistricts. The Planned Commercial District shall be divided into the
following subdistricts:
Planned Commercial District - 1 (PCD-1)
Planned Commercial District - 2 (PCD-2)
Planned Commercial District - 3 (PCD-3)
Planned Commercial District - 4 (PCD-4)
Subd. 2 Principal Uses in PCD-1.
Antique shops.
Art galleries.
Art studios.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of 2,500 square feet.
Barber shops.
850-81 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.16
Beauty parlors.
Bicycle stores, including rental, repair and sales.
Book and stationery stores.
Camera and photographic supply stores.
Candy and ice cream stores.
Clothes pressing and tailoring shops.
Clothing stores not exceeding 2,500 square feet of gross floor area.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations not exceeding 2,500 square feet of gross floor area.
Coin and philatelic stores.
Day care.
Drug stores.
Dry cleaning establishments and laundries.
Employment agencies.
Financial institutions, but excluding drive-through facilities and pawn shops.
Florist shops.
Food, grocery, meat, fish, bakery and delicatessen stores.
Garden supply, tool and seed stores.
Gift shops.
Handball courts, racquetball courts and exercise and reducing salons.
Hardware stores.
Hobby shops for the sale of goods to be assembled and used off the premises.
Household furnishings, fixtures and accessory stores not exceeding 2,500 square
feet of gross floor area.
Interior decorating establishments.
Jewelry stores.
Launderettes.
Leather goods stores.
Liquor stores, municipally owned, off-sale.
850-82 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.16
Locksmith shops.
Medical and dental clinics.
Music and video sales and rental stores.
Musical instruments stores and repair shops.
Newsstands.
Offices, including both business and professional.
Optical stores.
Paint and wallpaper stores not exceeding 2,500 square feet of gross floor area.
Personal apparel stores not exceeding 2,500 square feet of gross floor area.
Picture framing and picture stores.
Repair stores and "fix-it" shops which provide services for the repair of home,
garden, yard and personal use appliances.
Restaurants, but excluding "drive-ins" and drive-through facilities.
Schools.
Second-hand stores not exceeding 2,500 square feet of gross floor area, but
excluding pawn shops.
Shoe sales or repair stores.
Sporting and camping goods stores not exceeding 2,500 square feet of gross floor
area.
Tailor shops.
Tobacco shops.
Toy shops.
Travel bureaus and transportation ticket offices.
Variety, gift, notion and soft goods stores.
Vending machines which are coin or card operated, but excluding amusement
devices.
Subd. 3 Principal Uses in PCD-2.
Any principal use permitted in PCD-1.
Amusement and recreation establishments such as amusement arcades, commercial
bowling alleys and pool halls.
850-83 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.16
Animal hospitals and kennels, but excluding establishments with outside runs.
Automotive accessory stores, but excluding repair and service garages.
Blueprinting, printing and Photostatting establishments.
Business machine sales and service shops.
Catering establishments.
Clothing stores.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations.
Commercial kennels as defined by Subsection 300.01 of the City Code.
Currency exchanges as defined in M.S. 53A.
Department stores not exceeding 40,000 square feet of gross floor area.
Dry goods stores.
Electrical and household appliance stores, including radio and television sales and
service.
Exterminating offices.
Fabric stores.
Frozen food stores including the rental of lockers in conjunction therewith.
Furniture stores including upholstering when conducted as an incidental part of the
principal use.
Fraternal, philanthropic and charitable institution offices and assembly halls.
Furrier shops including the storage and conditioning of furs when conducted as an
incidental part of the principal use.
Home repair, maintenance and remodeling stores and shops.
Hotels, motels and motor inns.
Household furnishings, fixtures and accessories stores.
Laboratories, medical and dental.
Office supplies stores.
Orthopedic and medical appliance stores, but excluding the manufacturing or
assembly of appliances or goods.
Paint and wallpaper stores.
850-84 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.16
Personal apparel stores.
Pet shops.
Photography studios.
Post offices.
Public utility service stores.
Rental agencies for the rental only of clothing, appliances, automobiles, cartage
trailers, and household fixtures, furnishings and accessories, excluding pawn
shops.
Schools for teaching music, dance or business vocations.
Sporting and camping goods stores.
Taxidermist shops.
Telegraph offices.
Theaters, but excluding outdoor or "drive-in" facilities.
Ticket agencies.
Trading stamps redemption stores.
Undertaking and funeral home establishments.
Subd 4. Principal Uses in PCD-3.
Any principal use permitted in PCD-2.
Automobile agencies selling or displaying new, unused vehicles.
Boat and marine stores or agencies selling or displaying new, unused boats.
Department stores or shopping centers exceeding 40,000 square feet of gross floor
area.
Sexually-Oriented Businesses.
Subd 5. Principal Uses in PCD-4.
Automobile service centers.
Car washes.
Gas stations.
Subd. 6 Accessory Uses in PCD-1.
Off-street parking facilities.
850-85 Supplement 2003-01
I
City of Edina Land Use,Platting and Zoning 850.16
Buildings for the storage of merchandise to be retailed by the related principal use.
Not more than two amusement devices.
Drive through facilities, except those accessory to i) financial institutions, and ii)
food establishments as defined in Section 721 of the City Code
Produce stands pursuant to a permit issued by the Manager
Subd. 7. Accessory Uses in PCD-2.
All accessory uses allowed in PCD-1.
Drive-through facilities.
Amusement devices.
Subd. 8. Accessory Uses in PCD-3.
All accessory uses permitted in PCD-1 and PCD-2.
Automobile or boat and marine stores or agencies selling used automobiles or
boats, if(i) such a use is accessory to and on the same lot as a related principal use
selling new automobiles or boats, and (ii) the total floor area and lot area devoted
to the accessory use does not exceed that of the principal use.
Repair garages for servicing motor vehicles, if such a use is on the same lot as an
automobile agency.
Subd. 9 Accessory Uses in PCD-4.
Accessory car washes.
Retail sales of convenience goods.
Gasoline sales accessory to a car wash.
Subd. 10 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Floor Area Ratio.
PCD-1 1.0 of the tract
PCD-2 1.5 of the tract
PCD-3 0.5 of the tract
PCD-4 0.3 of the tract
B. Setbacks (Subject to the requirements of paragraphs A. and B. of Subd. 11 of
this Subsection).
Interior
Front Side Side Rear
850-86 Supplement 2003-01
City of Edina Land Use,Platting and Zoning 850.16
PCD-1 35'* 25'* 25'* 25'*
PCD-2 35'* 25'* 25'* 25'*
PCD-3 50'* 50'* 50'* 50'*
PCD-4 35' 25' 25' 25'
Gas Stations
All other uses 45' 25' 45' 25'
* or the building height if greater
C. Maximum Building Height.
PCD-1 Two stories
PCD-2 Four stories or 50 feet whichever is less
PCD-3 No maximum, height is determined by setbacks
PCD-4 One story
Subd. 11 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Established Average Front Street Setback for PCD-1, PCD-2 and PCD-3. When
more than 25 percent of the frontage on one side of the street between intersections
is occupied by buildings having front street setbacks of greater or lesser distances
than hereafter required, then the average setback of the existing buildings shall be
maintained by all new or relocated buildings on the same side of that street and
between the intersections. If a building is to be built or relocated where there is an
established average setback, and there are existing buildings on only one side of the
building or relocated building, the front street setback of the new or relocated
building need be no greater than that of the nearest adjoining principal building. If
a building is to be built or relocated where there is an established average setback
and there are existing buildings on both sides of the new or relocated building, the
front street setback need be no greater than that which would be established by
connecting a line parallel with the front line connecting the most forward portion of
the adjacent principal building on each side.
B. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear yard
setbacks including parking setbacks and loading facility setbacks apply only when
the side or rear lot line is a Planned Commercial District boundary.
C. Proximity to R-1 District. The following minimum distance shall exist between
buildings in the Planned Commercial District and the nearest lot line of an R-1
District lot used for residential purposes:
850-87 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.16
Building Height Distance to R-1 District
5-6 stories Twice the building height of the building
the Planned Commercial District.
7-8 stories Four times the building height of the buildu
in the Planned Commercial District.
9 or more stories Six times the building height of the building
the Planned Commercial District.
D. Storage. All materials, supplies, merchandise and other similar materials not on
display for direct sale, rental or lease to the ultimate consumer shall be stored
within a completely enclosed building or within the confines of a completely
opaque wall or fence capable of completely screening all the materials from
adjoining properties. The wall or fence under no circumstances shall be less than
five feet in height.
E. Displays. Merchandise which is offered for sale may be displayed outside of
buildings in the PCD-1, PCD-2 and PCD-3 subdistricts, provided the area occupied
by the display shall not exceed ten percent of the gross floor area of the building or
portion thereof housing the principal use. No displays shall be permitted within that
half of the required front street or side street setback nearest the street, nor within
any required side yard or rear yard setback. Agencies selling automobiles or boats,
as permitted by this Section, may display automobiles or boats outside of a building
if the area used for the displays shall comply with all the standards for a parking lot
including construction, setbacks, landscaping and screening as contained in this
Section.
F. Minimum Building Size. The minimum size for any building housing one or
more principal uses in the PCD-1, PCD-2 or PCD-3 subdistricts shall be 1,000
square feet of gross floor area within the first story.
G. Outdoor Sales, Tent Sales and Trailer Sales Prohibited. Except for the
dispensing of motor fuels and the use of drive-through facilities permitted by this
Section, all sales of products and merchandise, and dispensing of services, shall be
conducted from within the confines of a permanent building totally enclosed by
four walls and a roof. The sale of products and merchandise, and the dispensing of
services, from a motor vehicle, trailer, tent or other temporary structure or shelter,
or outside of a permanent building as above described, is prohibited.
H. Building Design and Construction. In addition to the other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Commercial District
shall meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
850-88 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.16
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction
if the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of the same materials as the original building and shall be designed
in a manner conforming to the original architectural design and general
appearance.
I. Performance Standards. All business operations shall conform to the
performance standards established by this Section for the Planned Industrial
District provided that the performance standards shall be applied, and must be
complied with, at the boundaries of the lot on which the business operations take
place.
J. Maximum Business Establishment Size in PCD-1 Subdistricts. No use in the
PCD-1 subdistrict shall exceed 12,000 square feet of gross floor area or the lesser
gross floor area as is imposed on the use by Subd. 2 of this Subsection 850.16.
K. Drive-In Uses. Except for the dispensing of motor fuels, drive-in uses shall not
be permitted. Nothing herein contained, however, prohibits accessory
drive-through facilities where permitted by this Subsection 850.16.
L. Automobile Service Centers and Gas Station Standards.
1. Minimum lot area:
a. for an automobile service center, 20,000 square feet, plus 5,000
square feet for each service bay in excess of three.
b. for a gas station, 15,000 square feet.
2. Maximum lot area: 60,000 square feet.
3. Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic
equipment shall be used and stored within a building.
4. Interior curbs of not less than six inches in height shall be constructed
to separate driving surfaces from sidewalks, landscaped areas and streets.
5. No automobile service station on a lot adjoining a lot in a residential
district shall be operated between the hours of 11:00 P.M. and 6:00 A.M.
850-89 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.16
6. All driving surfaces shall be constructed and maintained in the same
manner as prescribed for parking lots by this Section.
7. No merchandise shall be displayed for sale outside a building except
in that area within four feet of the building or within pump islands used for
dispensing motor fuels.
8. No motor vehicles except those owned by the operators and employees
of the principal use, and vehicles awaiting service, shall be parked on the
lot occupied by the principal use. Vehicles being serviced may be parked
for a maximum of 48 hours.
9. Body work and painting is prohibited.
10. No buildings, driveway surfaces, parking areas or other improvements
shall be located within 110 feet of any portion of a lot in a residential
district which is used for residential purposes if separated from the lot by a
street, or within 50 feet if not so separated by a street.
11. Pump islands shall maintain a front and side street setback of at least
20 feet and an interior side yard and rear yard setback of at least 25 feet.
12. Notwithstanding the requirements of Subsection 850.08, driveways
and drive aisles need only provide a setback of not more than five feet from
all lot lines, subject to the requirements of subparagraph 10. of paragraph
L. of this Subd. 11.
M. Car Wash Standards.
1. A car wash shall be subject to the same standards as specified herein
for automobile service centers.
2. All waste water disposal facilities, including sludge, grit removal and
disposal equipment, must be approved by the Engineer prior to installation.
3. Not more than one point of ingress and one point of egress shall be
allowed from any one public street to the car wash.
N. Standards for Sexually-Oriented Businesses.
1. No sexually-oriented business shall be located closer than 500 feet
from any other sexually-oriented business or licenses day-care facility.
Measurements shall be made in a straight line, without regard to intervening
structures or objections, from the nearest point of the actual premises of the
sexually-oriented business or licenses day-care facility.
2. No sexually-oriented business shall be located closer than 500 feet
from any property in the R-1, R-2, PRD, PSR or MDD District, or any
residentially zoned property in the city adjoining the City. Measurements
shall be made in a straight line, without regard to intervening structures
objects, from the nearest point of the actual business premises of the
sexually-oriented business to the nearest boundary of the R-1, R-2, PRD,
PSR, or MDD District.
850-90 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.17
850.17 Planned Industrial District (PID)
Subd. 1 Principal Uses.
A. All principal uses allowed in the Planned Office District.
B. Manufacturing, compounding, processing, packaging, treatment and assembly
of products and materials.
C. Scientific research, investigation, testing or experimentation.
D. Warehousing of non-perishable products, if the products are owned by or
consigned to the owner of the principal use or its lessee, and further, if the owner
or lessee does not establish the principal use in the capacity of a carrier for the
purpose of a freight operation.
E. Businesses that provide a service to the consumer on the consumer's property
and not on the lot occupied by the principal use, including, but not limited to,
building contractors, plumbing contractors, swimming pool construction and
service companies and exterminating offices.
F. Blueprinting, Photostatting and printing shops.
G. Office equipment showrooms and repair services.
H. Mini-storage warehouses for storage of domestic supplies, recreational vehicles
and equipment and other private property, if the owner of the private property is
responsible for transporting the property to and from the principal use, and further,
if the owner of the principal use does not establish the use as a carrier for the
purpose of a freight operation.
I. Animal hospitals, but excluding establishments with outside runs.
J. Currency exchanges as defined in M.S. 53A.
Subd. 2 Conditional Uses.
A. Religious Institutions, including churches, synagougues, chapels, temples and
mosques.
Subd. 3 Accessory Uses.
A. Warehousing of products manufactured by the principal use.
B. Offices and administrative facilities.
C. Shipping and receiving spaces, mailing rooms and order pick-up facilities.
D. Cafeterias, educational facilities, vending services and recreational
establishments for persons employed by the business comprising the principal use.
E. Within buildings having office space comprising not less than 40,000 square
feet of gross floor area, ten percent of the gross floor area may be occupied by
retail uses allowed in the PCD-1 and PCD-2 Districts, if the accessory uses are
accessible only from the interior of the principal building and have no signs or
displays relative to it visible from the outside of the principal building.
850-91 Supplement 2003-03
City of Edina Land Use,Platting and Zoning 850.17
i
I
F. Temporary retail sales pursuant to a permit issued in accordance with this
Subsection 850.17.
G. Off-street parking facilities.
H. Commercial kennels as defined in Subsection 300.01 of this Code, which are
accessory to animal hospitals, but excluding kennels with outside runs.
Subd. 3 Requirements for Building Coverage, Setback and Height.
A. Minimum Tract Area. No tract of land shall be transferred to the Planned
Industrial District unless the tract measures at least ten acres in area or is
contiguous to other land in the Planned Industrial District.
B. Minimum Lot Area. Two acres.
C. Minimum Building Area. Each building shall have a gross floor area of not less
than 10,000 square feet.
D. Maximum Building Coverage.
1. Lots of less than three acres: 30 percent.
2. Lots of three acres or more: 45 percent.
a. may be increased to 60 percent if the total gross floor area on the
lot is contained within a single building and all portions of any loading
docks and berths are completely enclosed within the same single
building.
E. Maximum FAR: 0.5
1. May be increased to 0.6 for buildings which qualify for 60 percent
building coverage as provided in paragraph D of Subd. 3 of this Subsection
850.17.
F. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
50'* 50'* 20'* 20'*
* or the building height if greater.
G. Maximum Building Height. Four stories or 50 feet whichever is less.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Increased Front Street and Side Street Setbacks. The minimum setback from a
street shall be increased to 75 feet if the tract is located across the street from
property in a residential district used for residential purposes.
B. Increased Side Yard and Rear Yard Setbacks. The minimum setback from an
interior lot line shall be increased to 100 feet if the lot line adjoins property in a
residential district used for residential purposes.
850-92 Supplement 2003-03
City of Edina Land Use, Platting and Zoning 850.17
C. Temporary Retail Sales and Going out of Business Sales Permits.
1. The Manager may grant a permit for a temporary retail sale or going out
of business sale, if:
a. the temporary retail sale shall not exceed three consecutive days,
and the going out of business sale shall not exceed ten consecutive
days;
b. not more than two temporary retail sale permits may be issued to
any one person, firm, affiliate, subsidiary or building in a calendar
year, and further provided that the two permitted sales must occur at
least 60 days apart. Not more than one going out of business sale
permit may be issued to any one person, firm, affiliate or subsidiary
in a three-year period; and
c. an application for the permit must be filed with the Planner on
forms provided by the Planner not less than 30 days before the
beginning of the sale. The application shall be co-signed by the owner
of the lot or building and accompanied by an application fee as
specified in Section 185 of this Code.
2. The Manager shall not issue a permit without finding that:
a. the sale will not impair the safe movement of traffic in the vicinity
and will not impact surrounding residential areas;
b. adequate facilities for off-street parking are available;
c. all buildings housing the sale have adequate fire protection facilities
and ingress and egress for the public;
d. the sale will not conflict with other scheduled sales in the vicinity;
e. prior sales conducted by the applicant conformed to the
requirements of this Section; and
f. adequate personnel for public safety purposes will be provided by
the applicant.
3. Additional requirements:
a. all goods shall be displayed and sold within the principal building;
b. no goods may be shipped to the building or lot especially for the
temporary retail sale or going out of business sale; and, if requested,
an inventory audit, spot check or verification of goods for sale shall be
given to the Manager within ten days before the sale; and
c. a permit granted and unused may be transferred to another day or
days by the Manager upon written request received by the Manager at
least ten days prior to the requested sale.
850-93 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.17
�I
D. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building within the Planned Industrial District shall meet the
following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following materials:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture;
d. factory fabricated and finished metal framed panel construction if
the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
E. Restrictions, Controls and Design Standards. Uses which because of the nature
of their operation are accompanied by an excess of noise, vibration, dust, dirt,
smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual
features shall be considered as "excessive" when they either exceed or deviate from
the limitations set forth in the following performance specifications.
1. Noise. Noise shall be measured on any property line of the tract on
which the use is located. Noise shall be muffled so as not to become
objectionable due to intermittence, beat frequency, shrillness or intensity.
At the property line, the sound pressure level of noise radiated continuously
from a facility shall not exceed the decibel levels given in the following
table. The sound pressure level shall be measured with a sound level meter
and on an associated octave band analyzer, both of which shall be
manufactured according to current specifications prescribed by the
American Standard Association. Measurement shall be made using the flat
network of the sound level meter.
Octave Band Frequency Maximum
(Cycles Per Second) Decibel Level
20-75 65
76-150 60
151-300 55
850-94 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.17
301-600 46
601-1200 40
1201-2400 34
2401-4800 31
Over 4800 28
2. Vibration. No use shall at any time cause earth vibrations perceptible
beyond the limits of the tract on which the use is located.
3. Dust and Dirt. Solid or liquid particles shall not be emitted at any point
in concentrations exceeding 0.3 grains per cubic foot of the conveying gas
or air. For measurement of the amount of particles in gases resulting from
combustion, standard corrections shall be applied to a stack temperature of
500 degrees Fahrenheit and 50 percent excess air.
4. Smoke. Measurement shall be at the point of emission. The then most
recent Ringleman Smoke Chart published by the United States Bureau of
Mines shall be used for the measurement of smoke and is hereby adopted
and incorporated into this Section by reference and made a part of this
Section. Smoke not darker or more opaque than No. 1 on the chart may be
emitted. However smoke not darker or more opaque than No. 2 on the chart
may be emitted for periods not longer than four minutes in any 30-minute
period. These provisions, applicable to visible grey smoke, shall also apply
to visible smoke of a different color but with an equivalent apparent
opacity.
5. Odor. The use shall not, at any time, cause the discharge of toxic,
noxious or odorous matter beyond the confines of the principal building in
such concentrations as to be detrimental to or endanger the public health,
welfare, comfort or safety.
6. Glare. Glare, whether directed or reflected, such as from spotlights or
high temperature processes, and as differentiated from general illumination,
shall not be visible beyond the limits of the tract from which it originates.
7. Liquid Wastes. Liquid wastes containing any organic or toxic matter
shall be discharged either into a public sanitary sewer or treated in a manner
prescribed by the Health Department. The rate of liquid waste discharged
into the City's sanitary sewerage system shall not exceed 200 gallons per lot
per hour between the hours of 9:00 A.M. and 12:00 noon.
In order to ensure compliance with the performance standards set forth above, the
Planner may require the owner or operator of any use to make, without cost to the
City, investigations and tests as the Planner deems necessary, to show adherence
to the performance standards. The investigations and tests shall be done by an
independent testing organization approved by the Planner.
850-95 Supplement 2002-2
City of Edina Land Use, Platting and Zoning 850.18
F. Mini-Storage Warehouse Standards.
1. No doors through which personal property is loaded or unloaded shall be
located on a side of a building which faces a residential district.
2. In addition to the requirements in this subsection for temporary retail
sales permits, the following requirements shall apply:
a. no more than two temporary retail sale permits per principal
building, or per lot if there is more than one principal building on the
lot, shall be issued annually in accordance with the provisions of this
paragraph; and
b. the permit shall be applied for only by the owner of the principal
building, the intention being that each lessee within the mini-storage
building shall not be eligible individually for a temporary retail sales
permit.
3. Only non-perishable and non-volatile products may be stored.
850.18 Regional Medical District (RNID)
Subd. 1 Principal Uses.
A. Hospitals.
B. Medical and dental offices and clinics.
C. Laboratories for performing medical or dental research, diagnostic testing,
analytical or clinical work, having a direct relationship to the providing of health
services, including, but not limited to, medical research, radiology, hematology,
serology, immunology, allergy, biochemistry, basal metabolism, microbiology,
parasitology, pathology, histology, cytology, toxicology and pharmacology.
Laboratories engaged in the production or manufacture of goods or products for
commercial sale or distribution shall not be considered laboratories within the
meaning and intent of this paragraph.
Subd. 2 Accessory Uses.
A. Living quarters and recreational and educational facilities for nurses, interns,
staff members, hospital employees and volunteers, if the uses are located within or
are contiguous to the principal building.
B. Off-street parking facilities for ambulances, service trucks and automobiles
owned by tenants, employees, patients and visitors.
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.
850-96 Supplement 2002-2
City of Edina Land Use,Platting and Zoning 850.19
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.
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.
850-97 Supplement 2003-01
City of Edina Land Use, Platting and Zoning 850.20
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 Edina Heritage Landmarks
Subd 1 Purpose. The zoning classification of Edina Heritage Landmark is
established to promote the preservation, protection and use of significant heritage
resources in the City. Heritage landmarks shall be nominated by the Heritage
Preservation Board and designated by Council resolution.
Subd. 2 Eligibility Criteria. The following criteria will guide the Heritage
Preservation Board and the Council in evaluating potential heritage landmark
designations:
A. The quality of significance in history, architecture, archeology, and culture
present in buildings, sites, structures, objects and districts that reflects:.
1. Association with important events or patterns of events that reflect
significant broad patterns in local history; or
2. Association with the lives of historically significant persons or groups
significant; or
3. Embodiment of the distinctive characteristics of an architectural style,
design, period, type, or method of construction; or that possess high
artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction; or
850-98 Supplement 2003-01
City of Edina Land Use,Platting and Zoning 850.20
4. Important archeological data or the potential to yield important
archeological data.
B. The retention of specific aspects of historical integrity, including location,
design, setting, materials, workmanship, feeling, and association, that convey
significance as a heritage resource worthy of preservation.
Subd. 3 Determination Of Eligibility. The Heritage Preservation Board shall review
the inventory of heritage resources and evaluate the significance of all properties identified
by survey. If it determines that a surveyed heritage resource appears to meet at least one
of the heritage landmark eligibility criteria, the Heritage Preservation Board may by
majority vote issue a determination of eligibility for planning purposes.
Subd 4. Nomination Of A Heritage Landmark. Nomination of a property to be
considered for designation as an Edina Heritage Landmark shall be submitted to the
Council by the Heritage Preservation Board. Each nomination shall be accompanied by a
heritage landmark nomination study prepared by the City Planner. This study shall:
A. Identify and describe in detail the heritage resource being nominated;
B. Explain how the property meets one or more of the heritage landmark
eligibility criteria;
C. Make the case for historical significance and integrity; and
D. Recommend a plan of treatment for the heritage resource, with
guidelines for design review and specific recommendations for preservation,
rehabilitation, restoration, and reconstruction as appropriate.
The study shall be accompanied by a map that clearly locates the property, a detailed
plan of the nominated heritage resource, and archival quality photographs that
document significant features of the building, site, structure, object, or district.
Subd. 5. State Historic Preservation Office Review. The City Planner shall submit all
heritage landmark nominations to the state historic preservation officer for review and
comment within sixty (60) days.
Subd. 6. Planning Commission Review. The City Planner shall submit all heritage
landmark nominations to the city planning commission for review and recommendations
prior to any Council action.
Subd. 7 Public Hearing. On receipt of the heritage landmark nomination documents
and the comments of the state historic preservation office and the city planning
commission, the Council shall hold a public hearing to consider the proposed landmark
designation.
Subd. 8 City Council Designation. The Council may designate a property as an Edina
Heritage Landmark by resolution.
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City of Edina Land Use,Platting and Zoning 850.20
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Subd. 9 Designation Of Heritage Landmarks On Zoning Map. The Planning
Commission shall place all designated heritage landmarks on the official city-zoning
map.
Subd. 10 Review Of Permits.
A. To protect significant heritage resources, the Heritage Preservation Board
shall review all applications for city permits for the following types of work in
relation to a designated heritage landmark:
1. Demolition of any building or structure, in whole or in part;
2. Moving a building or structure to another location;
3. Excavation of archeological features, grading or earth moving in
areas believed to contain significant buried heritage resources; and
4. New construction.
B. No city permits for the types of work described in paragraph A. of this
subsection will be issued without a certificate of appropriateness signed by
the Planner and approved by the Heritage Preservation Board evidencing
compliance with the comprehensive heritage preservation plan. Applications
for a certificate of appropriateness shall be made on forms provided by the
Planning Department and shall be accompanied by the fee set forth in
Section 185 of this Code. The application shall be accompanied by plans
and drawings to scale, which clearly illustrate, to the satisfaction of the
Planner, the work to be undertaken if the permit is granted. Certificates of
appropriateness may be granted subject to conditions.
C. Permit review decisions shall be based on the Secretary of the Interior's
Standards for the Treatment of Historic Properties, the Comprehensive
Heritage Preservation Plan, and the heritage landmark preservation study for
each designated property.
D. The City Planner and the Heritage Preservation Board shall complete
their review of applications for city permits requiring certificates of
appropriateness within forty-five (45) days of the date of application.
E. The City Planner and the Heritage Preservation Board may issue
certificates of appropriateness for work projects submitted voluntarily by
owners of heritage resources.
F. To assure compliance with the goals and policies of the comprehensive
heritage preservation plan, the Heritage Preservation Board shall review
every application for a preliminary plat, conditional use permit, variance, or
rezoning in relation to a designated heritage landmark; and the City planning
commission shall give the Heritage Preservation Board a reasonable
opportunity to comment on such projects before making its recommendation
to the Council.
850-100 Supplement 2003-03
City of Edina Liquor 900.01
CHAPTER 9. LIQUOR
Section 900 - Sale of Liquor and Wine; Licensing
900.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the stated meanings:
Bar. A counter or similar kind of place or structure at which wine or liquor is served.
Commissioner. The State Commissioner of Public Safety.
Cafe. See definition of "restaurant" in this Subsection.
Club. Any corporation duly organized under the laws of the State for civic, fraternal,
social or business purposes, or for intellectual improvement, or for the promotion of
sports, which shall have more than 50 members, and which for more than one year
shall have owned, hired or leased a building or space in a building of such extent and
character as may be suitable and adequate for the reasonable and comfortable
accommodation of its members, and whose affairs and management are conducted by a
board of directors, executive committee, or other similar body chosen by the members
at a meeting held for the purpose, none of whose members, officers, agents or
employees are paid, directly or indirectly, any compensation by way of profit from the
distribution or sale of beverages to the members of the club or to its guests, beyond the
amount of such reasonable salary or wages as may be fixed and voted each year by the
directors or other governing body.
Food Establishment License. A license issued by the City under the provisions of
Section 721 of this Code.
Hotel. An establishment where food and lodging are regularly furnished to transients
and which has a dining room serving the general public at tables and having facilities
for seating at least 30 guests at one time, and at least 50 guest rooms.
Intoxicating Liquor. Ethyl, alcohol, and distilled, fermented, spirituous, vinous and
malt beverages containing in excess of 3.2 percent of alcohol by weight.
Intoxicating Malt Liquor. Any beer, ale or other beverage made from malt by
fermentation and containing more than 3.2 percent of alcohol by weight.
License. A license granted pursuant to this Section.
Licensed Premises. The area shown in the license application as the place where wine
or liquor will be served or consumed.
Liquor. 3.2 percent malt liquor, intoxicating liquor, and intoxicating malt liquor.
Meal. Entrees and sandwiches offered on a restaurant menu.
900-1 Supplement 2003-01
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City of Edina Liquor 900.02
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Off-Sale. Retail sale in the original package for consumption away from the premises
only.
On-Sale. Sale for consumption on the premises only.
Original Package. Any container or receptacle holding liquor, in which the liquor is
corked or sealed at the place of manufacture.
Restaurant. An establishment, under control of a single proprietor or manager,
having appropriate facilities for serving meals and where in consideration of payment,
meals are regularly served at tables to the general public, and which employs an
adequate staff to provide the usual and suitable service to its guests, and which has a
seating capacity for not fewer than 30 guests at one time.
Sale, Sell, Sold. All barters, exchanges, gifts, sales, and other means used to obtain,
dispose of, or furnish any liquor or wine or any other beverage, directly or indirectly,
as part of a commercial transaction, in violation or evasion of the provisions of this
Section, but does not include sales by State licensed liquor wholesalers selling to
licensed retailers.
State Established Legal Drinking Age. For purposes of this Section, the State
established legal age for consumption of liquor and wine is 21 years of age.
3.2 Percent Malt Liquor. Any potable beverage with an alcoholic content of more
than one-half of one percent by volume and not more than 3.2 percent by weight.
Wine. Vinous beverage created by fermentation.
900.02 Off-Sale Limited to Municipal Liquor Stores; Dispensary Established. No
intoxicating liquor, intoxicating malt liquor or wine shall be sold, or caused to be sold at off-
sale within the City by any person, or by any store or establishment, or by any agent or
employee of such person, store or establishment, except by the City and on the premises in the
City occupied by the municipal liquor dispensary. There is hereby established a municipal
liquor dispensary for the off-sale of liquor and wine. The dispensary shall be located at such
suitable places in the City as the Council determines by resolution.
Subd. 1 Management and Control. The dispensary shall be under the control of
the Manager. The Manager may appoint employees as deemed necessary to operate the
dispensary in full compliance with this Section and State Law. No person under the
State established legal drinking age shall be employed in the dispensary.
Subd. 2 Surety Bond. The Manager may require persons employed in the
dispensary to furnish a surety bond to the City in the same manner as prescribed by
Subsection 115.12 of this Code.
Subd. 3 Hours of Operation. Subject to the requirements of M.S. 340A.504, the
hours of operation of the dispensary shall be established by resolution of the Council.
900-2 Supplement 2003-01
City of Edina Liquor 900.04
Subd. 4 Manner of Conducting Sales. All restrictions as to the manner of
conducting sales as set forth in Subsection 900.07 shall apply to the municipal liquor
dispensary.
900.03 License Required. No person, except wholesalers or manufacturers to the extent
authorized by law, directly or indirectly, upon any pretense or by any device, shall sell at off-
sale any 3.2 percent malt liquor or at on-sale any 3.2 percent malt liquor, intoxicating malt
liquor, wine or intoxicating liquor without first having obtained a license.
900.04 License Types. Licenses shall be of nine types:
A. On-Sale Club Liquor License - permits the on-sale of liquor and wine at
qualifying clubs. Only establishments possessing an On-Sale Club License on
December 31, 1998, shall be eligible for receiving an On-Sale Club Liquor
License pursuant to this Section.
B. On-Sale Intoxicating Liquor License - permits the on-sale of liquor and wine
at qualifying hotels and restaurants. A qualifying hotel with multiple points of
liquor sale and service within the hotel may operate under a single On-Sale
Intoxicating Liquor License provided that the sale of food and liquor is under
the exclusive ownership and control of the licensee. Any restaurant or other
facility serving liquor within a hotel which operates under separate ownership or
control shall be considered a distinct entity for purposes of this Section.
C. Off-Sale 3.2 Percent Malt Liquor License - permits the off-sale of 3.2
percent malt liquor at certain retail establishments.
D. On-Sale 3.2 Percent Malt Liquor License - permits the on-sale of 3.2
percent malt liquor at certain retail establishments.
E. Wine License - permits the on-sale of wine at qualifying hotels and
restaurants. (Intoxicating malt liquor may be sold on premises holding both a
3.2 percent malt liquor on-sale license and a wine license.)
F. Temporary On-Sale Intoxicating Liquor License - permits the on-sale of 3.2
percent malt liquor, intoxicating malt liquor, wine and intoxicating liquor at
events sponsored by certain organizations. Not more than two such licenses
shall be issued to the same organization or corporation in a calendar year with at
least 30 days between issue dates. Each license shall be issued for not more
than three consecutive days. The City Council may restrict such licenses to the
sale of 3.2 percent malt liquor, intoxicating malt liquor or wine only.
G. Temporary On-Sale 3.2 Percent Malt Liquor License - permits the on-sale
of 3.2 percent malt liquor at events sponsored by certain organizations. Not
more than two such licenses shall be issued to the same organization or
corporation in a calendar year with at least 30 days between issue dates. Each
license shall be issued for not more than three consecutive days.
900-3 Supplement 2003-01
City of Edina Liquor 900.05
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H. Sunday On-Sale License - permits the on-sale of intoxicating liquor on
Sunday. Only persons holding an On-Sale Intoxicating Liquor License or an On-
Sale Club Liquor License may hold a Sunday On-Sale License
900.05 License Applications; Renewal. An application for any license required by this Section
or the renewal of an existing license shall be made on forms provided by the Clerk. The
provisions of Section 160 of this Code, shall apply to all licenses required by this Section, and
to the holders of such licenses, except that licenses and renewals shall be granted or denied in
accordance with Subsection 900.06. All applications shall be accompanied by the fees set forth
in Subsection 900.07. Every license issued under this Section shall expire at 12:01 A.M. on
April 1 following its date of issuance. Renewal applications shall be submitted at least 60 days
but not more than 150 days before expiration of the license. If, in the judgment of the Council
as to off-sale and on-sale licenses, good and sufficient cause for the applicant's failure to apply.
for a renewal within the time provided is shown, the Council, may, if the other provisions of
this Section are complied with, grant the license. In addition to the application requirements
provided in Section 160 of this Code, applicants shall also provide the following:
A. The type of license the applicant seeks;
B. A description of the type of business to be transacted on the licensed
premises;
C. Proof of financial responsibility with regard to liability imposed by M.S.
340A.801 in the manner and to the extent required by M.S. 340A.409. If the
applicant claims exemption from the requirements of said Statute, proof of
exemption shall be established by affidavit given by the applicant in form and
substance acceptable to the Clerk;
D. All forms and information required by the Police Chief, the Minnesota
Department of Public Safety and the Minnesota Department of Revenue;
E. Any affidavits of the applicant as required by the Clerk, on forms provided
by the Clerk, in support of the application;
F. Authorization to release information obtained in connection with the
application;
G. A statement signed by the applicant stating that he or she has reviewed and
understands the pertinent provisions of this Section and State law;
H. In the case of an application for a Wine License, or On-Sale Intoxicating
Liquor License, the applicant shall provide evidence satisfactory to the Clerk as
to compliance with the requirements of Subd. 2 of Subsection 900.12 as to the
completion of an alcohol awareness program;
I. In the case of an application for a Wine License or On-Sale Intoxicating
Liquor License, the applicant shall provide evidence satisfactory to the Clerk as
to compliance with the requirements of Subd. 3 of Subsection 900.12 as to the
percentage of food sold on the licensed premises. This requirement shall be
900-4 Supplement 2003-01
City of Edina Liquor 900.07
established by an affidavit of the licensee on a form provided by the Clerk. The
affidavit shall be given with each application for issuance or renewal on a Wine
License or an On-Sale Intoxicating Liquor License, or at other times as the
Clerk may request. If the application is for the renewal of a Wine License or an
On-Sale Intoxicating Liquor License, the affidavit shall also include the actual
percentage of gross receipts attributable to the sale of food during the
immediately preceding 12-month period. The Clerk shall require that any such
affidavit be verified and confirmed, on a form provided by the Clerk, by a
Certified Public Accountant. Failure or refusal of a licensee to give such
affidavit with such application, or on request of the Clerk, or any false statement
in any such affidavit, shall be grounds for denial, suspension or revocation of all
licenses held by such licensee.
J. In the case of an application for a Temporary On-Sale 3.2 Percent Malt
Liquor License or a Temporary On-Sale Intoxicating Liquor License. The
applicant shall provide evidence satisfactory to the Clerk that the applicant
complies with the requirements of Subsection 900.08 as to being a qualified
corporation or organization.
K. Any other information deemed necessary by the Manager to undertake
consideration of the application.
900.06 Consideration of Application; Public Hearing. The provisions of Section 160 of
this Code shall apply to all licenses required by Subsection 900.04 and to the holders of such
licenses, provided that all licenses shall be granted or denied by the City Council and the
Commissioner, if required by State law. The City Council shall conduct a public hearing on
the application for a new On-Sale Intoxicating Liquor License or a Temporary On-Sale
Intoxicating Liquor License within a reasonable period following receipt of a complete
application and completion of the investigation required by Subsection 900.05. A notice of the
date, time, place and purpose of the hearing shall be published once in the official newspaper
not less than ten days before the date of the hearing. After hearing the oral and written views
of all interested persons, the Council shall make its decision at the same meeting or at a
specified future meeting. No hearing shall be required for the renewal or the transfer of an
On-Sale Intoxicating Liquor license.
900.07 Fees.
Subd. 1 Application Fee. The annual license application fee shall be the amount
set forth in Section 185 of this Code. When a new Wine License or On-Sale
Intoxicating Liquor License is issued for a portion of a year, the annual license
application fee shall be prorated at the rate of one twelfth of the license fee per month
or portion of a month remaining in the license year at the time of application. The
annual license application fee for a Wine License or for an On-Sale Intoxicating Liquor
License may be refunded, less costs incurred by the City as determined by the Clerk, in
the event that the application is withdrawn by the applicant or denied by the Council.
Subd. 2 On-sale Intoxicating Liquor License Renewal Fee. A business with an On-
sale Intoxicating Liquor License that passes the annual compliance checks, with no
900-5 Supplement 2003-01
City of Edina Liquor 900.08
violations carrying a penalty of $500 or greater, under the Administrative Liquor
Enforcement Penalty matrix, shall be eligible for a reduction in the annual license fee.
The annual license fee reduction shall be $500, up to a maximum of $1,000 for two
consecutive license years with no violations.
Subd. 3 Refunds. A monthly pro-rata share of the annual license fee for a Wine
License or an On-Sale Intoxicating Liquor License issued pursuant to this Section may
be refunded, less the cost of issuance as determined by the Clerk, if:
A. The business permanently ceases to operate;
B. The license is transferred to a new licensee in accordance with Subsection
900.13 and the City receives a license fee for the remainder of the license term
from the transferee; or
C. A premises licensed to sell wine receives an On-Sale Intoxicating Liquor
License prior to the expiration of the Wine License. In this instance, a pro-rata
share of the Wine License fee may be refunded.
Subd. 4 Investigation Fees. Upon application for a new or the transfer of an
existing Wine License, On-Sale Intoxicating Liquor License, On-Sale 3.2 Liquor
License or Off-Sale 3.2 Liquor License, the applicant shall deposit $500.00 with the
City for the investigation fee. If the investigation requires an out-of-state investigation,
an additional $2,000.00 shall be deposited before further processing of the application
by the City. The Clerk may from time to time require the deposit of additional
investigation fees up to the limits provided herein before further processing of the
application if the cost of investigation exceeds the amounts previously deposited. The
cost of the investigation shall be based on the expense involved, but in no event shall it
exceed $500.00 if the investigation is limited to the State or $10,000.00 if outside the
State. All deposited monies not expended on the investigation shall be refunded to the
applicant. All investigative expenses incurred in excess of the deposit shall be paid
prior to consideration of the license application by the Council. Investigation fees for
license renewal shall not exceed $200.00 unless there is a change of ownership of more
than 10% cumulatively over the then existing license period.
900.08 Persons Ineligible for License. The following restrictions apply to any applicant
who is a natural person, a general partner if the applicant is a partnership, or a corporate
officer if the applicant is a corporation. No license shall be granted to:
A. Any manufacturer, brewer, or wholesaler as defined in M.S. 340A.101, or
any manufacturer of 3.2 percent malt liquor, or to any person who has a
financial interest, directly or indirectly, in such manufacturer, brewer or
wholesaler.
B. Any person under the State established legal drinking age.
C. Any person convicted of any willful violation of any law of the United States
or any provision of State Law or this Code with regard to the manufacture,
sale or distribution of liquor.
900-6 Supplement 2003-01
City of Edina Liquor 900.08
D. Any person not eligible under M.S. 340A.402, the regulations of the
Commissioner or Section 160 of this Code.
E. Any person who has (i) been convicted, within the five years prior to the
application for a license, of any violation of any law of the United States, the
State, or any other state or territory, or of any local ordinance with regard
to: (a) the manufacture, sale, distribution or possession for sale or
distribution of intoxicating liquor or other controlled substances as defined
by State Statute, (b) gambling, (c) theft, or (d) vice; or (ii) had an
intoxicating liquor license, including a wine on-sale license, revoked for any
violation of any statutes, ordinances or regulations relating to the
manufacture, sale, distribution or possession of liquor or wine.
F. Any person who has applied for or holds a federal wholesale or retail liquor
dealer's special stamp or a federal or State gambling or gaming stamp or
license.
G. Any person who is an employee or elected official of the City.
H. Any person who has falsified any information given either in the application
or in the process of investigation.
I. Any person who upon renewal, has been found in violation of any provision
of this Section or applicable State Law.
J. If an individual, any person who is not a U.S. citizen or resident alien.
K. Any person who is financially indebted to a person who is disqualified under
this Subd.
L. If for a Temporary On-Sale Intoxicating Liquor License, any organization
other than the Edina Chamber of Commerce, the 50' and France Business
and Professional Association, the Edina Community Foundation or the City.
A holder of a Temporary On-Sale Intoxicating Liquor License shall not be
eligible to hold a Temporary On-Sale 3.2 Percent Liquor License during all
or part of the same license term.
M. If for a Temporary On-Sale 3.2 Percent Malt Liquor License, any person
who is not a non-profit corporation or organization that has been in existence
for at least three years where the serving of alcoholic beverages is incidental
to and not the main purpose of the organization and which is organized for i)
charitable or religious purposes for which gifts are deductible from the income
of the donor under the Internal Revenue Code of 1986, as now enacted or as
supplemented or amended, ii) service to the nation, state or community, iii)
social purposes, iv) promotion of sports, v) promotion of persons to elective
office, or vi) promotion of business within the community. A holder of a
Temporary On-Sale 3.2 Percent Malt Liquor License shall not be eligible to
hold a Temporary On-Sale Intoxicating Liquor License during all or part of
the same license term.
900-7 Supplement 2003-01
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City of Edina Liquor 900.09
N. . If for an On-Sale Intoxicating Liquor License, any person who holds an
interest in an On-Sale Intoxicating Liquor License or has made application
for such a license for more than three locations in the City. It is the intent
hereof that no person may possess or hold an interest in more than three On-
Sale Intoxicating Liquor Licenses at one time in the City. For purposes
hereof, "interest" includes any pecuniary interest in the ownership,
operation, management or profits of the establishment, but does not include:
i) bona fide loans, rental agreements, open accounts or other obligations held
with or without security arising out of the ordinary and regular course of
business or selling or leasing merchandise, fixtures or supplies to such
establishment or ii) any interest of five percent or less in any corporation
holding an On-Sale Intoxicating Liquor License
900.09
Places Ineligible for a License
Subd. 1 General Restrictions. No off-sale or on-sale license shall be granted or
renewed for:
A. Any property on which taxes, assessments or other financial claims of the
State, County or City are due, delinquent or unpaid.
B. Any property on which the business is to be conducted is owned by a person
who is ineligible for a license pursuant to Subsection 900.08
C. Any property located within 300 feet of a place of worship or an
elementary, junior high or senior high school having a regular course of study
accredited by the State. A location which holds a license under this Section shall
not be declared ineligible for license renewal or transfer due to a place of
worship or school that was newly located in its proximity after license issuance.
The provisions of this paragraph shall not apply to Temporary On-Sale 3.2
Percent Malt Liquor Licenses.
D. Any property where a license issued under this Section has been revoked
during the preceding year unless the issuance of the license is unanimously
approved by the Council then present.
E. Any property where the conduct of the business is prohibited by Section 850
of this Code.
F. Any property not eligible under M.S. 340A and the regulations of the
Commissioner.
G. Any property used as a sexually oriented business as defined by Section 850
of this Code.
Subd. 2 Off-Sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd. 1 of this Subsection, no Off-Sale 3.2 Percent Malt Liquor
License shall be granted to any theater, recreation establishment, public dancing place
or establishment holding any on-sale license.
900-8 Supplement 2003-01
City of Edina Liquor 900.10
Subd. 3 On-Sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd.l of this Subsection, no On-Sale 3.2 Percent Malt Liquor License
shall be granted for establishments other than (i) private clubs which have been
incorporated for more than ten years and which own and operate club houses for their
members in which the serving of such liquor is incidental to and not the major purpose
of such club, (ii) restaurants, (iii) golf courses, (iv) the Edina Golf Dome, (v) bowling
centers and (vi) hotels. The provisions of this Subdivision do not apply to Temporary
On-Sale 3.2 Percent Malt Liquor Licenses.
Subd. 4 Wine Licenses. In addition to the requirements of Subd. 1 of this
Subsection, no Wine License shall be granted to any establishment other than a
restaurant located in the PCD-1, PCD-2, PCD-3 Subdistricts, the Mixed Development
District or the Planned Office District as established by Section 850 of this Code.
Subd. 5 On-Sale Intoxicating Liquor Licenses. In addition to the requirements of
Subd. 1 of this Subsection, no On-Sale Intoxicating Liquor License shall be granted to
i) any establishment other than a restaurant or hotel located in the PCD-2, PCD-3
Subdistricts or the Mixed Development District as established by Section 850 of this
Code, ii) any amusement or recreation establishment including amusement arcades,
bowling centers, pool halls or establishments offering amusement devices as defined by
Section 215 of this Code, or iii) any establishment located in a building which also
contains any dwelling units as defined by Section 850 of this Code. In addition, no On-
Sale Intoxicating Liquor License shall be granted to any establishment located in the
PCD-2 Subdistrict which will contain more than 150 seats; provided, however, a
premises in the PCD-2 Subdistrict holding a wine license issued by the City which was
in effect on December 31, 1998, and which contains more that 150 seats may be issued
an On-Sale Intoxicating Liquor License but the licensed premises shall not be thereafter
expanded to include more seats than existed on December 31, 1998
Subd. 6 Temporary Licenses. In addition to the requirements of Subd 1 of this
Subsection, not more than four Temporary On-Sale 3.2 Percent Malt Liquor licenses
and not more than two Temporary On-Sale Intoxicating Liquor Licenses shall be issued
for any one location in a calendar year with at least 30 days between issue dates. For
purposes of this paragraph, "location" shall mean a physical location within 1000 feet
or the perimeter of the premises first licensed in the calendar year.
900.10 General Restrictions; Conditions of Sale.
Subd. 1 Conduct. Every licensee shall be responsible for the conduct of the
licensee's place of business and shall maintain conditions of sobriety and order.
Subd. 2 Age. No wine or liquor shall be sold to any person under the State
established legal drinking age, or to an intoxicated person, directly or indirectly.
Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell
liquor or wine.
900-9 Supplement 2003-01
City of Edina Liquor 900.10
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or
permit the keeping, possession or operation on the licensed premises, or in any room
adjoining the licensed premises controlled by the licensee, any slot machines, dice or
other gambling equipment as defined in M.S. 349.30, nor permit any gambling therein,
nor permit the licensed premises or any room in the same or in any adjoining building,
directly or indirectly under licensee's control, to be used as a resort for prostitutes or
other disorderly persons; provided, however, that lawful gambling may be carried on if
allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or
this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in
any licensed place shall be owned in whole or in part by any manufacturer or brewer,
as defined in M.S. 340A, of wine or liquor.
Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by
any police officer or other designated officer or employee of the City at any time there
are persons within the licensed premises.
Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504. Except, however:
I
A. Establishments holding a Wine License under this Section or establishments
holding both an On-Sale Club Liquor License and a Sunday On-Sale License
under this Section may sell intoxicating liquor or wine in conjunction with the
sale of food between the hours of 10:00 A.M. and 12:00 midnight on Sundays,
provided that the licensee is in conformance with the Minnesota Clean Air Act,
and
B. Establishments holding both an On-Sale Intoxicating Liquor License and a
Sunday On-Sale License may sell intoxicating liquor and wine in conjunction
with the sale of food between the hours of 12:00 noon and 12:00 midnight on
Sundays.
Subd. 8 Hours of Consumption. No liquor or wine shall be consumed by any
person on, in or about a licensed premises more than 30 minutes following the time
established by this Subsection for cessation of the sale of wine or liquor.
Subd. 9 No Liquor or Wine in Non-Licensed Food Establishments. Except as
permitted by a license issued pursuant to this Section, no person shall take or carry any
wine or liquor into any food establishment as defined in Section 720 of this Code.
Subd. 10 Mixing or Sale for Mixing Prohibited. Except as permitted by a license
issued pursuant to this Section, no person shall mix with liquor or wine or sell for the
purpose of mixing with liquor or wine, any soft drink, other liquor or beverage in any
food establishment as defined in Section 720 of this Code.
Subd. 11 Illegal to Permit Mixing. Except as permitted by a license issued pursuant
to this Section, no person shall consume, or permit the consumption, mixing or spiking
900-10 Supplement 2003-01
City of Edina Liquor 900.11
of any beverage by adding to the same any liquor, in any building or place operated as
a food establishment as defined in Section 720 of this Code. The fact that any person in
any food establishment, as defined in Section 720 of this Code, sold any liquid or
beverage to a person who thereupon and therein added to such liquid or beverage any
liquor or wine shall be prima facie evidence that such liquid or beverage was sold by
such person for the purpose of adding liquor or wine and shall be prima facie evidence
that such person and the person's employer permitted the mixing or spiking of such
liquid by adding wine or liquor.
Subd. 12 Bottle Clubs Prohibited. Except as permitted by a license issued pursuant
to this Section, establishments or clubs that directly or indirectly allow the consumption
or display of wine or liquor, or knowingly serve any liquid for the purpose of mixing
with liquor or wine, shall be prohibited. Permits for bottle clubs issued by the
Commissioner under M.S. 340A.414 shall not be approved by the Council.
Subd. 13 Posting of License. A license issued under this Section shall be posted in a
conspicuous place in the licensed premises.
Subd. 14 Compact and Contiguous Premises. A license issued under this Section is
only effective for the compact and contiguous space specified in the approved license
application. No sales or consumption of wine or liquor shall be permitted beyond the
licensed premises. The licensed premises shall not be increased in size or seating
capacity during the then license period.
Subd. 15 Sobriety and Order. A licensee shall be responsible for the conduct of
business being operated and shall maintain conditions of sobriety and order.
Subd. 16 Adult Entertainment Prohibited. The Findings, Purpose and Objectives
of Section 1345 of the City Code are hereby incorporated by reference. No licensee
shall permit any specified sexual activities, the presentation or display of any specified
anatomical areas or the conduct of a sexually oriented business all as defined by Section
850 of this. Code on the licensed premises or in areas adjoining the licensed premises
where such activities or the conduct of such a business can be seen by patrons of the
licensed premises.
Subd. 17 State Law. All applicable provisions of State Law shall be complied with in
connection with the sale of wine and liquor.
900.11 Special Requirements for the On-Sale of 3.2 Percent Malt Liquor. In addition to
the requirements imposed by Subsection 900.10, the following special requirements apply
to the on-sale of 3.2 percent malt liquor:
Subd. 1 Place of Serving and Consumption. 3.2 percent malt liquor sold pursuant
to a 3.2 percent malt liquor license shall be served and consumed at tables in the dining
or refreshment room on the licensed premises and shall not be consumed or served at
bars; provided, the same may be consumed or served at the following locations:
A. At counters where food is regularly served and consumed.
900-11 Supplement 2003-01
I
i
City of Edina Liquor 900.12
I
B. On decks, patios and other outdoor dining areas which are adjacent to the
licensed premises.
C. On grounds of a golf course.
Subd. 2 Temporary Licenses. The provisions of Subd. 1 of this Subsection do not
apply to 3.2 percent malt liquor sold pursuant to a Temporary 3.2 Percent Malt Liquor
License.
I
900.12 Special Requirements for the On-Sale of Wine, Intoxicating Malt Liquor and
Intoxicating Liquor. In addition to the requirements of Subsection 900.10, the following j
special requirements apply to the sale of wine, intoxicating malt liquor and intoxicating
liquor sold pursuant to a Wine License or and On-Sale Intoxicating Liquor License issued
in accordance with this Section:
Subd. 1 Licensed Premises. The licensed premises must:
A. Have an exclusive entrance from and exit to the exterior of the building in
which the license premises is located or to a public concourse or public lobby,
and have a physical barrier separating the licensed premises from other areas so
as to prevent the passing of patrons other than through the required entrances
and exits.
B. Have a valid food establishment license issued pursuant to Section 720 of
this Code and have adequate space, as determined by the Sanitarian, for the
storage, preparation and handling or service of food, wine, and liquor.
C. The premises shall not have more than 15 percent of its seating capacity
located at a bar or service counter.
Subd. 2 Alcohol Awareness Training.
A. Within 30 days following the issuance of a new Wine License or a new On-
Sale Intoxicating Liquor License, not less than 75% of the employees authorized
to serve or sell wine or liquor on the licensed premises shall have completed an
alcohol awareness program approved by the Police Chief.
B. Not less than 75% of the employees authorized to serve or sell wine or
liquor on the licensed premises must complete an alcohol awareness program
approved by the Police Chief within 90 days prior to an application for license
renewal for a Wine License or a On-Sale Intoxicating Liquor License.
Subd. 3 Percentage of Food Sold. Not less than 60 percent of the restaurant's or
hotel's gross receipts from the combined sale of food, non-alcoholic beverages, wine
and liquor, on an annual basis, shall be attributable to the sale of food and non-
alcoholic beverages.
900-12 Supplement 2003-01
City of Edina Liquor 900.13
Subd. 4 Limit of Alcohol Strength. No wine over 14 percent alcohol by volume
may be sold or consumed on a premises holding a Wine License.
Subd. 5 Denied Sales or Consumption. No sales or consumption of wine or liquor
shall be permitted beyond the licensed premises.
Subd. 6 Container Volume Restrictions. Wine may not be sold, served or
consumed in containers larger in volume than one liter.
Subd. 7 Sale Prices. No licensee shall promote the consumption of wine or liquor
on the licensed premises by any means or methods which result in prices which are less
than those normally charged on the then regularly used menu, including, but not limited
to, two-for-one or similar offers, prizes, coupons, games or barters.
Subd. 8 Diluting, Changing, or Tampering with Wine or Liquor Prohibited. No
licensee shall sell, offer for sale or keep for sale, wine or liquor in any original package
that has been refilled or partly refilled. No licensee shall directly or through any other
person, dilute, or in any manner tamper with, the contents of any original package so as
to change its composition or alcoholic content while in the original package.
Possession on the premises by the licensee of any wine in the original package differing
in composition, alcoholic content or type from the wine received from the manufacturer
or wholesaler from whom it was purchased shall be prima facie evidence that the
contents of the original package have been diluted, changed or tampered with.
Subd. 9 Sales in Hotels. No sale of wine or liquor shall be made to or in guest
rooms of hotels unless:
A. The rules of such hotel provide for the service of meals in guest rooms;
B. The sale of such wine and liquor is made in the manner which conforms to
the requirements of Subsection 900.12;
C. Such sales is incidental to the regular service of meals to guests in their
rooms; and
D. The rules of such hotel and the description, location, and number of such
uest rooms are fully set out in the license application.
N� 900.13 Special Re irements for Temporary Licenses. In addition to the requirements of
Subsection 900 10 and Subd 4, Subd 6 and Subd 8 of Subsection 900.12, the following
special requirements apply to the sale of 3.2 percent malt liquor, wine and intoxicating
liquor sold pursuant to a Temporary On-Sale 3.2 Percent Malt Liquor License or a
Temporary On-Sale Intoxicating Liquor License issued in accordance with this Section:
Subd.l Licensed Premises. The licensed premises must have a physical barrier
separating the licensed premises from other areas so as to prevent the passing of patrons
in locations other than through approved entrances and exits.
Supplement 2003-01
City of Edina Liquor 900.14 j
Subd. 2 Sales and Consumption. No sales or consumption of alcoholic beverages
shall be permitted beyond the licensed premises.
I
Subd. 3 Manager. The Council may require that the licensed premises be under the
direct supervision of a manager approved by the Police Chief. In approving the
qualifications of the manager, the Police Chief shall consider the manager's experience
in overseeing the operation of an establishment that serves alcoholic beverages.
Subd. 4 Police Protection. If required by the Council, the applicant shall provide, at
the applicant's expense, policing of the license premises by security personnel approved
by the Police Chief.
Subd 5 Age of Servers. For a Temporary On-Sale Intoxicating Liquor License, all
persons engaged in the service of alcoholic beverages must be not less than 21 years of
age.
Subd. 6 Hours of Sale and Consumption. In addition to the provisions of Subd. 7
and Subd. 8 of Subsection 900.10 of this Code, the Council may further restrict the sale
and consumption of alcoholic beverages pursuant to a temporary license to certain
hours.
Subd. 7 Sale Prices.. . No licensee shall promote the consumption of alcoholic
bevera s on"die lkensed premisesby any means or methods which result in prices
which are less the those normally charged during the license term including, but not
lid to, two-ft-one offers,. happy hours, or other similar offers, prizes,. coupons,.
-orMars.
Subd. 8 Other Requirements. The City Council may impose other requirements, as it
deems necessary to promote public safety.
900.14 Restrictions on Transfer of License. No license shall be transferred to any person
or premises by the person or from the premises to whom and for which the license was
granted, by any means whatsoever, including, without limitation, devise or descent or
involuntarily by the operation of law, without the person and premises to whom and to which
the license is to be transferred having first submitted an application containing all of the
information required in an original application, and complying with all requirements for an
original license, and receiving the approval of the Council, and where required, the
Commissioner. Any change in the persons named in the original application or any change in
the information in such original application shall be deemed a transfer for the purposes of this
Section. Provided, however, the following changes shall not be deemed a transfer:
A. A change in the ownership of a limited partnership comprising 10% or less
cumulatively of the limited partnership during the then license period;
B. A change in ownership of a corporation comprising 10% or less
cumulatively of the stock owners during the then license period; or
Supplement 2003-01
City of Edina Liquor 900.17
C. A change in one of the corporation's officers during the term of the then
license. Provided, however, the corporation shall give notice of a change in
officer to the Clerk and the new officer shall comply with all requirements of
this Section and Section 160 of this Code.
900.15 Penalties; Revocation or Suspension. The penalty and remedy provisions of M.S.
340A.415 are hereby adopted and made a part of this Code and shall be useable by the City to
enforce this Section in addition to the provisions of Sections 100 and 160 of this Code.
Provided, however, the hearing required by said Statute before a license can be suspended or
revoked shall be before the Council and shall be held pursuant to the procedures set forth in
Section 160 of this Code.
900.16 Inactive Licenses. The City Council may revoke an On-Sale Intoxicating Liquor
License granted to an establishment which has i) failed to make satisfactory progress toward
completion of the construction of a new licensed premises or ii) ceased operation for a period
of six months or more. The provisions of Subsection 900.14 shall apply to such revocations.
900.17 Incorporation by Reference. The provisions of M.S. 340A. which are referenced
in this Section are hereby adopted and incorporated by reference and made a part of this
Section, including all regulations of the Commissioner which relate to such incorporated
provisions of M.S. 340A.
History: Ord 902 adopted 1-11-84; amended by Ord 902 Al 4-24-85, Ord 902-A2 12-11-85;
Ord 902-A3 4-23-86, Ord 902-A4 6-25-86, Ord 902-A6 12-19-89; Ord 902-A7 5-23-90; Ord
902-A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9, Ord 902 A10 4-10-91; Subsection 900.22
repealed by Ord 1993-1 1-20-93; Ord 1993-11 10-27-93, Subsection 900.26 repealed by Ord
1994-10 10-12-94, amended by Ord 1995-I1 12-19-95, amended by Ord 1997-14 12-1-97,
amended by Ord 1998-3 4-6-98; recodified by Ord 1999-4 3-1-99, amended by 1999-7; 3-15-
99; Ord 2000-1312-19-00; Ord 2001-6, Ord 2001-8, 11-20-01; Ord 2002-10, 1-21-03
Reference: Minnesota Laws 1973, Chapter 441 (Sunday sale licenses for clubs); Minnesota
Laws, 1980, Chapter 410 (Sales at Edina Foundation Ball), M.S. 340A, 349
Cross Reference: Sections 100, 160, 185, 720, 850; Subsection 115.12; Subsections 1230.02;
1230.07; 1230.08
Supplement 2003-01
City of Edina Streets and Parks 1230.02
Section 1230 - Conduct in Parks and Public Places
1230.01 Definitions. Unless the context clearly indicates otherwise, the following words and
phrases have the meanings given in this Subsection.
Park. Property owned by the City which is used or is usable for park, recreation or
open space purposes.
Programmed Park. Any enclosed park in which activities are programmed or
scheduled by the Park Director, including, but not limited to Edinborough Park.
Publicly Owned Property. Any property owned by the City, County or State.
Sidewalk. An improved thoroughfare located on a public right-of-way or public
easement limited to usage by pedestrians and non-motorized vehicles.
Sidewalk Cafe. Tables, chairs, benches and appurtenant equipment located on a
sidewalk (i) for the exclusive use by patrons of an abutting food establishment as
defined by Section 720 of this Code, or (ii) where the service of food or beverages is
offered to persons using such tables, chairs and benches.
Street. A right-of-way which is used or is usable as a public thoroughfare for
motorized or non-motorized vehicles or pedestrians. "Street" as used herein includes
public highways, streets, roads, and alleys.
1230.02 Conduct in Parks, Streets, Sidewalks, and Publicly Owned Property. No
person, in any park, street, sidewalk or publicly owned property, shall:
A. Cut, break, scratch, mark or in any way injure or deface or remove any building,
fence, post, pump, lamp, flagpole, construction work, improvement, facility or any
other structure or property.
B. Post, paste, fasten, paint or affix any placard, bill, notice, or sign upon any motor
vehicle, structure, pole, tree, stone, fence, thing or enclosure unless first authorized in
writing by the City.
C. Pick or cut any wild or cultivated flower, or cut, break, or in any way injure or
deface any tree, shrub or plant, provided that a property owner may prune trees and
shrubs on the street right-of-way adjoining his or her property subject to the permission
of the Park Director.
D. Remove any wild flower, tree, shrub, plant, branch or portion thereof, or any soil
or other material.
E. Go on foot or otherwise upon grass or turf where a prohibitory sign is posted.
1230 - 1 Supplement 2003-01
Streets and Parks 1230.02
City of Edina
stone or other object, or aim or discharge any air gun, sling shot
F. Throw or cast any P ame or recreation permitted in
or other weapon except according to the rules of a g
writing by the City.
De osit, place or leave any paper, rubbish, waste, cans, bottles, or refuse of any
G P
kind except in receptacles provided for the collection of waste.
De osit, place, or leave in publicly owned waste receptacles refuse generated from
I
H. P
normal household or business activities.
Start or maintain any fire except small fires made by picnic parties in those locations
I• he
in parks designated for that purpose by t City
J. Abandon any
fire made pursuant to paragraph I. of this Subsection without
completely extinguishing the fire and depositing thed for waste als from such fire, after
e ashes or c
they have cooled sufficiently, in receptacles prove
K. Perform acts prohibited by Section 1000 of this Code.
e, ferret9
or prepare or use any trap, snare, artificial lightof catching,ird ntaing or
M. Set, lay, P
hawk or any contrivance or device whatever for the purpose
killingany bird or wild creature. The prohibition in or done undergraph htsld�e ton o�
trapping by any means para
or methods done by the City, permission of
done by any other governmental agencyora validtmen witing licensethe rissued by the State
the Manager, or done by any person w
ith and with the written permission of the Manger. All trapping shall be done in
accordance with State Law-
N.
Start or land an airplane, helicopter, balloon or other aircraft without the written
permission of the Manager.
O. Consume intoxicating or non-intoxicating malt liquor, wine, or intoxicating liquor,
as defined in Section 900 of this Code, except that:
1. 3.2P ercent malt liquor, intoxicating malt liquor and wine which is dispensed
be
b the City or by an authorized agent of the Ctmaythe rules and regulations
med subject to
Y
other applicable provisions of this Code and subjectg laces:
of the Park Director pursuant to Subsection 1230.06 in the followin p
a. Inside the clubhouse building or on decks, patios xj other outdoor
to the��u�suJe building at Braemar
dining areas which are adjacent
Golf Course and at Fred Richards Golf
b. Inside the EdinbaT=;.jgh Park buildingthe AcresePark,lthe Edina Art
Lakes Park
Centrum build'i.9, the building at Arneson
1230 - 2 Supplement 2003-01
City of Edina Streets and Parks 1230.02
Center Building, the Edina Senior Center and on decks, patios and other
outdoor dining areas which are adjacent to such buildings.
2. 3.2 percent malt liquor which is dispensed by the City or by an agent of the
City pursuant to a temporary on-sale 3.2 percent malt liquor license issued in
accordance with Section 900 of this Code may be consumed subject to other
applicable provisions of this Code and subject to the rules and regulations of the
Park Director pursuant to subsection 1230.06 within the confines of the ball
field complex at Van Valkenburg Park.
3. 3.2 percent malt liquor which is dispensed by the City or by an agent of the
City pursuant to a 3.2 malt liquor license issued in accordance with Section 900
of the City Code may be consumed subject to other applicable provisions of this
Code and subject to the rules and regulations of the Park Director pursuant to
Subsection 1230.06 on the grounds of Braemar Golf Course and Fred Richards
Golf Course.
4. 3.2 percent malt liquor, intoxicating malt liquor, and wine may be consumed
at sidewalk cafes which are licensed in accordance with Section 900 of this Code
and which are authorized by a permit issued pursuant to Subsection 1230.07 of
this Code.
5. Alcoholic beverages may be consumed on premises holding a Temporary
On-Sale 3.2 Percent Malt Liquor License or. a Temporary On-Sale Intoxicating
Liquor License issued pursuant to Section 900 of this Code and which are
authorized by a permit issued pursuant to Subsection 1230.08 of this Code.
P. Destroy, injure, or tamper with any sewer, storm sewer, water main, culvert or any
part thereof including manhole covers, tanks or valves.
Q. Hitch any animal to a lamp post, hydrant, drinking fountain, tree or other structure
or picket an animal to the ground.
R. Park or occupy a vehicle or occupy a street or sidewalk to sell any farm produce or
any other product or property, or for conducting any business or selling of services
except as provided in Subsection 1230.07 of this Code.
S. Place any vehicle to display the vehicle for sale or exchange.
T. Work, grease, repair, change oil or maintain in any way a vehicle, except as
necessitated by an emergency.
U. Use a skateboard, roller skates, in line roller skates or blades, or similar devices,
(i) in a municipal parking facility, (ii) on or across a sidewalk within or adjoining
property in the PC-1, PC-2, or PC-3 Districts as defined by Section 850 of this Code,
or (iii) upon the traveled portion of a street. Notwithstanding the foregoing, roller
1230 - 3 Supplement 2003-01
i
City of Edina Streets and Parks 1230.03
skates or in-line roller skates or blades may be used on the traveled portion of streets if
no adjoining sidewalk is present.
V. Feed any wild animal or bird, or deposit a food source for wild animals or birds.
1230.03 Additional Restrictions for Parks and Publicly Owned Properties. In addition to
the requirements of Subsection 1230.02, no person shall in any park or publicly owned
property:
A. Place or keep any goods, wares, merchandise or other articles without the written
permission of the Park Director.
B. Participate in or conduct any band procession, parade or military formation without
the written permission of the Park Director.
C. Promote or participate in an entertainment or exhibition without the written
permission of the Park Director.
D. Give any public speech or hold or participate in any rally, convention, assembly or
meeting without the written permission of the Park Director, which shall be withheld
only when necessary to prevent conflict with regular park activities.
E. Sell or offer for sale any article in any public park; provided, that refreshments or
other articles may be sold by the City or by persons authorized to do so by the Park
Director.
F. Be in or remain in any vehicle, or park or leave unattended any vehicle, between
the hours of 12 midnight and 6A.M., except when the vehicle is moving upon a street
or when permitted by the Park Director.
G. Drive or park a vehicle on any area not designated for parking or travel.
H. Take or allow any dog or other animal where forbidden by posted signs.
I. Take or allow any horse or other livestock upon any park, publicly owned property
or public waters without the written permission of the Park Director.
J. On any public skating rink, no person shall race, play games which interfere with
the general public use, use hockey sticks or pucks in areas not marked for hockey play,
or loiter in public warming houses.
K. Play or participate in baseball, diamond ball, basketball, football, golf, tennis,
archery or any other game or sport except in or upon appropriate areas established by
the City for such game or sport.
L. Play upon, use, or enter any publicly owned property without having first paid an
admission or entry fee when one is required.
1230 - 4 Supplement 2003-01
City of Edina Streets and Parks 1230.04
M. Bathe or swim in water adjoining a park except at places and during hours shown
by signs placed by the City.
N. Be in or remain within the park before or after posted hours of operation without
the written permission of the Park Director.
1230.04 Additional Restrictions for Programmed Parks. In addition to the requirements of
Subsections 1230.02 and 1230.03, no person in a programmed park shall:
A. Act in a manner that is disruptive or distracting to programmed or scheduled
activities.
B. Use the park or any equipment in a manner inconsistent with the programmed or
scheduled activities.
C. Physically obstruct or hinder free passage on walkways and paths within the park.
D. Run or move rapidly along walkways or pathways within the park in a manner that
would interfere with sedentary use of the park or would be disruptive or dangerous to
pedestrian traffic within the park.
E. Be or remain within the park before or after posted hours of operation without
written permission of the Park Director.
F. Be or remain within any area of the park closed to public use without written
permission of the Park Director.
G. Walk, run, climb, sit, stand or be physically present in any area designed for or
planted with vegetation, or be in any water area or other area not designed for human
activity.
H. Use any electric sound receiving, transmitting or reproducing device in such a
manner as to annoy or disturb persons within the park, or disturb or interfere with
programmed or scheduled activities.
I. Use or consume alcoholic beverages contrary to this Code or contrary to any rules
and regulations of the Park Director or contrary to any license or lease by which the
user or consumer is within the park.
J. Use or consume alcoholic beverages not dispensed by a person or group duly
licensed by the City to use the park.
K. Use tobacco in any form.
L. Operate skateboards, roller skates, in line roller skates or blades, bicycles, scooters,
or similar vehicles or devices, unless part of a programmed or scheduled activity.
1230 - 5 Supplement 2003-01
i
I
I
Streets and Parks 1230.07
City of Edina
M• Act disorderly.
N. Trespass. requirements of
In addition to the
Requirement on
noanv lake, pond or stream within the City
1230.05 Additional Req
Subsection 1230.02, no person shall o Y
helicopt
er balloon or other aircraft without the written
A. Start or land an airplane, used for
permission of the Manager.
boat or other watercraft m mess being
Use any mechanically propelled ond, or s
B les and
emer ency rescue or the maintenance of the lake, P tate Law and the �
g fiance with 5
of the Department of Natural Resources
watercraft unless in full comp
C. Use any commissioner
regulations of the State
se of personal floatation devices. portable and is removed
including the u
maintain a shelter on the ice unless the shelter is p
D. Erect or ma
each day
e ice provided that a manufactured heater. using
Start or maintain any fire on th
E. be used.
liquid or gaseous fuel may adopt additional rules
Regulations The Park Director may
use and enjoyment of
rul tions of this Code governing
1230,06 Additional Rules and Reg publicly owned
s not contrary to the P onds, streams and other P laces where they
and regulation lakes, p the p
ro rammed parks' Playgrounds, osted or publicly announced �posted may be excluded
parks, p g prominently p regulation so P Publicly owned
properties which shall be
person who.violates lamkee pond, stream or other p
are intended to apply d park,
from the use of the park, programme
ma in addition be prosecuted as for a misdemeano
r.
property and Y Cafes-
arts
ng permitted ton
is for Pushcarts and Sidewalk
1230
.07 Special
permits 30, certain pushcarts and sidewalk cafes are
requirements of this Section 1 be
Subject :v �G requirements of this Subsection.
a�-- Section 720 of this Code, entitled,
Pushcarts, as defined by the HRAt
pushcarts, plan prepared by
subject to a perms
Subd. 1 s within the area included in the P P 1974,
located on sidewalk ercial Area Plan" dated December 3,
"50th and France Comm
issued pursuant to this Subdivision-
issued ,ion 160 of this Code, no permit shall
1n addition to the requirements of S,`
heart unless *.'''" =°Bowing requirements are met:
A. a pus
must be licensed in accordance with Section 72 °
be issued for
1. Tbfshcart m
Code. Supplement 2003-'
1230 - 6
City of Edina Streets and Parks 1230.07
2. The applicant for a permit must possess a valid food establishment
license or take-out food license, pursuant to Section 720 of this Code, for a
food establishment located in the 50th and France commercial area.
3. The pushcart shall not exceed eight feet in length, four feet in width,
and eight feet in height.
4. The pushcart shall be equipped with casters or wheels to permit ease of
movement.
5. The pushcart shall be equipped with facilities for the disposal of trash
generated by the pushcart.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of pushcarts:
1. Pushcarts shall be parked on public sidewalks and walkways only in
those locations specified in the permit.
2. Pushcarts shall be stored indoors following the close of business each
day.
3. Only food or beverages for immediate consumption may be offered from
the pushcart.
4. Cleaning, servicing, and maintenance of the pushcart shall be
undertaken only in an area approved by the Sanitarian.
C. Permits issued pursuant to this paragraph shall expire on March 31 of each
calendar year.
D. The number of permits which may be in force under this Subd. 1 at any one
time shall not exceed six.
Subd. 2 Sidewalk Cafes. Sidewalk cafes may be located on sidewalks subject to a
permit issued by the City Manager pursuant to this Subdivision. Applications for a
sidewalk cafe permit shall be made on forms supplied by the Clerk and shall include a
plan drawn to scale which illustrates the exact location of the proposed sidewalk cafe
together with distances and dimensions of the adjoining buildings, the sidewalk, the
distance to and location of the traveled portion of the street and distances to all
obstructions in the vicinity. The application shall be accompanied by the fee set forth
in Section 185 of this Code. If the application is denied, the application fee less $100
shall be returned to the applicant.
A. In addition to the requirements of Section 160 of this Code, no permit shall
be issued or renewed for a sidewalk cafe unless the following requirements are
met:
1230 - 7 Supplement 2003-01
i
City of Edina Streets and Parks 1230.07
i
1. The applicant must possess a valid food establishment license pursuant
to Section 720 of this Code.
2. A distance of at least 200 feet shall be maintained between the nearest
point of the sidewalk cafe to the nearest point of property used for
residential purposes.
3. The applicant must furnish to the Clerk, evidence that public liability
insurance has been procured for any death or personal injury arising from
the ownership, maintenance, or operation of the sidewalk cafe in amounts
not less than $100,000 for injury to or death of one person, of$300,000 for
any one incident, and not less than $50,000 for damage to property arising
from any one incident. The applicant shall maintain such insurance in
effect at all times during the term of the permit. The City shall be named as
an additional named insured in the policy providing such insurance.
4. The applicant shall indemnify and hold the City and the City's officials
and employees harmless from any loss, cost, damage and expenses arising
out of the use, design, operation, or maintenance of the sidewalk cafe.
5. The area occupied by the sidewalk cafe shall abut and shall be operated
as part of the food establishment operated by the applicant. No part of the
sidewalk cafe shall adjoin any premises other than the applicant's food
establishment.
6. The City Manager shall find that the sidewalk cafe will not unduly
restrict the safe usage of the sidewalk by the public after taking into
consideration the location of obstructions, vehicular traffic and other
impediments to the passage of pedestrians. The City Manager shall renew a
permit only upon finding that the operation of the sidewalk cafe complied
with all provisions of this Subdivision and did not constitute a nuisance as
defined by Section 1035 of this Code.
B. In addition to the requirements of Section 720 of this Code, the following
requirements shall apply to the operation of sidewalk cafes.
1. Only food or beverages for immediate consumption may be offered for
sale.
2. Intoxicating liquors, beer or wine may be consumed only if the sidewalk
cafe is licensed pursuant to Section 900 of this Code.
3. No expansion of the area occupied by the sidewalk cafe from that shown
on the permit application shall be made.
1230 - 8 Supplement 2003-01
City of Edina Streets and Parks 1230.08
4. No tables, chairs, furnishings, planters, railings or other obstructions
shall be placed or remain on the sidewalk between November 1 and April 1
except on a day to day basis when the sidewalk cafe is open for business.
5. The applicant shall maintain the sidewalk cafe in a clean and sanitary
condition as required by Section 720 of this Code.
6. The applicant shall promptly replace or repair any damage to the
sidewalk or other public property caused by the applicant's use of the
sidewalk as a sidewalk cafe.
C. Permits issued pursuant to this Subdivision shall expire on March 31 of each
calendar year.
1230.08 Special Permits for Temporary Liquor Licenses. The City Council may issue a
special permit to the holder of a Temporary On-Sale 3.2 Percent Malt Liquor License or a
Temporary On-Sale Intoxicating Liquor License issued pursuant to Section 900 of this Code
for the purpose of occupying a park, street, sidewalk or publicly owned property with a
licensed premises. Applications for a special permit shall be made on forms supplied by the
Clerk and shall include a plan drawn to scale which illustrates the exact location of the licensed
premises and all proposed signs, including signs attached to vehicles, that will be used to
identify the licensed premises or to promote the sale of alcoholic beverages. The application
shall be accompanied by the fee set forth in Section 185 of this Code. In addition to the
requirements of Section 160 of this Code, no permit shall be issued pursuant to this Subsection
unless the following requirements are met:
A. The City Council shall find that the issuance of the permit i.) will not be
detrimental to or endanger the public health, safety, morals and general welfare,
ii.) will not cause undue traffic hazards, congestion or parking shortages and
iii.) will not be injurious to the use and enjoyment, or decrease the value of
other property in the vicinity, and will not be a nuisance.
B. No signs or symbols of any kind shall be used to identify the licensed
premises or product dispensed therein other than those specifically approved by
the City Council.
C. The permit holder shall indemnify and hold the City harmless from any loss,
cost, damage and expense arising out of the holder's use, design, operation or
maintenance of the property. The indemnity shall be on forms provided by the
Clerk.
D. The permit holder shall furnish to the Clerk evidence that public liability
insurance has been procured for any death or personal injury arising from the
ownership, use, operation or maintenance of the property in the amounts of not
less than $100,000 for injury to or death of one person, of$300,000 for any one
incident, and not less than $50,000 for damage to property arising from any one
incident. The permit holder shall maintain such insurance in effect at all times
1230 - 9 Supplement 2003-01
City of Edina Streets and Parks 1230.09
I
during the term of the permit. The City shall be named as an additional named
insured in the policy providing such insurance.
E. The permit holder shall furnish a surety bond, letter of credit or cash deposit
in an amount determined by the City Council but not less than $5,000 to be used
by the City for the purpose of replacing or repairing any damage to public
property caused by the permit holder's use. A surety bond shall be from a
corporate surety authorized to do business in the State. The surety bond, letter
of credit or cash deposit shall be released by the City upon completion of the
repair or replacement of any damage to public property.
F. The City council may impose other requirements and conditions necessary
to promote public safety.
1230.09 Exception. The provisions of this Section 1230 shall not apply to employees and
agents of the City who are performing job related duties under the direction of the Manager,
Engineer, or Park Director.
History: Ord 1222 codified 1970, amended by Ord 1222-A1 11-29-78, 1222-A2 11-28-79,
1222-A3 6-24-87, Ord 1993-5 4-28-93; Ord 1994-6 7-27-94; Ord 1995-6 8-17-95, Ord 1997-
1412-15-97; Ord 1999-7 3-15-99; Ord 2001-710-3-01; Ord 2002-101-21-03
Cross Reference: Sections 160, 720, 900, 1000
1230 - 10 Supplement 2003-01
City of Edina Land Use,Platting and Zoning 850.21
Subd. 11 Appeals Any party aggrieved by a decision of the Heritage Preservation
Board or an administrative official may appeal such decision by filing a written appeal
with the City Clerk no later than ten days after the decision of the Heritage Preservation
Board or the administrative official. If not so filed, the right of appeal shall be deemed
waived and the decision of the Heritage Preservation Board or administrative official
shall be final. Upon receipt of the appeal, the City Clerk shall transmit a copy of said
appeal to the Heritage Preservation Board. The Council shall hear and decide all
appeals in the manner provided by paragraph H of Subsection 850.04 of the Code.
Subd. 12. Violation. Violations of the provisions of this chapter or the conditions of
approval granted thereunder shall be a misdemeanor. This chapter may also be enforced
by injunction, abatement, or any other appropriate remedy in any court of competent
jurisdiction.
Subd. 13 Maintenance Of Heritage Landmark Properties. Every owner or person in
possession of a designated heritage landmark shall keep the property in good repair.
850.21 Floodplain Overlay District (FD).
Subd. 1 Statutory Authorization, Findings of Fact and Purpose.
A. Statutory Authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes, Chapter 103F and Chapter 462, delegated the responsibility to
local government units to adopt regulations designed to minimize flood losses.
Therefore, the Council does adopt this Subsection 850.21.
B. Findings of Fact. In addition to the findings set forth in Subsection 850.01 of
this Code, it is hereby further found and declared that:
1. The flood hazard areas of the City are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment of the
tax base, all of which adversely affect the public health, safety, and general
welfare.
2. This Subsection 850.21 is based upon a reasonable method of analyzing
flood hazards which is consistent with the standards established by the
Minnesota Department of Natural Resources.
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.
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City of Edina Land Use,Platting and Zoning 850.21
6. Such lands are necessary and desirable to avoid rapid runoff of surface
waters, to prevent polluting materials from being carried directly into the
watercourse or water body, to preserve adequate ground water infiltration,
to protect surface and ground water supplies, and to minimize the
possibility of periodic flooding.
C. Statement of Purpose. It is the purpose of this Subsection 850.21 to guide and
regulate the orderly development of such lands to ensure maintenance and
preservation, in their natural state, of needed and desirable natural water storage
areas, and watercourses and water bodies and their shorelines and adjacent
vegetation and topography and to minimize the possibility of, and pollution and
losses resulting from, runoff and flooding, all thereby to promote and protect the
public health, safety and general welfare.
Subd. 2 Definitions. The words and phrases used in this Subsection 850.21 shall be
subject to the rules of construction and definitions in Subsection 850.03 and, to the extent
defined below, shall have the following meanings for purposes of this Subsection:
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor or base
below ground level on all four sides, regardless of the depth of excavation below
ground level. This definition shall apply only to this Floodplain Overlay District
Subsection and, for purposes of this Subsection, this definition shall control over
the definition in Subsection 850.03.
Channel. A natural or artificial depression of perceptible extent, with definite
beds and banks to confine and conduct, either continuously or periodically, the
waters in the respective creeks of Nine Mile Creek and Minnehaha Creek.
Commissioner. The Commissioner of Natural Resources of the State of
Minnesota.
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining Eq g g 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
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City of Edina Land Use,Platting and Zoning 850.21
watercourse which have been or hereafter may be covered by the regional flood.
The floodplain includes the floodway and the flood fringe.
Floodplain District or Floodplain Overlay District. A zoning district, the
boundaries of which coincide with the boundaries of the floodplain. The floodplain
district includes the floodway and the flood fringe.
Floodplain Districts. The Floodplain District, the Floodway District, and the
Flood Fringe District.
Flood-proofing. A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining floodplain which are reasonably required to carry or
store the regional flood discharge.
Map. The Official Flood Plain Zoning Map herein described.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, material, equipment, or matter in, along, across,
or projecting into any channel, watercourse, or floodplain which may impede,
retard, or change the direction of the flow of water, either by itself or by catching
or collecting debris carried by such water.
Principal Use or Structure. All uses or structures that are not accessory uses or
structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban area,
the segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used
in the Flood Insurance Study prepared for the City by the Federal Insurance
Administration dated November 1979.
Regulatory Flood Protection Elevation. An elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the floodplain; the elevation to which uses regulated
by this Subsection 850.21 are required to be elevated or floodproofed.
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
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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. I
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
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City of Edina Land Use, Platting and Zoning 850.21
Subsection 850.21 to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Subsection imposes
greater restrictions, the provisions of this Subsection shall prevail.
D. Warning and Disclaimer of Liability. This Subsection 850.21 does not imply
that areas outside the floodplain districts or land uses permitted within such
districts will be free from flooding or flood damages. This Subsection shall not
create liability on the part of the City or any officer, official, or employee thereof
for any flood damages that result from reliance on this Subsection or any City
action taken or administrative, Board, Commission, or Council decision lawfully
made hereunder.
E. Other Zoning Districts and Provisions. The inclusion of land within the
Floodplain Overlay District shall not change or affect, in any way, the uses
allowed on, and the restrictions and requirements then or thereafter applicable to,
the land under any other zoning classification in which the land is then or thereafter
located, all of which shall continue to apply, but the additional restrictions of the
Floodplain Overlay District shall also apply to such land. Where the provisions in
this Subsection 850.21 are inconsistent with or contradictory to the provisions in
any other section of this. Code, then the most stringent provisions shall apply and
be complied with.
Subd. 4 Establishment of Zoning Districts.
A. Districts.
1. Floodplain District (FD). The Floodplain District includes those areas
designated as floodway and flood fringe on the Map.
2. Floodway District (FW). The Floodway District includes those areas
designated as floodway on the Map.
3. Flood Fringe District (FF). The Flood Fringe District includes those
areas designated as flood fringe on the Map.
B. Compliance. No structure wholly or partially within the Floodplain District
shall be hereafter located, extended, converted, or structurally altered, and no use
of any land wholly or partially within the Floodplain District shall hereafter be
changed without full compliance with the terms of this Subsection 850.21, and
other applicable regulations which apply to structures or uses within the
jurisdiction of this Code. Within the Floodway and Flood Fringe Districts, all uses
not listed as 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.
850-105 Supplement 2003-01
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 (FW).
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
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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
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City of Edina Land Use, Platting and Zoning 850.21
be allowed in the floodway.
9. A levee, dike or floodwall constructed in the floodway shall not cause an
increase to the regional flood, and any technical analysis submitted to the
City to evidence lack of such an increase must assume equal conveyance or
storage loss on both sides of a stream.
10. No conditional use shall be allowed unless such use has received all
required approvals from all other governmental bodies having jurisdiction.
Subd. 6 Flood Fringe District (FF).
A. Permitted Uses. Permitted uses shall be those uses of land or structures listed as
permitted uses in the underlying zoning districts established by this Section 850.
All permitted uses shall comply with the standards in paragraphs B. and E. of this
Subd. 6.
B. Standards for Flood Fringe District Permitted Uses.
1. All structures, including accessory structures, must be elevated on fill so
that the lowest floor including the basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than one foot below the regulatory flood
protection elevation and the fill shall extend at such elevation at least 15 feet
beyond the outside limits of the structure erected thereon.
2. As an alternative to elevation on fill, accessory structures that constitute
a minimal investment and that do not exceed 500 square feet for the outside
dimension at ground level may be internally floodproofed to the FP-3 or
FP-4 flood proofing classification in the Building Code then being enforced
in the City.
3. The cumulative placement of fill which results, at any one time, in excess
of 1,000 cubic yards of fill being located on the parcel shall be allowable
only as a conditional use, unless said fill is specifically intended to elevate a
structure in accordance with paragraph 1. of this Subd. 6.
4. The storage of any materials or equipment shall be elevated on fill to the
regulatory flood protection elevation.
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
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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 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
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City of Edina Land Use, Platting and Zoning 850.21
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
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
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City of Edina Land Use,Platting and Zoning 850.21
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,
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
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City of Edina Land Use, Platting and Zoning 850.21
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 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
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City of Edina Land Use,Platting and Zoning 850.21
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 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,
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City of Edina Land Use,Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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 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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use,Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
permit or variance under this Subsection 850.21, together with a copy of the
application for the conditional use permit or variance, not less than ten days before
the date of hearing. Also, a copy of each conditional use permit or variance issued
or granted shall be forwarded to the Commissioner within ten days after issuance
or granting thereof.
E. Lapse of Conditional Use Permit or Variance by Nonuser, Extension of Time.
1. If within one year after the date of the meeting at which the conditional use
permit was granted or issued, or after the date of the meeting of the Board, or
the Council on appeal, at which the variance was granted, the owner or
occupant of the affected land shall not have obtained a building permit, if one is
required, and commenced the work authorized by such conditional use permit or
variance, then the conditional use permit or variance shall become null and void
unless a petition for an extension of time in which to commence such work has
been granted, as provided herein.
2. The petition for extension:
a. shall be in writing, and filed with the Planner within said one year period;
b. shall state facts showing a good faith attempt to use the conditional use
permit or variance; and
c. shall state the additional time requested to commence such work.
The petition, if it relates to a conditional use permit, shall be heard and decided in
the same manner as the original petition for a conditional use permit, unless such
procedures have been changed by amendment to this Code, in which event the then
applicable procedures shall be used. The petition, if it relates to a variance, shall be
presented to the Board for hearing and decision, and appeal to the Council, in the
same manner as the original request for a variance, unless such procedures have
been changed by amendment to this Section, in which event the then applicable
procedures shall be used. In determining whether the petitioner has made a good
faith attempt to use such special permit or variance, the Planner, Board or Council
may consider such factors as the design, size, expense and type of the proposed
work.
Subd. 12 Non-Conforming Obstructions and Uses, Lapse, Destruction. An
obstruction or the use of an obstruction or premises, which was lawful when constructed,
placed or commenced, but which is not in conformity with the provisions of this Section,
may be continued, subject to the following conditions:
A. No such obstruction or use shall be expanded, changed, enlarged or altered in
any way without such expansion, change, enlargement or alteration complying, in
all respects, with this Section, including, but not limited to, the obtaining of all
required conditional use permits and variances.
B. The cumulative cost (calculated at a then current cost) of all expansions and
alterations of, and additions to, any such obstruction since April 23, 1980 to the
then current date shall not exceed 50 percent of the market value of such
obstruction as then determined by the Assessor for real estate tax purposes, unless
the effect of such expansions, alterations and additions is to convert such
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City of Edina Land Use,Platting and Zoning 850.21
obstruction into a conforming obstruction and use. The City shall determine the
then current cost of the cumulative cost of all such expansions, alterations and
additions using such methods as the City shall determine.
C. If such use of such obstruction or such premises is discontinued for one year or
longer, any subsequent use of the obstruction or premises shall comply, in all
respects, with this Subsection 850.21, including, but not limited to, the obtaining
of all required conditional use permits and variances.
D. If any non-conforming obstruction is destroyed or damaged by any means,
including floods, to the extent that the cost of repairing or restoring such
destruction or damage is 50 percent or more, as determined by the Engineer or
some other person designated by the Manager, of the cost of re-erecting a new
obstruction of like kind and quality and of the same physical dimensions and
location, then it shall not be reconstructed except in full compliance, in all
respects, with the provisions of this Section, including, but not limited to, the
obtaining of all required conditional use permits and variances.
Subd. 13 Right of Passage. It shall be unlawful for any person, without a conditional
use permit obtained pursuant to this Subsection 850.21, to place any obstruction in Nine
Mile Creek or Minnehaha Creek or to obstruct, in any way, the passage of watercraft, or
to interfere, in any way, with the use by the public of the beds, banks, waters or channels
of said creeks, except obstructions placed by the appropriate watershed district and used
for floodplain management, in which event adequate provision shall be made for portaging
and passage of watercraft.
Subd. 14 Removal of Obstructions.
A. Natural Obstructions. The City shall have the right of reasonable entry upon
lands in the floodplain, including those adjoining Nine Mile Creek and Minnehaha
Creek, for the purpose of ingress to and egress from the floodplain and the beds,
banks, channels and waters of the creeks and water bodies therein to remove any
natural obstructions such as, but not limited to, trees, debris, litter and silt.
B. Artificial Obstructions. Any artificial obstruction of the beds, banks, channels
or waters of Nine Mile Creek or Minnehaha Creek or in the flood plain made
subsequent to February 8, 1973 and not made pursuant to a permit or variance
granted by the City shall be removed by the owner of the adjoining land within ten
days after mailing to such owner of a demand to do so by the Planner. If the owner
shall fail or refuse to remove the obstruction within said time, or if the owner
cannot be found or determined, the City may remove such obstruction and the costs
thereof shall be paid by the owner on demand, and if not paid, such costs may be
assessed against the land and collected in the same manner as prescribed by law for
levying and collecting special assessments for municipal improvements.
Subd. 15 Violation, Penalties, Remedies. The provisions, penalties and remedies set
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 2003-02
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City of Edina Land Use,Platting and Zoning 850.21
i
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.
i
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825 Al not published; amended
by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-86, 825-A7 5-
28-86, 825-A8 2-19-86, 825-A9 5-28-86, 825 A10 not granted; 825-All 9-2-87, 825-Al2 12-24-86;
825-A13 referred to staff--Council minutes 1-16-87, amended by 825-A14 12-24-86, 825-A15 2-11-87,
825-A16 2-11-87, 825-A17 not developed; 825-A18 9-2-87, 825-A19 5-27-87, 825-A20 4-29-89; 825-
A21 not developed; 825-A22 3-23-88, 825-23 referred to Planning Commission 6-06-88, 825-A24
withdrawn; 825-A25 5-03-89, 825-A26 8-24-88; 825-A27 10-30-91; amended by 825-A28 5-03-89, 825-
A29 5-03-89, 825-A30 12-13-89, 825-A31 10-25-89, 825-A32 12-20-89, 825-A33 1-31-90, 825-A34 8-
29-90, 825-A35 8-29-90, 825-A36 8-29-90; 825-A37 reconsidered; 825-A38 I1-28-90. Amended by
Ord. 850-Al 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 All, 7-7-97, Ord 850-Al2, 9-15-97, Ord 1997-11 11-5-97, Ord
850-A13, 2-17-98; Ord 850-A14, 5-18-98, Ord 850-A15, 9-22-98, Ord 1999-I1, 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
-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, Ord 2003-06, 6-3-03, Ord 2003-1212-16-03
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross-Reference: Sections 185, 705, 801, 805, 810, 815, 1045, 1310, 1345, 1405
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 2003-02