HomeMy WebLinkAbout2005-02 Supplement Old Pages Memorandum
Date: December 21,2005
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement 2005-02
1 am sending you the newest update for your Edina City Code book, Supplement No.2005-02. This supplement
contains all ordinances adopted by the City Council through December 20,2005. Please replace the following
pages as noted:
Table of Contents—Replace all four pages due to addition of Sections 190, 1221, and 1311
Section 150—Replace entire section, amended by Ord. No.2005-10
Section 185-Schedule A—Replace entire section, amended by Ord. No.2005-14, new fees and
charges for 2006. Effective date is January 1,2006 for most of these fees.
Section 190—New section enacted by Ord. No.2005-12
Section 445—Replace entire section, amended by Ord. No.2005-06
Section 805—Replace entire section,amended by Ord No.2005-07
Section 850 Replace pages 69-70,75-76 and 85-127,amended by Ord. No.2005-03 and Or. No.
2005-06
Section 900—Replace pages 8, 9&15,amended by Ord. No. 2005-05
Section 1221 —New section enacted by Ord. No.2005-08
Section 1225—Replace entire section, amended by Ord. No.2005-07
Section 1310—Repealed by Ord. No.2005-11, remove
Section 1311 —New section enacted by Ord. No.2005-11
Feel free to contact me with any questions regarding this supplement or Edina's Code. I would also like to note
that the City's Code can also be found on our web site at www.ci.edina.mn.us.And please be sure to let me
know if you spot an error so it can be corrected with the next supplement. Thanks!
CITY OF EDINA CODE
TABLE OF CONTENTS
Ordinance No. 1 - An Ordinance Codifying the General Ordinances of the City of Edina,
Minnesota; Adopting a New City Code; Retaining Certain Ordinances; and
Repealing Certain Ordinances
CHAPTER 1. GENERAL CODE PROVISIONS AND ADMINISTRATION
Section 100 - City Code; Penalties for Violation
Section 105 - Definitions
Section 110 - Incorporation of State Law
Section 115 - The Council, Officer and Surety Bonds
Section 120 - Salaries for Council Members
Section 125 - Registration of Voters
Section 126 - Absentee Ballot Board
Section 130 - Election of Council Members
Section 140 - Human Relations Commission
Section 145 - Recycling and Solid Waste Commission
Section 150 - Personnel Policy
Section 155 - Disposal of Unclaimed Property
Section 160 - General Licensing Procedure
Section 165 - License Registration and Bond for Building Trades
Section 175 - Notice of Violation
Section 180 - Removal of Members of Boards, Commissions, and Committees
Section. 1 85(� Fees
CHAPTER 2. PUBLIC DANCES LAWFUL GAMBLING & AMUSEMENT DEVICES
Section 200 - Public Dances
Section 215 - Gambling
Section 220 - Mechanical Amusement Devices
Section 225 - Special Events Code
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 2004-1
Section 430 - Regulating Installers of Gas Piping or Gas Burning Systems, Oil Burners,
Stokers, Steam or Hot Water Heating Systems, Mechanical Warm Air
Heating and Air Conditioning Systems, Refrigeration Systems, Plumbing
and Water Conditioning Equipment
Section 435 - Regulating Mechanical and Gas Piping Work
Section 440 - Regulating Plumbing and Installation of Water Cooling Equipment
Section 445 - Requiring Connections to Sanitary Sewer and Water Systems; Regulating
Discharges into Sanitary Sewer System
Section 450 - Swimming Pools
Section 455 - Public Bathrooms and Restrooms
Section 460 - Signs
Section 470 - Dangerous or Substandard Buildings
Section 475 - Parking Ramps
Section 480 - Exterior of Single Dwelling Unit and Double Dwelling Unit
CHAPTER 5. CIVIL DEFENSE AND EMERGENCIES
Section 505 - Civil Defense and Emergency Regulations
CHAPTER 6. FIRE PROTECTION
Section 600 - Fire Department
Section 605 - Fire Codes, Bureau of Fire Prevention and Fire Lanes
Section 615 - Fire Extinguishers
Section 620 - Commercial Cooking Ventilation Systems
Section 625 - Fire Protection Systems
Section 635 - False Fire Alarms
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 2004-1
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
Section 1080 - Disorderly House
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 2004-1
CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
Section 1305 - Scavengers
?'0 Section 1310 - Peddlers and Solicitors
Section 1315 - Advertising Material on Residential Property
Section 1326 - Sale of Tobacco; Licensing
Section 1330 - Taxicabs and Taxicab Drivers
Section 1341 - Physical Culture and Health Services and Clubs
Section 1345 - Sexually-Oriented Businesses
Section 1350 - Motion Pictures and Commercial Photography
CHAPTER 14. TRAFFIC CONTROL AND VEHICLES
Section 1400 - Pedestrian, Bicycle and Vehicular Traffic, Parking, Standing and Loading
Section 1405 - Clear View Zone
Section 1410 - Impounding of Unoccupied Vehicles Found to be in Violation
Section 1415 - Abandoned Motor Vehicles
Section 1425 - Registration of Bicycles
Section 1435 - Snowmobiles, Motorcycles, and All Terrain Vehicles
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4 Supplement 2004-1
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City of Edina General Code Provisions and Administration 150.03
Section 150 - Personnel Policy
150.01 Purpose. The purpose of this Section is to establish a system of municipal
personnel administration for all the employees of the City.
150.02 Definitions. For the purpose of this Section, types of employment shall be defined
as follows:
Employee. All employees of the City, regular, temporary, full-time and part-time,
unless restricted by any specific language herein.
Full-Time. Employment where the employee is regularly engaged on a scheduled basis
for a period of at least 40 hours in every seven day work cycle.
PERA. The Public Employees Retirement Association under M.S. 353 (including any
subsequent amendment or replacement).
Regular Full-Time Employment. Employment on a year-round, full-time basis.
Regular Part-Time Employment. Employment on a less than full-time basis but
extending year-round.
Temporary Full-Time Employment. Employment on a full-time basis but for a
limited period only pursuant to a written contract with the City.
Temporary Part-Time Employment. Employment on either a full-time basis or less
than a full-time basis but for a limited period or seasonal period only and for which
there is no written contract with the City.
Year. Unless otherwise provided in this Section, each period starting with the date of
initial employment or any annual anniversary thereof and ending the day before the then
next subsequent annual anniversary of such date.
150.03 Scope of this Section.
Subd. 1 Personnel Covered. Except as otherwise specifically provided, this
Section applies to regular full-time employees, regular part-time employees, temporary
full-time employees, and temporary/seasonal part-time employees of the City, except
the following:
A. All elected officials.
B. The City attorneys.
C. Members of City boards, commissions, and committees.
150-1 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.04
D. Volunteer fire fighters and other volunteers.
E. The Manager.
Subd. 2 Provisions Inapplicable Under Certain Cases. Any employee included in
a collective bargaining agreement entered into in accordance with the Public
Employment Labor Relations Act (M.S. 179A.01 to 179A.30) shall be exempt from
any provision of this Section which is addressed by such agreement, except, however,
as specifically provided in Subsection 150.10, Subd. 1 hereof. Nothing in this Section
is intended to modify or supersede or to add to or to detract from any provision of the
Veterans' Preference Act, M.S. 197.455, 197.46 and 43A.11, or of any collective
bargaining agreement now in force.
Subd. 3 Benefits. Benefits created or granted by this Section, including, without
limitation, vacation leave, sick leave and severance pay, shall apply to and benefit only
regular full-time employees and not any regular part-time employees, temporary
full-time employees or temporary part-time employees, except as otherwise specifically
provided herein and except as otherwise required by applicable law.
Subd. 4 Rights, Duties and Benefits. The rights, duties and benefits of each
temporary full-time employee shall be as stated in, and shall be controlled by, that
employee's contract with the City, and not by this Section.
Subd. 5 Provisions. The provisions of this Section shall be subject to all applicable
laws, statutes, rules, sections and regulations, which shall control over any contrary or
inconsistent provisions of this Section.
150.04 Powers and Duties of Manager on Personnel Matters. The Manager shall
perform duties and exercise powers concerning personnel matters as follows:
Subd. 1 Changes to Council. Recommend to the Council such changes in this
Section as the Manager may consider necessary or desirable.
Subd. 2 Changes in Status of Employees. Appoint, promote, transfer, reprimand,
suspend, demote, and dismiss department heads and City employees based on merit and
fitness. Merit and fitness may be determined by such oral, written or other
examinations, investigations or means, as may from time to time be deemed appropriate
by the Manager.
Subd. 3 Classification Plan. Prepare, put into effect and maintain a classification
plan based on duties, responsibilities and authority of the employees within the City.
Subd. 4 Compensation Plan. Prepare and maintain a compensation plan for all
positions in the classification plan.
Subd. 5 Rules and Regulations. Issue rules and regulations governing the conduct
of personnel and the performance of their assigned duties.
150-2 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.06
Subd. 6 Issuance of Rules and Regulations. Issue such rules and regulations and
perform or cause to be performed such other activities with reference to personnel
administration as may be determined by the Manager to be appropriate.
Subd. 7 Delegation and Revocation by Manager. The Manager, from time to
time, may delegate and, from time to time, may revoke such delegation of any or all of
the Manager's authority granted by or derived from this Section or other applicable law
or statute to such person or persons as the Manager shall designate, and references to
the Manager shall mean and include any such designee.
150.05 Appointments. Every appointment to City employment shall be made by the
Manager, and shall be made on the basis of merit and fitness for the position. Merit and
fitness shall be ascertained by such means as are deemed appropriate by the Manager to
evaluate the ability of the candidate to discharge the duties and responsibilities of the position
subject to the appointment.
Subd. 1 Equal Opportunity. The City shall provide equal opportunity to all
employees and applicants for employment in accordance with all applicable equal
employment opportunity/affirmative action laws, statutes and regulations of federal,
state and local governing bodies, including any such equal opportunity/affirmative
action plans of the City.
Subd. 2 Discrimination. The City shall not discriminate against any employee or
applicant for employment because of race, color, creed, religion, national origin, sex,
disability, age, marital status, or status with regard to public assistance.
Subd. 3 Selection Process. In the selection process for regular full-time
employment in the areas of public safety, public works, park maintenance and such
other areas of City employment as are deemed appropriate by the Manager, the
Manager shall require the person who is offered employment, subject to passing a
physical and psychological examination, to take a physical and psychological
examination.
150.06 Probation Period. The probationary period is hereby determined to be an integral part
of the employee selection process and shall be utilized for observing the employee's work, for
securing the most effective adjustment of the employee to the position, and for rejecting any
employee whose performance does not meet the required work standards. All regular full-time
and regular part-time employees are subject to a probationary period but temporary full-time
and temporary part-time employees shall not be subject to a probationary period.
Subd. 1 Duration. Every original and every promotional appointment is subject to
a probationary period of 12 months after the appointment. The probationary period
may be extended for up to six months by the Manager for reasons deemed sufficient by
the Manager.
Subd. 2 Termination. The Manager or the Manager's designee may terminate an
employee at any time during the probationary period of that employee. The employee
150-3 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.07
so terminated shall be notified in writing of the termination and shall not be entitled to a
hearing.
Subd. 3 Completion. Immediately prior to the expiration of the probationary
period, the department head shall notify the Manager, in writing, whether or not the
services of the employee have been satisfactory and whether or not the employee will
continue. If notification states that the employee will be continued, the probationary
period shall end. If the department head is the person about whom notice is being
given, the Manager shall perform the duties of the department head under this
Subdivision.
Subd. 4 Leave Benefits During Probation. During the fust six months of each
probationary period, except a promotional probationary period, an employee will not be
entitled to use sick leave or vacation leave. Sick leave and vacation leave shall accrue
from the start of the probationary employment even though not usable during the first
six months of the probationary period.
Subd. 5 Rehire. Any employee who voluntarily or involuntarily leaves the
employment of the City and later is rehired shall be subject to the same probationary
period as a new employee. Such employees shall receive no credit for prior years of
service with the City in terms of pay or seniority status in determining duty shifts, work
assignments or other benefits.
150.07 Compensation.
Subd. 1 Amount. Employees of the City shall be compensated according to the
schedule established from time to time by the Council. Any wage or salary so
established shall be the total remuneration for employment, but shall not be considered
as remuneration which may be allowed for official travel or other expenses incurred in
the conduct of official City business. Unless approved by the Manager, no employee
shall receive compensation from the City in addition to the salary authorized for the
position to which the employee has been appointed.
Subd. 2 Comparable Worth Value. Subject to M.S. 179A.01 to 179A.30 but
notwithstanding any other laws to the contrary, the City established on August 1, 1987,
equitable compensation relationships as prescribed by M.S. 471.991 to 471.999.
Therefore, compensation of each class of City employee shall be fixed in compliance
with the provisions of those statutes.
Subd. 3 Regular Hourly Rate of Pay. Employees who are compensated at an
hourly rate under the State or Federal Fair Labor Standards Act shall have said hourly
rate computed as provided by applicable law.
Subd. 4 Temporary and Part-time Employees. Whenever an employee is hired to
work on less than a full-time basis or for temporary employment, compensation shall be
paid for the position hired as provided for in the part-time and temporary compensation
plan then approved by the Council. Temporary and part-time employees are not
150-4 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.09
entitled to sick leave or vacation leave except to the extent determined necessary or
desirable by the Manager for the proper administration of the City.
Subd. 5 Overtime. Employees to whom either the State or Federal Fair Labor
Standards Act apply shall be compensated for overtime at one and one-half times the
regular rate of pay. To the extent permitted by law and policy then established by an
employee's department head, and which policy has been approved by the Manager, an
employee may accrue and use compensatory time instead of pay at overtime rates.
Overtime shall be paid or compensatory time accrued, for hours worked in excess of 40
hours within a defined seven-day work period as directed by a department head and in
accordance with the State or Federal Fair Labor Standards Act and/or applicable
Statutes.
Each department head shall be responsible for the accounting and certification to the
payroll clerk of overtime worked and compensatory time taken by each employee in the
employee's department.
Subd. 6 Paydays. Employees shall be paid bi-weekly on alternate Fridays. When a
payday falls on a holiday, employees shall be paid on the preceding work day.
150.08 Work Hours. Work schedules for employees shall be established by the
appropriate department head with the approval of the Manager. The regular work week for
employees is five, eight-hour working days in addition to one 30 minute lunch period per
working day within a seven-day cycle, except as otherwise established by the department head
with the approval of the Manager.
150.09 Vacation Leave With Pay.
Subd. 1 Eligibility. Regular full-time employees shall accrue vacation leave
according to the following schedule. No other types of employees are eligible for or
shall accrue vacation leave with pay.
Subd. 2 Amount. The following accrual schedule shall apply to eligible employees:
1 through 5 continuous years of 3.076 hours per pay period
regular full-time employment (10 days per year)
6 through 10 continuous years of 4.61 hours per pay period
regular full-time employment (15 days per year)
11 through 15 continuous years of An additional .307 hours per pay period or
regular full-time employment one additional day of vacation for each
additional year of service to 15 years of
service. (total at 15 years of service - 20
days per year).
16 years or more continuous 6.154 hours per pay period (20 days per
service of regular full-time year)
150-5 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.10
employment.
Subd. 3 Conditions Affecting Accrual of Vacation. Although leaves of absence,
under Subsection 150.12 shall be included in the continuous years of service for the
purpose of determining accrual rates, vacation shall not accrue during leaves of absence
under said Subsection 150.12.
Subd. 4 When Taken. Vacation leave may be used as earned, subject to the
approval of the department head to the time at which it is taken and subject to the
provisions of Subd. 4 of Subsection 150.06.
Subd. 5 Maximum Annual Carry Forward. All regular full-time employees with
five continuous years of employment or less may carry forward from one calendar year
to the next all vacation leave earned during the calendar year. All regular full-time
employees with more than five continuous years of employment may carry forward not
more than 40 hours of vacation earned during a calendar year. Vacation leave earned
but not taken which exceeds 40 hours per calendar year shall be deducted from each
employee's vacation balance at the end of each calendar year. The maximum amount
of vacation that may be taken during a calendar year is 25 days except that additional
days may be taken in accordance with the family and medical leave policy adopted
pursuant to subsection 150.13.
Subd. 6 Terminal Leave. All employees who accrue vacation and who leave
employment with the City in good standing, as described in Subsection 150.16, shall be
compensated for all accrued and unused vacation at the date of separation.
Subd. 7 Accrual During Leave. An employee using earned vacation leave shall
accrue vacation and sick leave during such use.
150.10 Sick Leave.
Subd. 1 Eligibility. Every regular full-time employee shall be entitled to and shall
accrue sick leave with pay. No other types of employees are entitled to or shall accrue
sick leave with pay.
Subd. 2 Amount. All employees entitled to sick leave shall accrue sick leave at a
rate of 3.69 hours per pay period.
Subd 3 Purpose. Sick leave with pay may be granted to employees entitled thereto
when the employee is unable to perform scheduled work duties due to illness/disability,
the necessity for medical, dental or chiropractic care, childbirth or pregnancy disability,
exposure to contagious disease where such exposure may endanger the health of others
with whom the employee would come in contact in the course of performing work
duties. Sick leave with pay may also be granted for a variety of other family and
medical circumstances. The amount and conditions under which sick leave with pay
may be used for such circumstances is provided in the family and medical leave policy
adopted pursuant to Subsection 150.13 of this Code. Sick leave with pay may be
150-6 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.11
granted for a maximum of five days in the event of the death of an employee's spouse,
father, mother, spouse's father or mother or child and a maximum of three days in the
event of the death of an employee's grandparent, grandchild, brother or sister.
Subd. 4 Proof.
A. To be eligible for sick leave with pay, a regular full-time employee shall
report their absence to their supervisor within the first thirty minutes of the start
of that employee's scheduled work period.
B. To be eligible for sick leave with pay, an employee entitled thereto shall
keep their supervisor informed on a daily basis of their condition or the
condition of the family member that is ill and if the absence is of more than
three working days duration, submit a medical certificate in form and substance
acceptable to the Manager or department head. The Manager or department
head shall have the right to verify any reported illness of an employee by such
means as they deem necessary. The employee may also be required to submit
proof, satisfactory to the Manager or department head of their
physical/emotional ability to perform their duties upon their return from sick
leave.
Subd. 5 Penalty. Using or claiming sick leave for a purpose not authorized by
Subd. 3 shall be cause for disciplinary action under Subsection 150.20, including
reprimand, suspension or dismissal.
Subd. 6 Accrual During Leave. An employee using earned sick leave shall accrue
vacation and sick leave during such use.
Subd. 7. Unused Sick Leave Upon Termination. All employees who accrue sick
leave and who leave employment with the City in good standing, as described in
Subsection 150.16, shall be compensated for accrued and unused sick leave at the date
of separation as provided in the Policy for the Payment of Unused Sick Leave adopted
by the City Council on September 7, 1999, as amended by the Policy for a Health Care
Savings Plan adopted by the City Council on March 18, 2003. Employees covered by a
collective bargaining agreement shall not be eligible for pay under this Subdivision
unless the collective bargaining agreement so provides.
Subd. 8 Applicable Provisions. The provisions, of this Subsection except Subd. 1
and Subd. 2 hereof, shall be used to administer sick leave provisions of any collective
bargaining agreements which include City employees.
150.11 Military Leave. Every employee to whom M.S. 192.26 or 192.261, or U.S.C.A.,
Title 38, Section 2021, applies, is entitled to the benefits, but subject to conditions prescribed
therein as required by law.
150.12 Leave of Absence. Except as required by M.S. 181.9412 and 181.945, the
Manager may grant any regular full-time employee a leave of absence without pay for a period
150-7 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.15
not to exceed 90 calendar days except that the Manager may extend such leave to a maximum
period of 120 calendar days in case the employee is disabled or where extraordinary
circumstances, in the Manager's judgment, warrant such extension. No vacation or sick leave
with pay benefits shall accrue during a leave of absence without pay. During a leave of
absence, health, life insurance, and long term disability insurance premiums shall be paid by
the employee with no contribution by the City.
150.13 Family and Medical Leave. The City will grant leave to eligible employees due to
a variety of family and medical circumstances. The City maintains a policy concerning the
eligibility for and the use of such leave in accordance with the Family and Medical Leave Act
of 1993.
150.14 Jury Duty. When a regular full-time or regular part-time employee performs jury
duty_the employee is entitled to compensation from the City equal to the difference between the
employee's regular pay and the amount received as a juror.
150.15 Rest Periods and Holidays.
Subd. 1 43A.11 Veteran's Preference there a
break pe 179A.01-179A.30 Public Employment Labor Relations
Veterans, Other Provisions Fofthe
employes 197.455 not to
197.46 Veterans Preference Act; Removal Forbidden;
interfere Right of Mandamus
211B.09 Prohibited Public Employee Activities
Subd. 2 211B.10,S 2 Time Off for Public Office Meetings Hated
by the Cc 353 Public Employees Retirement Association g
Day - thf 471.991-471.999 (Chapt. 471 - Municipal Rights, Powers ug Jr.y
Duties)
Memoria; i - the
first Mor. - the
fourth Th Day -
Decembei if day
on New 'N )ne of
the days Day,
Veteran's LL1., Huliday,
and should these days fall on Sunday, the following Monday shall be the holiday. All
regular full-time employees are entitled to time off with full pay on holidays. City Hall
shall be closed for business on each such holiday, but employees may be required to
work on paid holidays when the nature of their duties or other conditions require. An
employee required to work on a holiday shall receive another day off within 30 days as
the department head determines unless consideration is given to this factor in
determining work schedules. Each holiday commences at the beginning of the first
shift on the day on which the holiday occurs and continues for 24 hours. Eligible
employees shall receive pay for official holidays at their normal rate of pay if they are
at work or on a leave of absence with pay the last regular day or shift to which they
were or would have been assigned prior to the holiday and the first regular day or shift
to which they were or would have been assigned following the holiday. In addition to
meeting the foregoing criteria, part-time employees, both regular and temporary, are
entitled to pay on a holiday only if they would normally be scheduled to work on the
150-8 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.17
day of the week designated as the holiday and they shall be paid only for the number of
hours they would have worked. The Manager, in the Manager's discretion, may grant
paid holidays to individuals for the celebration of certain religious holy days observed
by their particular faith.
150.16 Resignation. Any employee wishing to leave municipal service in good standing
shall file with the employee's department head and the Manager, at least 14 calendar days
before leaving, a written resignation stating the effective date of resignation and the reason for
leaving, and shall be present at work the three consecutive work days prior to the final date of
employment with the City. Failure to comply with this procedure may, at the discretion of the
Manager, be considered cause for denying the employee severance pay or future employment
by the City. Unauthorized absence from work for a period of three consecutive days may be
considered at the discretion of the department head and Manager as a resignation.
150.17 Severance Pay..
Subd. 1 Special Definitions. The following special definitions apply only to this
Subsection:
Eligible Employee. An employee of the City who is eligible for severance pay
under Subd. 2 of this Subsection.
Pay. The eligible employee's regular basic salary or wage (before any payroll
deductions) for regular full-time employment in effect on the severance date.
PERA Rules. The requirements for payment of an annuity or benefit from
PERA as of May 31, 1989 (including any changes in such requirements adopted
as of that date, but effective after that date).
Regular Full-Time Employment. Employment with the City where the
employee is regularly engaged for a minimum of 40 hours every seven day
cycle, as determined by the needs and particular customs in the employee's
department.
Severance Date. The last date on which the eligible employee performs duties
in full-tune employment.
Subd. 2 Eligible Employees.
A. General Rule. The City shall provide severance pay only to those regular
full-time employees who are no longer in their original probationary period (as
contrasted with a promotional probationary period), who leave employment in
good standing as described in Subsection 150.16, whose employment ends:
1. Due to total and permanent disability, as determined by PERA under
PERA rules, or;
150-9 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.20
2. Due to the effects of a permanent elimination by the City of any
functions or activities of the City.
B. Special Rule. Regular full time employees hired prior to January 1, 2000,
who leave employment in good standing as described in Subsection 150.16 after
20 years of continuous service to the City shall be eligible for severance pay but
only as provided in the Policy for the Payment of Unused Sick Leave adopted
by the City Council on September 7, 1999, as amended by the Policy for a
Health Care Savings Plan adopted by the City Council on March 18, 2003.
Regular full time employees hired after January 1, 2000, shall not be eligible for
severance payments as provided by this paragraph B.
C. Exclusion. Employees covered by a collective bargaining agreement shall
not be eligible for severance pay under this Subsection.
Subd. 3 Amount. The eligible employee's severance pay shall be a lump sum
amount equal to six weeks pay.
Subd. 4 When Paid. The City shall pay the severance pay on the payday
immediately following the eligible employee's severance date. For total and permanent
disability, however, the City shall pay the severance pay on the payday immediately
following its receipt of appropriate notice of PERA's determination.
150.18 Grievance Policy. It is the policy of the City insofar as possible to prevent the
occurrence of grievances and to deal promptly with those which occur. An employee may
grieve only those subjects identified within this Section. An employee has five working days
from the date of the occurrence within which to bring the grievance to the attention of the
supervisor. When any employee grievance comes to the attention of a supervisory employee,
the supervisor shall discuss all relevant circumstances with the employee, consider and
examine the causes of the grievance, and attempt to resolve it to the extent of the supervisor's
authority to do so. If the grievance remains unresolved at that level, the grievance may be
appealed to the next administrative level, and so on up to and including the Manager and
Council. The Council's decision concerning a grievance is final.
150.19 Lay-Off. The Manager may lay-off any employee when in the sole and exclusive
judgment of the Manager it is appropriate because of the shortage of work, funding of
positions, changes in the organization or for any other reason.
150.20 Discipline.
Subd. 1 General. All City employees shall be subject to disciplinary action,
including dismissal, for failing to fulfill their duties and responsibilities as determined
by the City. The following grounds may, as deemed appropriate by the City, be the
basis for discipline, including dismissal. These are examples only:
A. Unauthorized possession or use of City property.
150-10 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.20
B. Refusal or failure to comply with an assignment or order, or to perform
assigned work.
C. Unauthorized absence.
D. Tardiness after warning.
E. Possession, sale, consumption, or under the influence of non-prescription
drugs, alcohol, or other controlled substances while on duty.
F. Violation of law, or of City work rules, policies or practices as deemed
appropriate by the Manager.
G. Failure to perform assigned tasks at a performance level or in a manner
satisfactory to the Manager.
The above are intended to serve only as examples and are not the exclusive grounds for
which the City may discipline, including dismissal. The City reserves the right to
determine that other actions or inaction are grounds for discipline, including dismissal.
Employees subject to discipline have the right to pursue the grievance procedure or
hearing procedure as provided for herein.
Subd. 2 Disciplinary Action. As determined by the sole judgment of the City,
disciplinary action may involve any of the following steps, whether or not any specific
progression is followed, as determined by the City:
A. Oral reprimand.
B. Written reprimand.
C. Suspension with or without pay.
D. Demotion or transfer.
E. Dismissal.
Subd. 3 Written Notice to Employee. Before any employee is suspended,
demoted, transferred, or dismissed for disciplinary reasons, the employee shall be given
written notice of the reason(s) for any such proposed action. The employee shall also
be given notice of a hearing to be held before the Manager. The employee may be
accompanied at the hearing by a representative. At this hearing the Manager shall
receive evidence offered in support of the reasons for the proposed action and evidence
as may be presented by or on behalf of the employee. After the close of the hearing, the
Manager shall consider the evidence presented and make a decision. Notwithstanding
the following provisions regarding notice of proposed action and an opportunity for
hearing before personnel action is taken, the City reserves the right in cases it considers
150-11 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.23
proper, such as those involving safety, and health considerations, or other hazards
affecting the interests of employees or other persons, or in other appropriate
circumstances as determined by the City, to remove an employee from the performance
of duties in whole or in part before any such hearing is held or decision made pending
such decision.
Subd. 4 Findings of Manager. The findings and conclusions of the Manager shall
be in writing, filed with the Clerk, and served on the employee. The decision of the
Manager shall be implemented upon such filing and service.
Subd. 5 Right to Appeal. In cases where the Manager decides to impose personnel
action affecting the employee as a result of proceedings instituted under this Section,
the employee shall have the right to appeal said decision to the Council. Said appeal
must be made in writing and filed with the Manager within five working days after the
notification to the employee of the decision of the Manager. The appeal and hearing
conducted pursuant to any such appeal before the Council shall be conducted as
determined by the Council and may include the appointment of a committee of the
Council to hear the appeal. Such committee shall prepare findings and conclusions for
submission to the Council for its consideration and action. The action of the Council
on any such appeal may affirm, overrule, or modify the action of the Manager. The
findings and conclusions of the Council on an appeal shall be in writing, filed with the
Clerk, and served upon the employee and the Manager. The Council's action on such
appeal shall be final.
Subd 6 Hearing for Veteran. If the disciplinary action involves the removal of a
veteran, the hearing shall be held in accordance with M.S. 197.46.
150.21 Sexual Harassment. The City is committed to providing a work environment that is
free of sexual harassment. In keeping with this commitment, the City maintains a policy
prohibiting sexual harassment. This policy prohibits sexual harassment in any form, including
verbal and physical harassment.
150.22 Drug Free Workplace. The City is committed to providing a healthy and efficient
work force free from the effects of drug abuse. In keeping with this commitment, the City
maintains a policy in compliance with the Federal Drug-Free Workplace Act of 1988 and
applicable State law.
150.23 Unlawful Acts.
Subd. 1 Falsification of Records. No person shall knowingly make any false
statement, certificate, mark, rating, or report in regard to any test, certificate or
appointment held or made under the City personnel system or in any manner commit or
attempt to commit any fraud preventing the impartial execution of the provisions of this
Section.
Subd. 2 Rendering of Consideration. No person seeking employment to or
promotion in the service of the City shall directly or indirectly give, render, or pay any
150-12 Supplement 2003-01
City of Edina General Code Provisions and Administration 150.25
money, service, or valuable consideration to any person, on account of or in connection
with the person's test, employment, or promotion, or proposed employment or
promotion.
150.24 Officials Under Workers' Compensation Act. Pursuant to M.S. 176.011, Subd. 9,
the elected officials of the City and those municipal officials appointed to a regular term of
office or to complete the unexpired portion of a regular term, are hereby included in the
coverage of the Minnesota Workers Compensation Act.
150.25 Political Activity. An employee may not use official authority or influence to compel a
person to apply for membership in or become a member of a political organization, or to
compel a person to pay or promise to pay a political contribution, or to compel a person to take
part in political activity.
Any employee who shall become a candidate for a federal, state or municipal elective office, or
assume a federal, state or municipal elective office, shall be expected to properly fulfill the
normal employee's duties during such candidacy and while holding such office and may be
disciplined for failure to do so. Also, an employee holding such office shall be permitted time
off from regular employment to attend meetings required by reason of the public office. Such
time off may be without pay, with pay, or made up with other hours, as agreed between the
employee and the Manager.
Any employee whose principal employment in the City is in connection with an activity which
is funded in whole or in part by the United States or a federal agency is also subject to the
restrictions and penalties of the Federal Hatch Act. (Title 5, U.S.C.A. 8 1501, et. seq,)
History: Ord 121 codified 1970; repealed and replaced by Ord 122 12-6-89; amended by Ord
1994-8 9-28-94; Ord 1999-10 9-07-99; Ord 2003-5 3-18-03
Reference: M.S. 43A.11, 179A.01 to 179A.30, 197.455, 197.46, 211 B.09, 211B.10, Subd. 2,
353, 471.991 to 471.999
150-13 Supplement 2003-01
City of Edna General Code Provisions and Administration 185.1. chedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
200 200.04 Public Dance Permit 50.00
215 215.04 Bingo Occasion, Gambling Device, 15.00 per permit
Raffle Permit
220 220.04 Machine or Amusement Device License 21.00 annually per establishment, plus
16.00 per machine
225 225.04 Special Events Application Fee 50.00
300 300.02 Subd 2 Redemption of Impounded Animals 25.00 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 35.00 per animal
300 300.03 Subd. 3 Dog License 15.00 per dog
10.00 per neutered dog
Late charge after March 1 10.00
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
405 405.01 Landscaping, Screening, or Erosion 100.00
Control Site Plan Permit
410 410.02 Subd. 1 Building Permit
If total valuation of work is: Then 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
10.10 for each additional$1,000 or fraction thereof to and including $50,000
50,001 to 100,000 643.75 * for first$50,000 plus
185-1 (Effective 1/1/05) Supplement 20041
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
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. 2 Other Permit Related Fees 47.00 per hour or the total hourly cost to City, whichever
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of employees involved)
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 75.00
Fee
Per Additional Excavation-Paved Area 35.00
Per Additional Excavation-Unpaved Area 20.00
Underground Utility/Telecom Installation 45.00 per 100 L. Ft.
- Directional Boring or Tunneling (Plus
Minimum Permit Fee)
Underground Utility/Telecom Installation 60.00 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 40.00 Per square foot under 10 square feet
185 (Wective 1/1105) SuplA, 2004-1
City of Euma
General Code Provisions and Administration 185. chedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
35.00 Per square foot from 10-25 square feet
30.00 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 and 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. 1613.70
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
435 435.07 Subd. 1 Other Permit Related Fees 47.00 per hour or the total hourly cost to City, whichever is
greatest(includes supervision, overhead, equipment, hourly wages
and fringe benefits of employees involved)
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
Fee Calculations:
$0 to 300 15.00
$301 to 500 15.00 *plus 5.00% >$ 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
185-3 (Effective 1/1/05) Supplement 2004-1
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
*plus surcharge pursuant to M.S. 16B.70
440 440.04 Installation or Testing of RPZ Backflow 27.00
Preventers
440 440.04 Subd. 1. Other Permit Related Fees 47.00 per hour or the total hourly cost to City, whichever
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of
employees involved.)
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 470.00 per year for each enclosed pool(partial or all of the year)
License 250.00 per year for each outdoor pool
450 450.27 Subd. 4 Public or Semi-Public Whirlpool Bath or 144.00 per year for each bath or pool
Therapeutic Swimming Pool License
460 460.06 Subd. 1 Sign Permit 80.00
460 460.06 Subd. 1 Courtesy Bench Sign Permit 15.00 per year
460 460.06 Subd 6 Sign Variance Fee 200.00 Residential Property
400.00 Commercial Property
475 475.03 Subd. 1 Parking Ramp License 125.00 per year
605 605.07 Permits Required by UFC 80.00 Minimum Fee
Special Hazard Permit:
105.00 Class I: General hazard and fire safety inspections requiring a
special hazard permit
210.00 Class II: Special hazard inspection involving various hazardous
materials and/or processes in occupancies of buildings less
than 3,000 sq. ft. in area.
315.00 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.
185 (Effective 1/1/05) Supph 2004-1
City of Euma General Code Provisions and Administration 185.0 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
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 45.00 per year per person licensed
620 620.04 Permit Fee for Cleaning Commercial 85.00
Cooking Ventilation System
625 625.03 Sprinkler Permit Fees:
Per Number of Heads:
1 - 5 55.00 * (minimum fee)
6- 25 105.00
26- 50 195.00
51 - 75 265.00
76-100 310.00
101 -125 345.00
126-150 370.00
151 -175 400.00
176-200 420.00
201 plus 485.00 * for first 200 + $2.10 for each additional head
*plus surcharge pursuant to M.S. 16B.70
625 625.03 Fire Pump Installation and Associated 210.00
Hardware
Standpipe Installation 130.00
Each Additional Pipe 20.00
625 625.03 Fire Protection System Permit Same as the fees for a building permit(See 410.02 Subd.1, fees)
635 635.02 False Fire Alarm 300.00 Residential
500.00 Commercial
640 640.02 License allowing sale of Fireworks 100.00 Per year
716 716.02 Recycling Service: 6.30 Per Quarter- Single Family
6.30 Per Quarter- Double Bungalow
5.50 Per Quarter-Apartments/Condos (2-8 units)
721 721.03 Subd. 1 Food Establishment 550.00 High risk food
350.00 Medium risk food
185-5 (Effective 111105) Supplement 2004-1
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
100.00 Low risk food
110.00 Base fee
53.00 Beer or wine table service
105.00 Alcohol bar service
135.00 Food vehicle
115.00 Additional facility
200.00 Pushcart
115.00 Itinerant food
16.00 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 80.00
735 735.03 Lodging Establishment 3.00 per room
Supervised Group Home 42.00
Boarding and Lodging House License 95.00
740 740.04 Multiple Dwelling Parking Garage 42.00 per single tract of land(may contain more than one building under
same ownership)
740 740.04 Multiple Dwelling Parking Garage 73.00 per garage
Inspection Fee
745 745.04 Subd. 2 Body Art Establishment License 260.00
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 400.00
Street, Alley or Easement
830 830.05 Subd. 2 Permit Fee for Tree Removal or Grading Same as for a building permit(See Subsection 410.02 Subd 1 fees)
185 (Effective 1/1/05) SuppIi 20041
City of E-a General Code Provisions and Administration 185.__ Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
830 830.05 Subd. 2 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
830 830.05 Subd. 2 Other Permit Related Fees 47.00 per hour or the total hourly cost to City, whichever
is greatest. (includes supervision, overhead,
equipment, hourly wages and fringe benefits of
employees involved.)
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 200.00 Residential
400.00 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
1,000.00 All other Transfers
850 850.173 Subd. 4C.la Temporary Retail Sales in PID Permit 300.00 First Permit
200.00 Subsequent Permits
850 850.04 Subd. 4 A.2 Conditional Use Permit 600.00 Fee shall be equal to City staff time expended and City's direct
cost incurred in processing applications. $600 deposit with
application submission. Additional deposits of$600 shall continue
to be made as prior deposits are expended. Deposits not
expended shall be refunded to applicant.
850 850.04 Subd. 5 C.1 Temporary Conditional Use Permit 75.00
850 850.10 Subd. 1 D 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
185-7 (Effective 1/1/05) Supplement 2004-1
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
200.00 per event-Temporary On-Sale Intoxicating- Max 3 days by MS
75.00 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 2nd thru 4th response within one calendar year
200.00 for the 5th 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 35.36 Per quarter up to and including 1600 cubic feet
Dwelling Units: 2.21 Additional from 1601 cubic feet and over
Apartment Buildings with More Than 30.31 Per quarter for each unit over four or
Four Dwelling Units: 2.21 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: 2.21 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 0.81 1. Per 100 cubic feet for areas of City, except as described in#2 below
2.61 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.
0.27 3. Per 100 cubic feet for Excessive Use Charge
Meter Charge: 10.00 Per quarter for up to 3/4 inch meter
13.62 Per quarter for 1 inch meter
15.54 Per quarter for 1 1/4 inch meter
17.48 Per quarter for 1 1/2 inch meter
28.15 Per quarter for 2 inch meter
106.90 Per quarter for 3 inch meter
136.07 Per quarter for 4 inch meter
Flat Annual Charges as Follows: 0.00 Park Department for water used for sprinkling and skating rinks
IS (Effective 111105) Suppl t 2004-1
City of E_,_A General Code Provisions and Administration 185._. - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
0.00 Street Department for water used for flushing street
1105 1105.01 Subd. 1 Service Availability Charge (SAC) 1,450.00 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 6.74 Per quarter pursuant to formula in Subsection 1110.03
1205 1205.01 Curb Cut Permit 40.00
1230 1230.07 Sidewalk Caf6 Permit 600.00
1230.08 Temporary Liquor License Special Permit 300.00 Per event
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 300.00 per year for 1st vehicle
95.00 per year for each additional vehicle
1325 1325.03 Tobacco Sale License 341.00 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 License 5,000.00 per year
1345 1345.05 Subd. 2 Investigation Fee- Business License 1,500.00 At time of original application
1350 1350.06 Subd. 1 Commercial Photography 27.00 Manager Permit- Still Photography
110.00 Manager Permit- Motion Photography
315.00 Council Permit
1400 1400.12 Truck Restrictive Road Permit 30.00
1410 1410.01 Redemption of Impounded Vehicle Fee as posted in Police Department
185-9 (Effective 111/05) Supplement 2004-1
City of Edina Buildings, Construction and Signs 445.03
Section 445 - Requiring Connections to Sanitary Sewer and
Water Systems; Regulating Discharges into Sanitary Sewer System
445.01 Sanitary Sewer Connection Required.
Subd. 1 New Construction. Whenever property abuts any public street or alley in
which sanitary sewer mains have been constructed, the owner of every residential or non-
residential principal use building hereafter constructed, reconstructed, or placed on such
property, and as a part of such construction, reconstruction, or placing, shall connect the
sewage disposal lines in such building with such mains in such street or alley.
Subd. 2 Existing Buildings. The owner of every existing residential or non-
residential principal use building which abuts any public street or alley in which sanitary
sewer mains have been constructed, within two years after the date such sanitary sewer
mains did or will become usable, shall connect the sewage disposal lines in such building
with such mains. Such connection shall be made immediately if such mains are usable
and if the private sewage disposal lines for the building on such property overflow, back
up or otherwise fail.
445.02 Separate Sewer and Water Connections for Double Dwelling Unit Buildings or
Townhouses. In addition to the requirements of Subsection 445.01, any principal use building in
the Double Dwelling Unit District (R-2) or any townhouse, as defined by Section 850 of this
Code, that is (i) hereafter constructed, reconstructed, or placed on a lot, or(ii)now existing but is
on a lot hereafter subdivided pursuant to Section 810 of this Code and or hereafter submitted to
M.S. 515A (the Minnesota Uniform Condominium Act), or (iii) now existing but non-
conforming (as defined in Section 850 of this Code) but is hereafter destroyed or damaged to
such an extent that it is required to conform to all restrictions of Section 850 of this Code, or (iv)
now existing and conforming but is hereafter destroyed or damaged to such an extent that, if it
were a non-conforming building as defined in Section 850 of this Code, it would have to
conform to all restrictions of Section 850 of this Code, and that abuts any public street or alley in
which sanitary sewer or water mains have been constructed, shall have the sewage disposal lines
and water services in each dwelling unit or townhouse unit connected with the sanitary sewer
mains or water mains and that there shall be one separate and independent sewer and water
connection for each such dwelling unit or townhouse unit.
445.03 Failure to Comply; Notice. The Manager may cause written notice of sewer and
water connection requirements to be given to any person required by Subsections 445.01 or
445.02 to make such connections. Such notice shall be mailed by certified mail or delivered by
the Sanitarian, Building Official or Planner by order of the Manager. In the event that (i) any
person, required by Subsection 445.01 to connect an existing building
to sanitary sewer mains where there has been no overflow, backup or other failure of such
building's private sewage disposal system, fails to complete the making of such connection(s)
within six months after such written notice is given, or (ii) any person, required by Subsection
445.01 to connect an existing building to sanitary sewer mains where there has been an overflow,
backup or other failure of such building's private sewage disposal system fails to complete the
making of such connection within 15 days after the written notice is given, the Council may by
445 - 1 Supplement 2001-01
City of Edina Buildings, Construction and Signs 445.05
resolution direct that the required connection be made and the cost assessed against the benefited
property as set forth in Subsection 445.06.
I
445.04 Withholding Approval of Plat or Subdivision. If connections are required because
of the subdivision or submittal to the Minnesota Uniform Condominium Act of a lot in the
Double Dwelling Unit District (R-2), or because of platting or subdivision or submittal to the
Minnesota Uniform Condominium Act of property to permit sale of individual townhouses or
individual lots or individual dwelling units, the connections shall be made in connection with
such platting or subdivision or submittal, and approval of the platting or subdivision or submittal
by the Council may be conditioned upon and withheld until completion of the required
connections.
445.05 Waiver by Construction Board of Appeals. Notwithstanding anything herein to the
contrary, any connection requirement may be waived by the Construction Board of Appeals upon
request of the owner of the property for which the waiver is requested and upon a finding being
made by the Board that a hardship exists that is not a mere inconvenience and that is caused by
the physical character of, and cost of compliance with, the connection requirement and not by the
owner or any person having an interest in the property, and that the waiver will not be
substantially detrimental to the public welfare or to other lands or improvements in the
neighborhood of the property. If the waiver is from the requirements of Subsection 445.01, such
waiver shall be granted upon the condition that the owner of such property or properties shall
comply with Section 710 of this Code. If the waiver is from the requirements of Subsection
445.02, such waiver shall be granted upon the further condition that the owner or owners of the
property or properties shall execute and deliver to the City a recordable agreement, in form and
substance acceptable to the Manager,providing:
A. That the City shall not be liable to any owners or occupiers of the property or
properties for any damage or injury to persons or property resulting from a lack of the
required separate and independent connections;
B. That all owners of the property or properties served by less than the required separate
and independent connections shall share equally in any costs incurred as a result of not
having the required separate and independent connections and shall pay equally all sewer
and water charges made for services to such property or properties;
C. That the City may determine the charges for water and sewer usage by
allocating consumption equally among all properties using the common connection and
totaling the separate charges based upon such allocation;
D. That the City may discontinue water and sewer services to such property or properties
pursuant to Section 1100 of this Code even though such discontinuance will affect
property in addition to that of the persons causing the delinquency; and
E. That, if the property or properties are thereafter platted or subdivided or submitted to
the Minnesota Uniform Condominium Act, to permit the sale of individual townhouses or
individual lots or individual dwelling units, the City may require that, in connection with
such platting or subdivision or submittal, each such individual townhouse, lot or dwelling
445 - 2 Supplement 2001-01
City of Edina Buildings, Construction and Signs 445.08
unit shall have sewage disposal lines and water lines connected directly and separately
from all other townhouses or lots to the sanitary sewer mains and water mains serving
such townhouse, lot or dwelling unit.
445.06 Assessment and Collection. After installation and connection is completed in
accordance with Council's resolution pursuant to Subsection 445.03, the Clerk shall serve a
written notice of the assessment upon the owner or owner's representative directing the owner to
pay said assessment to the City within ten days after the service of said notice. If such
assessment is not paid within ten days, the Clerk shall certify the amount of the assessment to the
county auditor for collection with interest in the same manner as other special assessments and
the same shall become a lien upon the property until paid; provided, the Council may by
resolution provide that the assessment be spread over a term of up to ten years upon request of
the owner of the property or the owner's representative. Interest shall be charged on such
assessment in the manner and at the rate then charged by the City in connection with special
assessments.
445.07 Certain Connection Prohibited; Inspections.
Subd. 1 Prohibited Discharges and Connections. No person, owner, lessee, or
occupant of any parcel of land, building or premises shall discharge, or permit to be
discharged, directly or indirectly, into the sanitary sewer system: (i) any surface water or
groundwater including water from roofs, yards, lawns, streets, alleys, groundwater sump
pumps, footing tile, or other natural precipitation or(ii) any gravel, sand, dirt, or any other
heavy material or any substance causing any extraordinary obnoxious odors or gases or
(iii) swimming pool discharges not permitted by Subd. 2 or Subsection 450.12 of this
Code. A sump pump discharge system shall have a permanently installed discharge line
which provides for year-round discharge to either the outside of a building or structure in
compliance with subd. 3 of Subsection 1035.03 of this Code or is connected to the City
storm sewer. The system shall consist of a discharge line without valving or quick
connections or flexible sections which allows the redirection of the sump pump discharge
into the sanitary sewer system. If connected to a City storm sewer, the system shall
include a check valve and an air gap.
Subd. 2. Inspection. Every person, owner, lessee or occupant of any parcel of land,
building or premises that discharges into the City's sanitary sewer system shall allow an
employee of the City or a designated representative of the City to inspect the building or
premises to confirm that the building or premises conforms to the requirements of Subd.
1 of this Subsection. In lieu of the City inspection the owner, lessee or occupant may
furnish a certificate from a City registered State licensed plumber certifying that the
building or premises is in compliance with the requirements of Subd. 1 of this
Subsection. The City may periodically re-inspect any building or premises to determine
continued compliance with the requirements of Subd. 1 of this Subsection.
445.08 Removal of Prohibited Connections; Surcharge; Withholding of Building Permits.
Any person, owner, lessee or occupant, and any plumber or building contractor who has presently
made or permitted to be made, or shall make or permit to be made, any connection or installation
in violation of Subd. 1 of Subsection 445.07 shall immediately remove such connection or
445 - 3 Supplement 2001-01
City of Edina Buildings, Construction and Signs 445.09
correct such an installation. If not removed or corrected within 30 calendar days after notice of
the violation has been delivered personally or by certified mail to such person, owner, lessee or
occupant, the City may impose a surcharge in the amount provided in Section 185 of this Code.
Such a surcharge may also be imposed upon any property owner, lessee, or occupant who, after
30 calendar day notice, refuses to allow their property to be inspected or fails to provide the
certificate from a City registered State licensed plumber as required by Subd. 2 of Subsection
445.07. The owner, lessee, occupant of a building or premises found to be not in conformance as
required in Subsection 445.07 during periodic re-inspections may be subjected to a surcharge as
provided in Section 185 of this Code, for all months between the two most recent inspections or
a maximum charge not to exceed twelve (12) monthly surcharges. No building permit,
mechanical permit or plumbing permit shall be issued for any building or premises found to have
any connection or installation that is in violation of Subd. 1 of Subsection 445.07 until such
correction is removed or corrected, or for any building or premises where the owner, lessee or
occupant has refused to allow an inspection or re-inspection or failed to provide the certificate
from a City registered State licensed plumber as required by Subd. 2 of Subsection 445.07. In
addition, any such person, owner, lessee, occupant, plumber or building contractor may be
subject to the provisions of Subsection 100.09 of this Code.
445.09 Clear Water Sump Pits. The construction or installation of any clear water sump pit
shall include the installation of a sump pump and sump pump discharge lines which meet the
requirements of Subd. 1 of Subsection 445.07 and Subd. 3 of Subsection 1035.03 of this Code
and all applicable codes.
History: Ord 431 codified 1970; amended by Ord 431-AI 2-18-76, Ord 431-A211-3-76,
Ord 431-A3 5-13-81, Ord 431-A412-2-81; Ord 1998-1; 3-16-98; Ord 2000-1010-17-00
Reference: M.S. 444.075, 445.01, 515A
Cross Reference: Sections 710, 810, 850, 1100; Subsection 100.09
445 -4 Supplement 2001-01
City of Edina Land Use, Platting and Zoning 805.03
Section 805 - Planning Commission
805.01 Establishment. The Planning Commission (the "Commission") of the City is to
continue. It shall serve as the planning agency within the meaning of M.S. 462.351 through
462.364. In such capacity, the Commission shall be advisory to the Council.
805.02 Powers, Duties, and Responsibilities. The Commission shall:
Subd. 1 Comprehensive Plan. Prepare, review, and make recommendations to the
Council as to the Comprehensive Plan of the City, as defined in Section 810 of this
Code, or any other sections of this Code, including, but not limited to, a land use plan,
a transportation plan, a community facilities plan, a capital improvements program, a
parks and open space plan, and a housing plan, with recommendations as to plan
execution.
Subd. 2 Platting. Review and make recommendations to the Council as to all
proposed plats and subdivisions, as defined in Section 810 of this Code, in accordance
with the provisions of Section 810 and State law.
Subd. 3 Zoning. Review and make recommendations to the Council as to all
proposed amendments to Section 850 of this Code, in accordance with the provisions of
Section 850 and State law.
Subd. 4 Heritage Preservation. Review and make recommendations to the Council
as to the reports and recommendations of the Heritage Preservation Board regarding
preservation of lands and buildings of historical, architectural, cultural, and educational
significance pursuant to Section 801 of this Code.
Subd. 5 Low and Moderate Cost Housing. Review and make recommendations to
the Council as to matters referred to it by the Council relating to the provision of low
and moderate cost housing.
Subd. 6 Environment. Develop and make recommendations to the Council, and
make such studies as the Council may request, for the purpose of fostering the
maintenance and improvement of the City's environmental quality, including, but not
limited to, such matters as the mitigation of air, water, and noise pollution, and the
enhancement and preservation of wildlife and natural areas with the City.
Subd. 7 Commercial, Industrial, or Residential Redevelopment. Review and
make recommendations to the Council on matters the Council may request relating to
major commercial, industrial, or residential redevelopments in the City.
805.03 Representatives to Zoning Board of Appeals. All members of the Commission are
to continue as representatives of the Commission to the Zoning Board of Appeals. Any such
representative is authorized to review and report, for or on behalf of the Commission, to the
Zoning Board of Appeals on matters coming before the Zoning Board of Appeals.
805 - 1 Supplement 2003-01
City of Edina Land Use, Platting and Zoning 805.07
805.04 Membership. The Commission shall consist of nine residents of the City appointed
by the Mayor with the consent of a majority of the members of the Council. Commission
members shall be appointed with due regard to their fitness for the efficient dispatch of the
functions, duties, and responsibilities vested in and imposed upon the Commission. Members
shall be appointed for terms of three years commencing on the February 1 following
appointment. A Commission member, following expiration of that member's term, may be
reappointed by the Mayor with the consent of a majority of the members of the Council. Upon
expiration of a term, a member shall continue to serve until that individual's successor is
appointed. Any individual appointed to fill a vacancy occurring prior to the expiration of the
term for which that individual's predecessor was appointed shall be appointed for the
remainder of such term. Members of the Commission shall serve without compensation and
may resign voluntarily or be removed by majority vote of the Council or pursuant to Section
180 of this Code. Commission members who discontinue legal residency in the City shall be
automatically removed from office effective as of the date of such discontinuance.
805.05 Organization.
Subd. 1 Chair and Vice Chair. The Commission shall elect a chair and vice chair
from among its members for a term of one year.
Subd. 2 Bylaws. The Commission shall adopt bylaws as shall be necessary or
desirable for the conduct of its business.
805.06 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 of it
transmitted to each member of the Council.
805.07 Staff. Staff services, including secretarial services, shall be furnished and
coordinated by the Planning Department. Additional advisory staff may be assigned to the
Commission by the Manager. Staff shall keep and maintain a written record of the
Commission's actions, resolutions, recommendations, and findings which shall be a public
record.
History: Ord 803 adopted 8-3-77; amended by Ord 803-A1 9-14-77; Ord 803-A2 9-28-77; Ord
903-A3 1-18-78; Ord 803-A4 5-16-90, Ord 1995-1012-4-95
Reference: M.S. 462.351 through 462.364
Cross Reference: Sections 180, 801, 810, 850
805 - 2 Supplement 2003-01
City of Edina Land Use,Platting and Zoning 850.12
Subd. 1 Principal Uses. Buildings containing two dwelling units.
Subd. 2 Accessory uses.
A. Accessory garages.
B. Greenhouses, garden houses, decks, patios and gazebos.
C. Tool houses and sheds for storage of domestic supplies.
D. Private swimming pools, tennis courts and other recreational facilities for use
only by residents of the principal use and their guests.
E. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and clotheslines.
F. Customary home occupations.
Subd. 3 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area (per double dwelling 15,000 sq. ft.
unit building
B. Minimum Lot Width 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage 25%
B. Setbacks (subject to the provisions of
paragraph D. of Subd. 5 of this Subsection
850.12
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory
buildings and structures shall be the same as those required by this
Section for building and structures accessory to single dwelling unit
buildings in the R-1 District.
C. Height: 2'/2. stories or 30 feet, whichever is less.
Subd. 5 Special Requirements. In addition to the general requirements described in
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
850-69 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.13
unit separately.
B. Sewer and Water Connections. Each dwelling unit must be separately and
independently connected to public sanitary sewer and water mains.
C. Subdivided R-2 Lots. A double dwelling unit building and lot may be
subdivided pursuant to Section 810 of this Code along the common party walls
between the dwelling units, provided that:
1. A building permit has been issued and the building foundation is in
place;
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)
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850-70 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.14
the dwelling unit, garages or any common areas which are used by residents of two
or more dwelling units, including stairways, entries, foyers, balconies and porches.
C. Efficiency Dwelling Units. Efficiency dwelling units shall be permitted only in
subdistricts PRD-3 and PRD-4. Not more than ten percent of the dwelling units per
building shall be efficiency dwelling units.
D. Maximum Number of Townhouses Per Building. Not more than eight
townhouses per building shall be allowed.
E. Sewer and Water Connections for Townhouses. Each townhouse shall be
separately and independently connected to public sanitary sewer mains and water
mains.
F. Accessory Buildings. The exterior of accessory buildings shall be constructed
of the same material as the principal building.
G. Community Facilities in PSR-3 and PSR-4. Principal buildings in subdistricts
PSR-3 and PSR-4 shall provide recreational, service and meeting facilities for the
use and enjoyment of residents and guests. Such facilities shall comprise not less
than 1,250 square feet, or 15 square feet of floor area per senior citizen dwelling
unit, measured as provided for in paragraph B. of Subd. 7 of this Subsection
850.13, whichever is greater. Such facilities shall be indoor space and shall be
conditioned for year round occupancy. Outdoor areas, laundry facilities, storage
areas, mechanical rooms, hallways, foyers, offices or circulation space shall not be
included to satisfy this requirement.
H. Proximity to R-1 District (PRD-4, PRD-5, and PSR-4). The following
minimum distance shall be provided between the closest point of the principal
building in the PRD-4, PRD-5 and PSR-4 subdistricts and the nearest lot line of an
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 (NIDD).
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.
850-75 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.14
A. MDD-3, MDD-4, and MDD-5:
1. Buildings containing not fewer than ten dwelling units or senior citizen
dwelling units.
2. Publicly-owned or operated civic or cultural institutions.
3. Publicly-owned park and recreational facilities.
4. Offices, including business and professional offices, medical and dental
offices, post offices, travel agencies and travel bureaus.
5. Financial institutions excluding pawn shops.
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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.
i
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
i
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.
i
4. Department stores or shopping centers exceeding 40,000 square feet.
Subd. 3 Accessory Uses.
A. Recreational facilities solely for the use and enjoyment of residents of a
residential principal use and their guests.
B. Customary home occupations.
C. Mass transit passenger waiting and pick-up facilities.
Subd. 4 Conditional Uses.
A. MDD-3, MDD-4, and MDD-5.
1. Privately owned recreational facilities other than those permitted in
paragraph A. of Subd. 3 of this Subsection 850.14.
850-76 Supplement 2004-01
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.
850-85 Supplement 2004-01
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.
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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. $ 7 Accessory Uses in PCD-1.
Off-street parking facilities.
850-86 Supplement 2004-01
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. 12 Accessory Uses in PCD-2.
All accessory uses allowed in PCD-1.
Drive-through facilities.
Amusement devices.
Subd. �.� 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.f( I()Accessory Uses in PCD4.
Accessory car washes.
Retail sales of convenience goods.
Gasoline sales accessory to a car wash.
Subd. 19' 1 kequirements 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
850-87 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.16
Yard Yard Yard Yard
PCD-1 35'* 25'* 25'* 25'*
PCD-2 35'* 25'* 25'* 25'*
PCD-3 50'* 50'* 50'* 50'*
PCD-4 35' 25' 25' 25'
Gas Stations
All other uses 45' 25' 45' 25'
* or the building height if greater
C. Maximum Building Height.
PCD-1 Two stories
PCD-2 Four stories or 50 feet whichever is less
PCD-3 No maximum, height is determined by setbacks
PCD-4 One story
17i
Subd. JX Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
I
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:
850-88 Supplement 2004-01
I
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;
850-89 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.16
b. natural stone;
c. specially designed precast concrete units if the surfaces have
P Y
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.
850-90 Supplement 2004-01
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.
A
850-91 Supplement 2004-01
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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.
850-92 Supplement 2003-03
City of Edina Land Use,Platting and Zoning 850.17
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.
850-93 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.
850-94 Supplement 2003-03
City of Edina Land Use, Platting and Zoning 850.17
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
850-95 Supplement 2003-03
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.
850-96 Supplement 2003-03
City of Edina Land Use,Platting and Zoning 850.18
F. Mini-Storage Warehouse Standards.
1. No doors through which personal property is loaded or unloaded shall be
located on a side of a building which faces a residential district.
2. In addition to the requirements in this subsection for temporary retail
sales permits, the following requirements shall apply:
a. no more than two temporary retail sale permits per principal
building, or per lot if there is more than one principal building on the
lot, shall be issued annually in accordance with the provisions of this
paragraph; and
b. the permit shall be applied for only by the owner of the principal
building, the intention being that each lessee within the mini-storage
building shall not be eligible individually for a temporary retail sales
permit.
3. Only non-perishable and non-volatile products may be stored.
850.18 Regional Medical District (RMD)
Subd. 1 Principal Uses.
A. Hospitals.
B. Medical and dental offices and clinics.
C. Laboratories for performing medical or dental research, diagnostic testing,
analytical or clinical work, having a direct relationship to the providing of health
services, including, but not limited to, medical research, radiology, hematology,
serology, immunology, allergy, biochemistry, basal metabolism, microbiology,
parasitology, pathology, histology, cytology, toxicology and pharmacology.
Laboratories engaged in the production or manufacture of goods or products for
commercial sale or distribution shall not be considered laboratories within the
meaning and intent of this paragraph.
Subd. 2 Accessory Uses.
A. Living quarters and recreational and educational facilities for nurses, interns,
staff members, hospital employees and volunteers, if the uses are located within or
are contiguous to the principal building.
B. Off-street parking facilities for ambulances, service trucks and automobiles
owned by tenants, employees, patients and visitors.
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.
850-97 Supplement 2003-03
City of Edina Land Use, Platting and Zoning 850.19
Subd. 3 Requirements for Building Coverage, Setbacks and Height.
A. FAR: 1.0.
I
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.
850-98 Supplement 2003-03
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
850-99 Supplement 2003-03
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.
850-100 Supplement 2003-03
City of Edina Land Use, Platting and Zoning 850.20
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
850-101 Supplement 2003-03
I
City of Edina Land Use, Platting and Zoning 850.21
opportunity to comment on such projects before making its recommendation
to the Council.
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.
i
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 General Flood Plain District (FD).
Subd. 1. Statutory Authorization, Findings Of Fact And Purpose
I
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, its 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 or flood protection and relief, and
impairment of the tax base, all of which adversely affect the public
health, safety, and general welfare.
i
2. Methods Used to Analyze Flood Hazards. This Subsection 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. National Flood Insurance Program Compliance. This Subsection is
adopted to comply with the rules and regulations of the National Flood
Insurance Program codified as 44 Code of Federal Regulations Parts 59 -
78, as amended, so as to maintain the community's eligibility in the
National Flood Insurance Program.
850-102 Supplement 2004-01
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City of Edina Land Use, Platting and Zoning 850.21
C. Statement of Purpose: It is the purpose of this Subsection 850.21 to
promote the public health, safety, and general welfare and to minimize those
losses described in Subd. 1. of Paragraph B. of Subd. 1 of this Subsection
850.21 by provisions contained herein.
Subd. 2. Definitions. The words and phrases used in this Subsection 850.21 shall be
interpreted so as to give them the same meaning as they have in common usage and so
as to give this subsection its most reasonable application. However, they 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 subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level. This definition shall apply only to this
Subsection 850.21 and for purposes of this Subsection, this definition shall
control over the definition in Subsection 850.03.
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
Flood. 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 flood plain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood
Insurance Study for the City developed by the Federal Emergency Management
Agency.
Flood Plain. The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
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 flood plain which are reasonably required to
carry or store the regional flood discharge.
Lowest Floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for parking
850-103 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.21
of vehicles, building access, or storage in an area other than a basement area, is
not considered a building's lowest floor.
Manufactured Home. A structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
"manufactured home" does not include the term "recreational vehicle."
Map. The Official Flood Plain Zoning Map described in Subd. 3 of this
Subsection 850.21.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into
any channel, watercourse, or regulatory flood plain which may impede, retard,
or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
Principal Use or Structure. Means 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.
Recreational Vehicle. A vehicle that is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is designed to be
self-propelled or permanently towable by a light duty truck, and is designed
primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use. For the purposes of this
Subsection, the term recreational vehicle shall be synonymous with the term
travel trailer/travel vehicle.
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.
Regulatory Flood Protection Elevation. The regulatory flood protection
elevation shall be 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 flood plain that result from designation of a floodway.
Structure. As defined in Subsection 850.03.
Substantial Damage. Damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
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City of Edina Land Use, Platting and Zoning 850.21
exceed 50 percent of the market value of the structure before the damage
occurred.
Substantial Improvement. Within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures that
have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
(b) Any alteration of an "historic structure," provided that the alteration will
not preclude the structure's continued designation as an "historic
structure." For the purpose of this Subsection, "historic structure" shall
be as defined in Code of Federal Regulations, Part 59.1.
Variance. Means a modification of a specific permitted development standard
required by any section of this Code, including this Subsection 850.21, to allow
an alternative development standard not stated as acceptable in the applicable
section of this Code, but only as applied to a particular property for the purpose
of alleviating an undue hardship, as defined and elaborated upon in Subsection
850.04.
Subd. 3. General Provisions
A. Lands to Which Subsection Applies: This Subsection shall apply to all lands
within the jurisdiction of the City shown on the Official Floodplain Zoning Map
(hereinafter described) and/or the attachments thereto as being located within the
boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.
B. Establishment of Official Floodplain Zoning Map. The Map, a composite
copy of which, reduced in size, is appended to this Code, together with all
materials attached thereto is hereby adopted by reference and declared to be a
part of this Subsection 850.21. The attached material shall include the Flood
Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County,
Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels
numbered 27053C0342E, 27053C0344E, 27053C0361E, 27053C0362E,
27053C0363E, 27053C0364E, 27053C0432E, 27053C0451E, AND
27053CO452E for the City, dated September 2, 2004, as developed by the
Federal Emergency Management Agency. The Map shall be on file in the office
of the Planner.
C. Regulatory Flood Protection Elevation: The regulatory flood protection
elevation shall be 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 flood plain that result from designation of a floodway.
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City of Edina Land Use,Platting and Zoning 850.21
D. Interpretation:
1. In their interpretation and application, the provisions of this
Subsection 850.21 shall be held to be minimum requirements and shall
be liberally construed in favor of the City and shall not be deemed a
limitation or repeal of any other powers granted by applicable ordinances
or state law.
2. The boundaries of the zoning districts shall be determined by scaling
distances on the Map. Where interpretation is needed as to the exact
location of the boundaries of the 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. All decisions will be based on elevations on the regional
(100-year) flood profile, the ground elevations that existed on the site at
the time the City adopted its initial floodplain ordinance, 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.
E. Abrogation and Greater Restrictions: It is not intended by this Subsection
850.21 to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this Subsection imposes greater restrictions,
the provisions of this Subsection shall prevail.
F. Warning and Disclaimer of Liability: This Subsection 850.21 does not
imply that areas outside the flood plain 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 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 thereunder.
G. Other Zoning Districts and Provisions: The inclusion of land within the
General Flood Plain 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 General Flood Plain 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.
H. Severability: If any section, clause, provision, or portion of this Subsection
is adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this Subsection shall not be affected thereby.
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City of Edina Land Use, Platting and Zoning 850.21
Subd. 4...Establishment Of Zoning Districts
A. Districts.
1. Floodway District (FW). The Floodway District shall include those
areas designated as floodway on the Map.
2. Flood Fringe District (FF). The Flood Fringe District shall include
those areas designated as floodway fringe. The Flood Fringe District
shall include those areas shown on the Map as being within Zone AE,
Zone A0, or Zone AH but being located outside of the floodway.
3. General Flood Plain District (FD). The General Flood Plain District
shall include those areas designated as Zone A or Zones AE, Zone A0,
or Zone AH without a floodway on the Map.
B. Compliance. No new structure or land shall hereafter be used and no
structure shall be constructed, located, extended, converted, or structurally
altered without full compliance with the terms of this Subsection and other
applicable regulations which apply to uses within the jurisdiction of this Code.
Within the Floodway District, Flood Fringe District and General Flood Plain
District, all uses not listed as permitted uses or conditional uses in Subds. 5, 6
and 7 of this Subsection 850.21, shall be prohibited. In addition, a caution is
provided here that:
1. New manufactured homes and replacement manufactured homes are
subject to the general provisions of this Section 850 and specifically
Subd. 10 of this Subsection 850.21.
2. Modifications, additions, structural alterations, normal maintenance
and repair, or repair after damage to existing nonconforming structures
and nonconforming uses of structures or land are regulated by the
general provisions of this Section 850 and specifically Subd. 12 of this
Subsection 850.21.
3. As-built elevations for elevated or flood proofed structures must be
certified by ground surveys and flood proofing techniques must be
designed and certified by a registered professional engineer or architect
as specified in the general provisions of this Code and specifically as
stated in Subd. 11 of this Subsection 850.21.
4. Mobile homes and mobile home parks, and recreational vehicles are
prohibited in the Floodway District (FW).
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:
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City of Edina Land Use,Platting and Zoning 850.21
1. General farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
2. Industrial-commercial loading areas, parking areas, and airport
landing strips.
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3. Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing
areas, and single or multiple purpose recreational trails.
4. Residential lawns, gardens, parking areas, and play areas.
B. Standards for Floodway District Permitted Uses.
1. The use shall be a permitted use in the underlying zoning district
established by this Subsection 5.
2. The use shall have a low flood damage potential.
3. The use shall be permissible in the underlying zoning district if one
exists.
4. 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.
C. Conditional Uses. The following uses are conditional uses in the Floodway
District and shall be allowed only if they comply with the standards set out in
paragraph D. of this Subd. 5 and then only pursuant to the issuance of a
conditional use permit.
1. Structures accessory to the uses listed in paragraph A above and the
uses listed in subparagraphs 2-7 below.
2. Extraction and storage of sand, gravel, and other materials.
3. Marinas, boat rentals, docks, piers, wharves, and water control
structures.
4. Railroads, streets, bridges, utility transmission lines, and pipelines.
5. Storage yards for equipment, machinery, or materials.
6. Placement of fill or construction of fences.
7. 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
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City of Edina Land Use,Platting and Zoning 850.21
crops for a frequency flood event equal to or less than the 10-year
frequency flood event.
D. Standards for Floodway District Conditional Uses:
1. All Uses. No structure (temporary or permanent), fill (including fill for
roads and levees), deposit, obstruction, storage of materials or equipment, or
other uses may be allowed as a conditional use that will cause any increase
in the stage of the 100-year or 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 paragraph D. of Subd. 11 of this Subsection 850.21.
3. The conditional use shall be permissible in the underlying zoning district
established by this Section 850.
4. Fill:
a. fill, dredge spoil, and all other similar materials deposited or stored
in the flood plain shall be protected from erosion by vegetative cover,
mulching, riprap or other acceptable method.
b. dredge spoil sites and sand and gravel operations shall not be
allowed in the floodway unless a long-term site development plan is
submitted which includes an erosion/sedimentation prevention element
to the plan.
c. as an alternative, and consistent with subparagraph b. immediately
above, dredge spoil disposal and sand and gravel operations may allow
temporary, on-site storage of fill or other materials which would have
caused an increase to the stage of the 100-year or regional flood but
only after the City has received an appropriate plan which assures the
removal of the materials from the floodway based upon the flood
warning time available. The conditional use permit must be title filed
for record against the property in the Hennepin County real estate
records.
5. Accessory Structures:
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures, if permitted, shall be constructed and placed
on the building site so as to offer the minimum obstruction to the flow
of flood waters:
(i) Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and
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City of Edina Land Use, Platting and Zoning 850.21
(ii) So far as practicable, structures shall be placed
approximately on the same flood flow lines as those of
adjoining structures.
c. Accessory structures shall be elevated on fill or structurally dry
flood proofed in accordance with the FP-1 or FP-2 flood proofing
classifications in the Building Code. As an alternative, an accessory
structure may be flood proofed to the FP-3 or FP-4 flood proofing
classification in the Building Code provided the accessory structure
constitutes a minimal investment, does not exceed 500 square feet in
size at its largest projection, and for a detached garage, the detached
garage must be used solely for parking of vehicles and limited storage.
All flood proofed accessory structures must meet the following
additional standards:
(i) The structure must be adequately anchored to prevent
flotation, collapse or lateral movement of the structure and
shall be designed to equalize hydrostatic flood forces on
exterior walls;
(ii) Any mechanical and utility equipment in a structure must
be elevated to or above the regulatory flood protection
elevation or properly flood proofed; and
(iii) To allow for the equalization of hydrostatic pressure,
there must be a minimum of two "automatic" openings in the
outside walls of the structure having a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding. There must be openings on at least two
sides of the structure and the bottom of all openings must be
no higher than one foot above the lowest adjacent grade to the
structure. Using human intervention to open a garage door
prior to flooding will not satisfy this requirement for automatic
openings.
6. 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.
i
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.
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 Minnesota Statute, Chapter 103G. Community-wide structural
works for flood control intended to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
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City of Edina Land Use, Platting and Zoning 850.21
8. A levee, dike or floodwall constructed in the floodway shall not cause an
increase to the 100-year or regional flood and the technical analysis must
assume equal conveyance or storage loss on both sides of a stream.
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 use districts established by this
Section 850. All permitted uses shall comply with the standards listed 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 basement floor is at or above the
regulatory flood protection elevation. The finished fill elevation for
structures shall be no lower than one (1) foot below the regulatory flood
protection elevation and the fill shall extend at such elevation at least
fifteen (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 at
its largest projection may be internally flood proofed in accordance with
part c. of subparagraph 5. of paragraph D. of Subd. 5 of this Subsection
850.21.
3. The cumulative placement of fill where at any one time in excess of
one-thousand (1,000) cubic yards of fill is 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 subparagraph 1. of
paragraph B. 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 flood
proofed in accordance with subparagraphs 1. and 2. of paragraph B. of this
Subd. 6 and or any use of land that does not comply with the standards in
subparagraphs 3. and 4. of paragraph B. of this Subd. 6 shall only be allowable
as a conditional use and then only if pursuant to the issuance of a conditional use
permit. An application for a conditional use shall be subject to the standards
and criteria and evaluation procedures specified in paragraphs D. and E. of this
Subd 6 and paragraph D. of Subd. 11 of this Subsection 850.21.
D. Standards for Flood Fringe District Conditional Uses.
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City of Edina Land Use,Platting and Zoning 850.21
1. Alternative elevation methods other than the use of fill may be
utilized to elevate a structure's lowest floor above the regulatory flood
protection elevation. These alternative methods may include the use of
stilts, pilings, parallel walls, etc., 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: 1) the enclosed area is above-grade on at least one side
of the structure; 2) it is designed to internally flood and is constructed
with flood resistant materials; and 3) 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 must be at or above the
regulatory flood protection elevation or be designed to prevent
flood water from entering or accumulating within these
components 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) A minimum area of automatic openings in the walls
where internal flooding is to be used as a flood proofing
technique. There shall be a minimum of two openings on at
least two sides of the structure and the bottom of all openings
shall be no higher than one-foot above grade. The automatic
openings shall have a minimum net area of not less than one
square inch for every square foot subject to flooding unless a
registered professional engineer or architect certifies that a
smaller net area would suffice. The automatic 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 without any form of human intervention;
and
(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.
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City of Edina Land Use, Platting and Zoning 850.21
b. Non-residential basements may be allowed below the
regulatory flood protection elevation provided the basement is
structurally dry flood proofed in accordance with subparagraph 3.
of paragraph D. of Subd 6 of this Subsection.
3. All areas of non residential structures including basements to be
placed below the regulatory flood protection elevation shall be flood
proofed in accordance with the structurally dry flood proofing
classifications in the Building Code. Structurally dry flood proofing
must meet the FP-1 or FP-2 flood proofing classification in the Building
Code and this 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 flood
proofed to the FP-3 or FP-4 classification 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 the Planner.
The plan must clearly specify methods to be used to stabilize the fill on
site for a flood event at a minimum of the 100-year or 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 flood plain if adequate flood warning time exists.
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
Governing Body.
6. The provisions of paragraph E. of Subd. 6 of this Subsection shall
also apply.
E. Standards for All Flood Fringe District Uses.
1. All new principal structures must have vehicular access at or above
an elevation not more than two (2) 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 for times of flooding and only after determining that adequate
flood warning time and local flood emergency response procedures exist.
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City of Edina Land Use, Platting and Zoning 850.21
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 for such facilities to be used by
the employees or the general public shall not be granted in the absence of
a flood warning system that provides adequate time for evacuation if the
area would be inundated to a depth and velocity such that when
multiplying the depth (in feet) times velocity (in feet per second) the
product number exceeds four (4) upon occurrence of the regional flood.
3. For manufacturing and industrial uses measures shall be taken to
minimize interference with normal plant operations especially along
streams having protracted flood durations. Certain accessory land uses
such as yards and parking lots may be at lower elevations subject to
requirements set out in subparagraph 2. of paragraph E. above. In
considering permit applications, due consideration shall be given to
needs of an industry whose business requires that it be located in flood
plain areas.
4. Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method. 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
the initiation of site preparation if a change of special flood hazard area
designation will be requested.
5. Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the Map.
6. Standards for recreational vehicles are contained in Subsection
1046.03 and shall apply in the Flood Fringe (FF).
7. 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 to be limited
to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
8. 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.
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City of Edina Land Use, Platting and Zoning 850.21
Subd. 7. General Flood Plain District (FD)
A. Permissible Uses. The following uses are permitted in the General Flood
Plain District:
1. The uses listed in paragraph A. of Subd 5 of this Subsection 850.21
shall be permitted uses.
2 All other uses shall be subject to the floodway/flood fringe evaluation
criteria pursuant paragraph B. below. Subd. 5 of this Subsection 850.21
shall apply if the proposed use is in the Floodway District and Subd. 6 of
this Subsection 850.21 shall apply if the proposed use is in the Flood
Fringe District.
B. Procedures for Floodway District and Flood Fringe District Determinations
Within the General Flood Plain District.
1. Upon receipt of an application for a permit or other approval within
the General Flood Plain District, the applicant shall be required to
furnish such of the following information as is deemed necessary by the
Planner for the determination of the regulatory flood protection elevation
and whether the proposed use is within the Floodway District or Flood
Fringe District.
a. A typical valley cross-section(s) 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, and high water information.
b. Plan (surface view) showing elevations or contours of the
ground, pertinent structure, fill, or storage elevations, the size,
location, and spatial arrangement of all proposed and existing
structures on the site, and the location and elevations of streets.
c. Photographs showing existing land uses, vegetation upstream
and downstream, and soil types.
d. Profile showing the slope of the bottom of the channel or flow
line of the stream for at least 500 feet in either direction from the
proposed development.
2 The applicant shall be responsible to submit one copy of the above
information to a designated engineer or other expert person or agency for
technical assistance in determining whether the proposed use is in the
Floodway District or Flood Fringe District and to determine the
regulatory flood protection elevation. Procedures consistent with
Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code
of Federal Regulations Part 65 shall be followed in this expert
evaluation. The designated engineer or expert is strongly encouraged to
discuss the proposed technical evaluation methodology with the
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City of Edina Land Use, Platting and Zoning 850.21
respective Department of Natural Resources' Area Hydrologist prior to
commencing the analysis. The designated engineer or expert shall:
a. Estimate the peak discharge of the regional flood.
I I
b. Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
C. Compute the floodway necessary to convey or store the
regional flood without increasing flood stages more than 0.5 foot.
A lesser stage increase than .5' shall be required if, as a result of
the additional stage increase, increased flood damages would
result. An equal degree of encroachment on both sides of the
stream within the reach shall be assumed in computing floodway
boundaries.
3. The Planner shall present the technical evaluation and findings of the
designated engineer or expert to the Council. The Council must formally
accept the technical evaluation and the recommended Floodway District
and/or Flood Fringe District boundary or deny the permit application.
The Council, prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management
Agency, the Department of Natural Resources or the Planning j
Commission for review and comment. Once the Floodway and Flood
Fringe District Boundaries have been determined, the Council shall refer
the matter back to the Planner who shall process the permit application
consistent with the applicable provisions of Subds. 5 and 6 of this
Subsection.
Subd. 8 Subdivisions.
A. Review Criteria: No land shall be platted or subdivided, as defined in
Section 810 of this Code, which is unsuitable for the reason of flooding,
inadequate drainage, water supply or sewage treatment facilities. All lots within
the General Flood Plain District shall be able to contain a building site outside
of the Floodway District at or above the regulatory flood protection elevation.
All subdivisions shall have water and sewage treatment facilities that comply
with the provisions of this Subsection and have road access both to the
subdivision and to the individual building sites no lower than two feet below the
regulatory flood protection elevation. For all subdivisions in the flood plain, the
Floodway District and Flood Fringe District boundaries, the regulatory flood
protection elevation and the required elevation of all access roads shall be
clearly labeled on all required subdivision drawings and platting documents.
B. Floodway/Flood Fringe Determinations in the General Flood Plain District:
In the General Flood Plain District, applicants shall provide the information
required in paragraph B. of Subd. 7 of this Subsection 850.21 to determine the
100-year flood elevation, the Floodway District and Flood Fringe District
boundaries and the regulatory flood protection elevation for the subdivision site.
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City of Edina Land Use,Platting and Zoning 850.21
C. Removal of Special Flood Hazard Area Designation: 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 the
initiation of site preparation if a change of special flood hazard area designation
will be requested.
Subd. 9 Public Utilities, Railroads, Roads, And Bridges.
A. Public Utilities. All public utilities and facilities such as gas, electrical,
sewer, and water supply systems to be located in the flood plain shall be flood
proofed in accordance with the Building Code or elevated to above the
regulatory flood protection elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be
located within the flood plain shall comply with Subd. 5 and 6 of this Subsection
850.21. 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: Where public
utilities are not provided: 1) On-site water supply systems must be designed to
minimize or eliminate infiltration of flood waters into the systems; and 2) New
or replacement on-site sewage treatment systems must be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters and they shall not be subject to impairment or
contamination during times of 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.
Subd. 10 Manufactured Homes.
A. The placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are located in
flood plain districts will be treated as a new structure and may be placed only if
elevated in compliance with Subd. 6 of this Subsection 850.21. If vehicular
road access for pre-existing manufactured home parks is not provided in
accordance with subparagraph 1. of paragraph E. of Subd. 6 of this Subsection
850.21, then replacement manufactured homes will not be allowed until the
property owner(s) develops a flood warning emergency plan acceptable to the
Governing Body.
B. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral movement.
850-117 Supplement 2004-01
City of Edina
Land Use,Platting and Zoning 850.21
Methods of anchoring may include, but are not to be limited to, use of over-
the-top or frame ties to ground anchors. This requirement is in addition to
applicable state or local anchoring requirements for resisting wind forces.
Subd. 11 Administration
A.
Planner
The Planner shall administer and enforce this Subsection. If the
Planner finds a violation of the provisions of this Subsection the Planner shall
notify the person responsible for such violation in accordance with the
procedures stated in Subd. 13 of the Subsection 850.21.
B. Permit Requirements:
1. Permit Required. A permit issued by the Planner in conformation
with the provisions of this Subsection 850.21 shall be obtained prior to
the erection, addition, modification, rehabilitation (including normal
maintenance and repair), or alteration of any building, structure, or
portion thereof; prior to the use or change of use of a building, structure,
or land; prior to the construction of a dam, fence, or on-site septic
system; prior to the change or extension of a nonconforming use; prior
to the repair of a structure that has been damaged by flood, fire, tornado,
or any other source; and prior to the placement of fill, excavation of
materials, or the storage of materials or equipment within the flood i
plain.
I
2 Application for Permit. Application for a permit shall be made in
duplicate to the Planner on forms furnished by the Planner and shall
include the following where applicable: plans in duplicate drawn to
scale, showing the nature, location, dimensions, and elevations of the
lot; existing or proposed structures, fill, or storage of materials; and the
location of the foregoing in relation to the stream channel.
3. State and Federal Permits. Prior to granting a permit or processing
an application for a conditional use permit or variance, the Planner shall
determine that the applicant has obtained all necessary state and federal
permits.
4. Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or permit the
use or occupancy of any building or premises or part thereof hereafter
created, erected, changed, converted, altered, or enlarged in its use or
structure until a certificate of zoning compliance shall have been issued
by the Planner stating that the use of the building or land conforms to the
requirements of this Subsection.
5. Construction and Use to be as Provided on Applications, Plans,
Permits, Variances and Certificates of Zoning Compliance. Permits,
conditional use permits, or certificates of zoning compliance issued on
the basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and
850-118 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.21
applications, and no other use, arrangement, or construction. Any use,
arrangement, or construction at variance with that authorized shall be
deemed a violation of this Subsection, and punishable as provided by
Subd. 13 of this Subsection 850.21.
6. Certification. The applicant shall be required to submit certification
by a registered professional engineer, registered architect, or registered
land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this Subsection.
Flood proofing measures shall be certified by a registered professional
engineer or registered architect.
7. Record of First Floor Elevation. The Planner shall maintain a
record of the elevation of the lowest floor (including basement) of all
new structures and alterations or additions to existing structures in the
flood plain. The Planner shall also maintain a record of the elevation to
which structures or alterations and additions to structures are flood
proofed.
8. Notifications for Watercourse Alterations. The Planner shall notify,
in riverine situations, adjacent communities and the Commissioner of the
Department of Natural Resources prior to the community authorizing any
alteration or relocation of a watercourse. If the applicant has applied for
a permit to work in the beds of public waters pursuant to Minnesota
Statute, Chapter 103G, this shall suffice as adequate notice to the
Commissioner of Natural Resources. A copy of said notification shall
also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
9. Notification to FEMA When Physical Changes Increase or Decrease
the 100-year Flood Elevation. As soon as is practicable, but not later
than six (6) months after the date such supporting information becomes
available, the Planner shall notify the Chicago Regional Office of FEMA
of the changes by submitting a copy of said technical or scientific data.
C. Board of Approvals:
1. Rules. The Board shall adopt rules for the conduct of business and
may exercise all of the powers conferred on such Board by State law.
2. Administrative Review. The Board shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement or
administration of this Subsection, and all requests for variances in
connection with this Subsection 850.21, in the same manner, including
notices, as it hears and decides appeals and requests for variances under
Subsection 850.04, except as otherwise provided herein.
3. Variances. The Board may authorize variances from the terms of
this Subsection only in the event that strict enforcement of the literal
850-119 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.21
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 will be in keeping with the spirit and intent of this
Subsection 850. Undue hardship shall have the same meaning and shall
be interpreted in the same way, as in Subd. 1 of Subsection 850.04. In
the granting of such variance, the Board shall clearly identify in writing
the specific conditions that existed consistent with the criteria specified in
this Subsection 850.21 and Section 850.04, and in the respective
enabling legislation that justified the granting of the variance. No
variance shall have the effect of allowing in any district uses prohibited
in that district, permit a lower degree of flood protection than the
regulatory flood protection elevation for the particular area, or permit
standards lower than those required by state law. The following
additional variance criteria of the Federal Emergency Management
Agency must be satisfied:
a. Variances shall not be issued by a community within any
designated regulatory floodway if any increase in flood levels
during the base flood discharge would result.
b. Variances shall only be issued by a community upon (i) a
showing of good and sufficient cause, (ii) a determination that
failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or Subsections.
c. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
4. Hearings. Upon filing with the Board of an appeal from a decision
of the Planner, or an application for a variance, the Board shall hold a
hearing therein as provided in Subd. 1 of Subsection 850.04. The Board
shall submit by mail to the Commissioner of Natural Resources a copy of
the application for proposed variances sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
5. Decisions. The Board shall arrive at a decision on such appeal or
variance as provided in Subd. 1 of Subsection 850.04. In passing upon
an appeal, the Board may, so long as such action is in conformity with
the provisions of this Subsection, reverse or affirm, wholly or in part, or
modify the order, requirement, decision or determination of the Planner
or other public official. It shall make its decision in writing setting forth
the findings of fact and the reasons for its decisions. In granting a
variance the Board may prescribe appropriate conditions and safeguards
such as those specified in subparagraph 6 of paragraph D of Subd. 11 of
this Subsection 850.21, which are in conformity with the purposes of this
850-120 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.21
Subsection. Violations of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be deemed a
violation of this Subsection 850.21 punishable under Subd. 13 of this
Subsection 850.21. A copy of all decisions granting variances shall be
forwarded by mail to the Commissioner of Natural Resources within ten
(10) days of such action.
6. Appeals. Appeals from any decision of the Board may be made, and
as specified in Subd. 1 of Subsection 850.04.
7. Flood Insurance Notice and Record Keeping. The Planner shall
notify the applicant for a variance that: 1) The issuance of a variance to
construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for $100
of insurance coverage and 2) Such construction below the 100-year or
regional flood level increases risks to life and property. Such
notification shall be maintained with a record of all variance actions. A
community shall maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its
annual or biennial report submitted to the Administrator of the National
Flood Insurance Program.
D. Conditional Uses.
1. Notice to Commissioner. Upon filing with the City of an application
for a conditional use permit, the City shall submit by mail to the
Commissioner of Natural Resources a copy of the application for
proposed conditional use sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
2. 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.
3. 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. In granting a
conditional use permit the City Council shall prescribe appropriate
conditions and safeguards, in addition to those specified in subparagraph
6. of paragraph D. of Subd. 11 of this subsection, which are in
conformity with the purposes of this Subsection. Violations of such
conditions and safeguards, when made a part of the terms under which
the conditional use permit is granted, shall be deemed a violation of this
Subsection punishable under Subd. 13 of this Subsection. A copy of all
decisions granting conditional use permits shall be forwarded by mail to
850-121 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.21
i
the Commissioner of Natural Resources within ten (10) days of such
action.
i
4. Procedures to be followed by the City Council in Passing on
Conditional Use Permit Applications Within all Flood Plain Districts.
a. Require the applicant to furnish such of the following
information and additional information as deemed necessary by
the City Council for determining the suitability of the particular
site for the proposed use:
(i) Plans in triplicate drawn to scale showing the nature,
location, dimensions, and elevation of the lot, existing or
proposed structures, fill, storage of materials, flood proofing
measures, and the relationship of the above to the location of
the stream channel; and
(ii) Specifications for building construction and materials,
in 'I
flood proofing, filling, dredging,g, g radin g, channel
improvement, storage of materials, water supply and sanitary
facilities.
b. Transmit one copy of the information described in
subpararaph a. above to a designated engineer or other expert
person or agency for technical assistance, where necessary, in
evaluating the proposed project in relation to flood heights and
velocities, the seriousness of flood damage to the use, the
adequacy of the plans for protection, and other technical matters.
C. Based upon the technical evaluation of the designated
engineer or expert, the Council shall determine the specific flood
hazard at the site and evaluate the suitability of the proposed use
in relation to the flood hazard.
5. Factors Upon Which the Decision of the Council Shall Be Based.
In passing upon conditional use applications, the Council shall consider
all relevant factors specified in other sections of this Subsection 850.21,
and:
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.
850-122 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.21
d. The susceptibility of the proposed facility 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
facility to the community.
f. The requirements of the facility 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 flood plain 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.
1. Such other factors which are relevant to the purposes of this
Subsection.
6. Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purpose of this
Subsection 850.21, the City Council shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill the
purposes of this Subsection 850.21. Such conditions may include, but
are not limited to, 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. Flood proofing measures, in accordance with the Building
Code and this Subsection. The applicant shall submit a plan or
document certified by a registered professional engineer or
architect that the flood proofing measures are consistent with the
850-123 Supplement 200401
i
City
of Edina Land Use, Platting and Zoning 850.21
regulatory flood protection elevation and associated flood factors
for the particular area.
Subd. 12. Nonconforming Uses.
I �
A. A structure or the use of a structure or premises which was lawful before
the passage or amendment of this Subsection but which is not in conformity with
the provisions of this Subsection may be continued subject to the following
conditions. Historic structures, as defined in Subd. 2 of this Subsection 850.21
shall be subject to the provisions of subparagraphs 1. - 5. of paragraph A. of
Subd. 12 of this Subsection 850.21.
1. No such use shall be expanded, changed, enlarged, or altered in a
way that increases its nonconformity.
2. Any structural alteration or addition to a nonconforming structure or
nonconforming use which would result in increasing the flood damage
potential of that structure or use shall be protected to the Regulatory
Flood Protection Elevation in accordance with any of the elevation on fill
or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing
classifications) allowable in the Building Code, except as further
restricted in subparagraphs 3. - 6. below.
3. The cost of any structural alterations or additions to any
nonconforming structure over the life of the structure shall not exceed 50
percent of the market value of the structure unless the conditions of this
Section are satisfied. The cost of all structural alterations and additions
constructed since the adoption of the Community's initial flood plain
controls must be calculated into today's current cost which will include
all costs such as construction materials and a reasonable cost placed on
all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the current market value
of the structure, then the structure must meet the standards of Subd. 5
and 6 of this Subsection for new structures depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
4. If any nonconforming use is discontinued for 12 consecutive months,
any future use of the building premises shall conform to this Subsection.
The Assessor shall notify the Planner in writing if aware of instances of
nonconforming uses that have been discontinued for a period of 12
months.
5. If this is substantial damage to any nonconforming use or structure,
it shall not be reconstructed except in conformity with the provisions of
this Subsection 850.21. The applicable provisions for establishing new
uses or new structures in Subd. 5, 6 and 7 of this Subsection 850.21 will
apply depending upon whether the use or structure is in the Floodway
District, Flood Fringe District or General Flood Plain District,
respectively.
850-124 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.21
6. If a substantial improvement occurs from any combination of a
building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the
inside dimensions of an existing nonconforming building, then the
building addition (as required by subparagraph 2 above) and the existing
nonconforming building must meet the requirements of Subd. 5 and 6 of
this Subsection 850.21 for new structures, depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
Subd. 13 Penalties For Violation
A. The provisions, penalties and remedies set out in Subsection 850.04 shall
apply to any violation of the provisions of this Subsection 850.21.
B. Nothing herein contained shall prevent the City from taking such other
lawful action as is necessary to prevent or remedy any violation. Such actions
may include but are not limited to:
1. In responding to a suspected violation of this Subsection 850.21, the
Planner and City may utilize the full array of enforcement actions
available to it including but not limited to prosecution and fines,
injunctions, after-the-fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for denial of flood
insurance availability to the guilty party. The City must act in good faith
to enforce these official controls and to correct violations of this
Subsection 850.21 to the extent possible so as not to jeopardize its
eligibility in the National Flood Insurance Program.
2. When a violation of this Subsection 850.21 is either discovered by or
brought to the attention of the Planner, the Planner shall immediately
investigate the situation and document the nature and extent of the
violation of the official control. As soon as is reasonably possible, this
information will be submitted to the appropriate Department of Natural
Resources' and Federal Emergency Management Agency Regional
Office along with the City's plan of action to correct the violation to the
degree possible.
3. The Planner shall notify the suspected party of the requirements of
this Subsection 850.21 and all other official controls and the nature and
extent of the suspected violation of these controls. If the structure and/or
use is under construction or development, the Planner may order the
construction or development immediately halted until a proper permit or
approval is granted by the City. If the construction or development is
already completed, then the Planner may either: (1) issue an order
identifying the corrective actions that must be made within a specified
time period to bring the use or structure into compliance with the official
controls; or (2) notify the responsible party to apply for an after-the-fact
permit/development approval within a specified period of time not to
exceed 30-days.
850-125 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.21
4. If the responsible party does not appropriately respond to the Planner
within the specified period of time, each additional day that lapses shall
constitute an additional violation of this Subsection and shall be
prosecuted accordingly. The Planner shall also upon the lapse of the
specified response period notify the landowner to restore the land to the
condition which existed prior to the violation of this Subsection.
Subd. 14 Amendments
A. The flood plain designation on the Map shall not be removed from flood
shown that the designation' areas unless it can be nation is in error or that the area g
plain
has been filled to or above the elevation of the regulatory flood protection
elevation and is contiguous to lands outside the flood plain. Special exceptions
to this rule may be permitted by the Commissioner of Natural Resources if he
determines that, through other measures, lands are adequately protected for the
intended use.
B. All amendments to this Subsection, including amendments to the Map, must
be submitted to and approved by the Commissioner of Natural Resources prior
to adoption. Changes in the Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria and must
receive prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given 10-days written notice of all hearings to consider an j
amendment to this Subsection and said notice shall include a draft of the
amendment to this Subsection 850.21 or technical study under consideration.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825-AI not published;
amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825 A10 not granted, 825-A11 9-2-87,
825-Al2 12-24-86, 825-A13 referred to staff--Council minutes 1-16-87; amended by 825-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-A3811-28-90. Amended by Ord. 850-A1 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-
811, 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 850-A19 16-00; Ord
850-A20 6-19-01; Ord 850-A21 6-19-01; Ord 2001-03, 6-19-01; Ord 2001-7 10-3-01; Ord No.
850-A22 3-19-02; Ord No. 2002-03, 6-18-02; Ord 2002-06 9-27-02; 2003-03 2-4-03; Ord 2003-
06, 6-3-03; Ord 2003-12 12-16-03; Ord 2004-7, 5-18-04; Ord. 2004-11, 8-17-04
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross-Reference: Sections 185, 705, 801, 805, 810, 815, 1045, 1310, 1345, 1405
850-126 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.21
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.
850-127 Supplement 2003-02
City of Edina Liquor 900.8
A.Any person under the State established legal drinking age.
B. 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.
C. Any person not eligible under M.S. 340A.402, the regulations of the Commissioner
or Section 160 of this Code.
D.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.
E. 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.
F. Any person who is an employee or elected official of the City.
G.Any person who has falsified any information given either in the application or in
the process of investigation.
H.Any person who upon renewal, has been found in violation of any provision of this
Section or applicable State Law.
I. If an individual, any person who is not a U.S. citizen or resident alien.
J. Any person who is financially indebted to a person who is disqualified under this
Subd.
K.If for a Temporary On-Sale Intoxicating Liquor License, any organization other than
the Edina Chamber of Commerce, the 50th 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.
L. 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
900-7 Supplement 2004-01
City of Edina Liquor 900.9
Temporary On-Sale Intoxicating Liquor License during all or part of the same license
term.
M. . 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
I
900.09 Places Ineligible for a License
Subd. 1 General Restrictions. No off-sale or on-sale license shall be granted or
renewed for:
I
A. Any property on which taxes, assessments or other financial claims of the li
State, County or City are due, delinquent or unpaid.
y a person
is to be conducted is owned b
B. Any property on which the business
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.
I
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
900-8 Supplement 2004-01
City of Edina Liquor 900.10
License shall be granted to any theater, recreation establishment, public dancing place
or establishment holding any on-sale license.
Subd. 3 On-Sale 3.2 Percent Malt Liquor Licenses. In addition to the
requirements of Subd.1 of this Subsection, no On-Sale 3.2 Percent Malt Liquor License
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. l 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.
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,
POD-2 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.
900-9 Supplement 200401
City of Edina Liquor 900.10
Subd. 3 Under Age Workers. No person under the age of 18 shall serve or sell
liquor or wine.
Subd. 4 Gambling and Prostitution. No licensee shall keep, possess or operate, or
permit the keeping, possession or operation on the licensed premises, or in any room
adjoining the licensed premises controlled by the licensee, any slot machines, dice or
other gambling equipment as defined in M.S. 349.30, nor permit any gambling therein,
nor permit the licensed premises or any room in the same or in any adjoining building,
directly or indirectly under licensee's control, to be used as a resort for prostitutes or
other disorderly persons; provided, however, that lawful gambling may be carried on if
allowed by this Code and where allowed by a license issued pursuant to M.S. 349 or
this Code.
Subd. 5 Manufacturer or Distiller of Malt Liquor. No equipment or fixture in
any licensed place shall be owned in whole or in part by any manufacturer or brewer,
as defined in M.S. 340A, of wine or liquor.
Subd. 6 Open to Inspection. All licensed premises shall be open to inspection by
any police officer or other designated officer or employee of the City at any time there
are persons within the licensed premises.
Subd. 7 Hours of Sale. The hours and days of sale shall be as set forth in M.S.
340A.504. Except, however:
A. Establishments holding a Wine License under this Section or establishments
holding both an On-Sale Club Liquor License and a Sunday On-Sale License
under this Section may sell intoxicating liquor or wine in conjunction with the
sale of food between the hours of 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.
900-10 Supplement 2004-01
City of Edina Liquor 900.17
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-A1 4-24-85; Ord 902-A2 12-11-85;
Ord 902-A3 4-23-86; Ord 902-A4 6-25-86; Ord 902-A6 12-19-89; Ord 902-A7 5-23-90; Ord
902-A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9; Ord 902-A10 4-10-91; Subsection 900.22
repealed by Ord 1993-1 1-20-93; Ord 1993-11 10-27-93; Subsection 900.26 repealed by Ord
1994-10 10-12-94; amended by Ord 1995-11 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; amended by Ord 2000-13 12-19-00, amended by Ord 2001-6; amended by Ord 2001-8; 11-
20-01; amended by Ord 2002-10, 1-21-03; amended by Ord 2004-02, 3-16-04; Ord. 2004-08,
5-27-04;
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
900-15 Supplement 2004-01
City of Edina Streets and Parks 1225.04
Section 1225 -Transportation Commission
1225.01 Policy and Establishment. The Council finds that the creation and operation of a
street and transportation system is an integral part of the long-term vision for the City. The
Council also finds that congestion on the regional roadway system and the failure of that system to
accommodate the continued growth in traffic volumes has created and exacerbated traffic volumes,
speed and congestion on local streets; that such volumes, speed and congestion are adversely
affecting the quality of life of the City's residents; that businesses located in the City are adversely
affected by the inadequacy of the regional system to move people and goods; and that improving
the local transportation system is consistent with the Comprehensive Plan and strategic plans of the
City. Therefore, the Council hereby establishes the Transportation Commission (the
"Commission").
1225.02 Purpose and Duties. The Commission shall:
A. Advise the Council on matters relating to the operation of the local street system
with respect to traffic volumes, congestion, and functional classification, but not
maintenance activities, of the City.
B. Review and comment on plans to enhance mass transit opportunities in the City.
C. Review the findings of the Local Traffic Task Force and offer recommendations for
implementation.
D. Evaluate methods for traffic calming and other speed and volume mitigation
measures and recommend their implementation where appropriate.
1225.03 Membership. The Commission shall consist of eight members appointed by the Mayor
with the consent of the majority of the Council. The Mayor shall endeavor to appoint members
such that the Commission is reflective of the different geographic areas of the City. One member
of the Commission shall also be a member of the Planning Commission. One member of the
Commission may be a high school student. Members shall serve until a successor has been
appointed. All members of the Commission shall be residents of the City and shall be appointed for
a term of three years except any student member shall be appointed for a one year term. The
Council may stagger the terms of the first Commission appointed. Upon termination of a member's
term, that member's successor shall be appointed for the remainder of such term. Members of the
Commission shall serve without compensation and may resign voluntarily or be removed by a
majority vote of the Council pursuant to Section 180 of this Code. Commission members who
discontinue legal residency in the City may be removed from office by the Mayor with the consent
of a majority of the Council.
1225.04 Meetings. All meetings of the Commission shall be open to the public, be governed by
Robert's Rules of Order, and otherwise be held pursuant to its bylaws. The Commission shall hold
its regular meetings on such fixed date and in such fixed place as it from time to time shall
determine. The minutes of all meetings shall be recorded and a copy thereof transmitted to each
member of the Council.
History: Ord 2003-09 7-15-03; amended by Ord 2003-1412-16-03
Cross Reference: Section 180
1225 - 1 Supplement 2003-03
City of Edina Trades and Occupations 1310.03
Section 1310 - Peddlers and Solicitors
1310.01 Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection.
Peddler. Any person with no fixed place of business who goes from residence to
residence carrying or transporting goods, wares or merchandise and offering or
exposing the same for sale, or making sales and deliveries to their purchasers.
Solicitor. Any person who goes from residence to residence soliciting or taking or
attempting to take orders for the purchase of goods, wares or merchandise,
including magazines, books, periodicals and personal property of any nature
whatsoever for future delivery, or orders for the performance of maintenance or
repair services in or about the home or place of business, such as furnace cleaning,
house painting, roof repair or blacktopping.
1310.02 Peddlers and Solicitors May be Prohibited by Placard. Any resident of the City
who wishes to exclude peddlers or solicitors from the dwelling unit occupied by the
resident may place upon or near the usual entrance to the dwelling unit a printed placard
or sign bearing the following notice: "Peddlers and Solicitors Prohibited". The placard or
sign shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing shall not
be smaller than 48 point type. No peddler or solicitor shall enter upon any premises, ring
any doorbell, or knock on any door where a placard or sign is posted, unless the peddler
or solicitor has been previously invited by the resident of the dwelling unit.
1310.03 Shall Not Deface Placard. No person other than the dwelling unit's occupant
shall remove, injure or deface the placard or sign.
History. Ord 1303 codified 1970; amended by Ord 1303 AI 11-8-73
1310 - 1