HomeMy WebLinkAbout2006-03 Supplement Old Pages Memorandum
Date: December 20, 2006
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement 2006-02
1 am sending you the newest update for your Edina City Code book,Supplement No.2006-2. This supplement
contains all ordinances adopted by the City Council through December 19,2006. Please replace the following
pages as noted:
Table of Contents—Replace all four pages
Section 120—Replace entire section,amended by Ord.2006-7
Section 121 —New section enacted by Ord.2006-09
Section 185-Schedule A—Replace entire section,amended by Ord. No.2006-12,new fees and
charges for 2007. Effective date is January 1,2006 for most of these fees.
Section 300—Replace entire section,amended by Ord. No.2006-03
Section 450—Replace entire section,amended by Ord. No.2006-06
Section 705—Replace entire section,amended by Ord. No.2006-08
Section 810—Replace entire section,amended by Ord No.2006-01
Section 850—Replace entire section,amended by Ord No.2006-01 &Ord No.2006-02
Section 900—Replace pages 9, 10& 15,amended by Ord. No.2006-10
Section 1100—Replace entire section,amended by Ord. No.2006-04
Section 1235—Replace entire section,amended by Ord. No.2006-05
Section 1300—Replace entire section,amended by Ord. No.2006-08
Section 1341 —Replace entire section,amended by Ord. No.2006-11
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 185 - Fees and Charges
Section 190 - Partial Pre-payment of Assessments
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 2005-2
Section 430 - Regulating Installers of Gas Piping or Gas Burning Systems, Oil Burners,
Stokers, Steam or Hot Water Heating Systems, Mechanical Warm Air
Heating and Air Conditioning Systems, Refrigeration Systems, Plumbing
and Water Conditioning Equipment
Section 435 - Regulating Mechanical and Gas Piping Work
Section 440 - Regulating Plumbing and Installation of Water Cooling Equipment
Section 445 - Requiring Connections to Sanitary Sewer and Water Systems; Regulating
Discharges into Sanitary Sewer System
Section 450 - Swimming Pools
Section 455 - Public Bathrooms and Restrooms
Section 460 - Signs
Section 470 - Dangerous or Substandard Buildings
Section 475 - Parking Ramps
Section 480 - Exterior of Single Dwelling Unit and Double Dwelling Unit
Section 485 - Public Safety 800 MHz Radio Building Coverage
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 2006-1
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 1221 - Art Center Board
Section 1225 - Transportation Commission
Section 1230 - Conduct in Parks and Public Places
Section 1235 - Municipal Parking Facilities
3 Supplement 2005-2
CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
Section 1305 - Scavengers
Section 1311 - Peddlers and Solicitors
Section 1315 - Advertising Material on Residential Property
Section 1326 - Sale of Tobacco; Licensing
Section 1330 - Taxicabs and Taxicab Drivers
Section 1341 - Physical Culture and Health Services and Clubs
Section 1345 - Sexually-Oriented Businesses
Section 1350 - Motion Pictures and Commercial Photography
CHAPTER 14. TRAFFIC CONTROL AND VEHICLES
Section 1400 - Pedestrian, Bicycle and Vehicular Traffic, Parking, Standing and Loading
Section 1405 - Clear View Zone
Section 1410 - Impounding of Unoccupied Vehicles Found to be in Violation
Section 1415 - Abandoned Motor Vehicles
Section 1425 - Registration of Bicycles
Section 1435 - Snowmobiles, Motorcycles, and All Terrain Vehicles
4 Supplement 2005-2
City of Edina General Code Provisions and Administration 120.01
Section 120 - Salaries for Council Members
120.01 Salaries. The salaries of Council Members shall be as follows commencing January 1,
1989:
Mayor $7,050 Annually
Council Members $5,100 Annually
History: Ord 124 adopted 2-7-74; amended by Ord 124-A1 12-19-74, Ord 124-A2 2-4-76, Ord
124-A3 2-10-77, Ord 124-A4 2-15-78, Ord 124-A5 10-29-80, Ord 124-A612-28-88
Reference: M.S. 43A.17, Subd. 9, 415.11
120 - 1
City of Edina Animals 300.01
CHAPTER 3. ANIMALS
Section 300 - Animal Control and Licensing
300.01 Definitions. Unless the context clearly indicates otherwise, the following words and
phrases have the meanings given in this Subsection.
Animal. Without limitation, livestock, rodents, dogs, cats, birds, reptiles and other
animals.
Accessory Building. A subordinate building or portion of a main building which is
located on the same lot as the main building and the use of which is clearly incidental to
the use of the main building.
Animal Enclosure. Any building or portion thereof, structure or area including pens,
dog houses, kennels, and outside runs that are principally used or designed for use as a
place for the keeping of animals. For purposes of this Section, an electronic pet
containment system shall not be deemed to be an animal enclosure.
Commercial Kennel. A place where more than three dogs or other animals over six
months of age are kept, and where the business of selling, boarding, breeding,
showing, treating or grooming dogs or other animals is conducted.
Domesticated Animal. An animal domesticated by humans so as to live and breed in a
tame condition.
Electronic Pet Containment Systems. A system created by the installation of
conductors on the ground or under the ground which emit or cause to be emitted an
electronic signal for the purpose of confining animals within a predetermined area.
Impound. Seize and hold in legal custody.
Livestock. Farm animals kept for use, pleasure or profit, including, without limitation,
horses, mules, sheep, goats, cattle, swine and fowl.
Own. To own, harbor, keep or have custody of an animal or be the parent or guardian
of a person under 18 years of age who owns, harbors, keeps or has custody of an
animal.
Owner. Any person who shall own, harbor, keep or have custody of an animal or the
parent or guardian of a person under 18 years of age who shall own, harbor, keep or
have custody of an animal.
Picket. To restrain an animal by means of a chain, leash or other attachment to a fixed
object, thereby confining the animal to a determined area.
300 - 1 Supplement 2001-01
City of Edina Animals 300.02
Rear Yard. A portion of an improved lot between the principal building located on
such lot and the rear lines of the lot, which space is unoccupied except for accessory
buildings and the lateral boundaries of which space are coterminous with the lateral
boundaries of such lot.
300.02 Impounding. The Animal Control Officer, police officers, community service officers
or other person or persons designated by the Council may impound any animal found, or, by
complaint of the City, believed to be, in violation of this Section.
Subd. 1 Notice. If the identity of the owner of an impounded animal is known, the
impounder of such animal shall notify such owner as soon after such impounding as is
reasonably possible. If the identity of the owner of an impounded animal is not known,
the impounder of such animal, within 24 hours of such impounding, shall file an
impounding notice describing the animal and stating the date and place where it was
seized. Such notice shall be filed at the animal pound and the City Police Department.
Subd. 2 Redemption. Any animal impounded for a reason other than rabies
observation or for biting a person in violation of Subsection 300.14 may be redeemed
from the animal pound by its owner within ten days of impounding by paying to the
City the redemption fees in the amounts set forth in Section 185 and a license fee if the
animal is required to be licensed and is unlicensed. The Police Department shall
release any redeemed animal to its owner.
Subd. 3 Animal Disposal. The Animal Control Officer may dispose of any animal
either alive or deceased upon (I) the request of its owner, (ii) the payment to the City of
a fee in the amount set forth in Section 185 of this Code and (iii) the receipt by the City
of a liability release signed by such animal's owner.
Subd. 4 Disposition of Unredeemed Animals.
A. Any animal not redeemed within ten days after impounding may be sold at a
reasonable price which shall be not less than the amount of fees which the owner
would have to pay to redeem the animal. During the three-day period preceding
such a sale of an animal, other than a dog or a cat, a notice of the time and place
of such sale shall be posted by the Animal Control Officer in at least three
conspicuous places within the City and at the animal pound. If the animal is not
sold on the date set forth on such notice, the City may sell the animal as soon
thereafter as possible without further notice. The proceeds of the sale shall be
applied first to the payment of the expenses of impounding and selling the
animal and the balance shall be placed in the general fund.
B. Any animal not redeemed within ten days after impounding and not sold as
provided in paragraph A. of this Subd. 4 shall either be painlessly disposed of
or surrendered for research purposes to any educational or scientific institution
licensed pursuant to State Law.
300-2 Supplement 2001-01
City of Edina Animals 300.03
Subd. 5 Objection by Owner; Court Order. Any owner may object to the
impounding or disposition of the animal by signing and filing an objection with the City
within five days after the action objected to was taken. Within 20 days after
impounding of an animal, if the animal is not redeemed or if the City is unable to reach
agreement with the owner regarding the keeping of the animal in a manner consistent
with the provisions of this Section, the City may bring an action in the appropriate
court by serving on the owner a complaint setting forth the violation of this Section
which caused the City to take action. The court may then order (I) the return of the
animal to its owner with or without payment of redemption fees by the owner; or (ii)
the disposal, destruction or sale of the animal; or, (iii) if the animal has been
improperly disposed or sold, the payment to the owner of the reasonable value of the
animal; or (iv) imposition on the owner of the same penalty as that for commission of a
misdemeanor; or (v) any two or more of the foregoing or any other remedy the court
determines just and proper. When an objection has been filed with the City, the City
shall not dispose of or sell the animal referred to in the objection if it is still in the
pound, but shall within ten days after filing of such objection, either return the animal
to the owner, without liability on the owner's part for any fees, or keep it pending
agreement with the owner or order of the court as provided above. If the animal has
been disposed of or sold without a court order, the City after such filing shall either pay
to the owner the reasonable value of the animal or begin the action described in this
Subdivision.
300.03 Licensing Requirements.
Subd. 1 Dog License Required. Any owner of a dog over six months of age shall
secure a license for such dog from the City.
Subd. 2 Proof of Vaccination. Proof of rabies vaccination must be presented at the
time of initial licensing and each subsequent license renewal.
Subd. 3 License Fee. Each owner of a dog shall pay the amount set forth in Section
185 of this Code as required for the initial licensing fee, the renewal fee, the neutered
dog fee, or the duplicate fee. The renewal fee shall be due on or before the first day of
January of each year.
Subd. 4 Receipts and Tags. Upon payment of the license fee required by Section
185 of this Code, the City shall deliver an original receipt to the owner and retain a
duplicate of such receipt. At the time of initial licensing, the City shall also deliver a
metallic tag to the owner of the dog.
A. The owner shall cause the tag to be fastened to the collar of the dog with a
permanent metal fastening in a manner so that the tag may be easily seen by the
officers of the City.
B. If a tag is lost, a duplicate tag may be issued by the City upon presentation
of a receipt showing the payment of the license fee for the current year. The
300-3 Supplement 2001-01
City of Edina Animals 300.06
City shall charge a fee for each duplicate tag in the amount set forth in Section
185 of this Code.
C. It shall be unlawful to counterfeit or attempt to counterfeit the tag or to take
from any dog such a tag legally placed upon it by its owner with the intent to
place it upon another dog, or to place such tag upon another dog.
D. The tag shall not be transferable and no refunds shall be made on any dog
license fee because of leaving the City or death of dog before the expiration of
the license period.
300.04 Commercial Kennel. No person shall maintain a commercial kennel without first
having obtained a license pursuant to the provisions of this Section.
Subd. 1 Kennel License Application. The application for a commercial kennel
license or renewal thereof shall contain or have attached thereto, in addition to the
information required by Section 160 of this Code, a detailed plan and description of the
premises and structures wherein the kennel is to be operated, unless the application is
for renewal of a previous license and no change in the premises or structure has been
made or is contemplated to be made.
Subd. 2 Kennel License Fee. The fee for a commercial kennel license shall be in
the amount set forth in Section 185 of this Code.
Subd. 3 Condition of Kennel. A commercial kennel shall be kept in a clean,
sanitary and well-ventilated condition at all,times, and shall be open to inspection by the
Sanitarian, the Animal Control Officer or police officer of the City at all reasonable
times.
Subd. 4 Outside Runs Prohibited. No commercial kennel shall provide outside
runs or penned areas designed for the confinement of animals outside of the principal
building.
300.05 Rabies Vaccination. All dogs and cats over six months of age must have current
rabies vaccination. Dogs must wear their current vaccination tags at all times.
300.06 Impounding, Quarantine or Destruction of Animals.
Subd. 1 Bites. Any animal which has bitten or is reported to have bitten a person
shall be quarantined under the care of a licensed veterinarian for ten days, or if proof of
current rabies vaccination is presented, the animal may be quarantined at the owner's
residence for ten days. When quarantined at the owner's residence, the animal must be
kept separate from other animals and be kept within a building or fenced area at all
times unless on a leash held by an adult.
Subd. 2 Quarantine. Any quarantined animal shall be inspected by a licensed
veterinarian at the end of the ten day quarantine period. If such animal becomes ill or
300-4 Supplement 2001-01
City of Edina Animals 300.09
dies during the quarantine period, the Animal Control Officer shall be notified
immediately and the animal, if alive, shall be quarantined under the care of a licensed
veterinarian, and if deceased, shall be delivered to the Animal Control Officer for
rabies examination.
Subd. 3 Inspection of Quarantined Animal. The owner of any quarantined animal
shall deliver to the City the "Notice of Quarantine" served on the owner by the City at
the time such quarantine is established, duly completed and signed by a licensed
veterinarian acting as the inspecting veterinarian. Such notice shall be delivered to the
Animal Control Officer not earlier than ten days, or later than 14 days, from the date of
the establishment of the quarantine. If the inspecting veterinarian finds the animal to be
rabid, it shall be destroyed. If the inspecting veterinarian finds the animal to be not
rabid, the animal shall be returned to its owner provided that the owner shall first pay
the costs referred to in Subsection 300.06, Subd. 4.
Subd. 4 Impounding or Boarding Fee. The owner of any animal that has been
quarantined shall pay any impounding or boarding fees and any costs incurred for
veterinarian services.
Subd. 5 Destruction of Animal. Any animal which has bitten or is reported to have
bitten a person may be destroyed immediately if the animal cannot be impounded after
reasonable effort, or cannot be impounded without serious risk to persons attempting to
impound it.
300.07 Muzzling Proclamation. Upon written advice that a dog found in the City is infected
with rabies or hydrophobia and that the safety and general welfare of the public is at risk, the
Manager may order, by proclamation, (I) that all dogs be muzzled when off the premises of the
owner, and (ii) that all unmuzzled dogs found off the premises of the owner be immediately
impounded. Forty-eight hours after the proclamation has been published, either by posting or
printing in the official newspaper, the Manager may further order that all unmuzzled dogs
found off the premises of the owner shall be impounded and destroyed, except that an officer
may immediately destroy such an unmuzzled dog if it cannot be impounded with reasonable
effort. Any dog impounded during the first 48 hours after the publishing of any such
proclamation, if claimed within ten days and if not infected with hydrophobia or rabies, shall
be returned to its owner after payment of all fees described in Subsection 300.02, but after said
ten days, such dog may be destroyed.
300.08 Sale or Gift of Animals for Advertising or Promotional Purposes. No person shall
sell, offer for sale or give away for advertising or promotional purposes any animal less than
30 days old as a pet or novelty.
300.09 Keeping of Certain Animals Regulated. No person shall keep any rabbits, mice,
hamsters, guinea pigs or other rodents, ferrets or any bird on any premises used for residential
purposes except in a metal cage so constructed that it may be completely and easily cleaned and
that the animal or animals kept therein are completely enclosed and protected from children
and animals on the outside. Such animals at all times shall be kept within the dwelling or an
accessory building.
300-5 Supplement 2001-01
City of Edina Animals 300.14
300.10 Animal Enclosure. An animal enclosure, whether now existing or hereafter
constructed, shall not exceed 300 square feet in area and shall be placed only in the rear yard
and no closer than 20 feet to any property line.
300.11 Keeping of Certain Animals Prohibited. No person shall keep within the City:
A. Any livestock.
B. Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For
the purposes of this paragraph, the bloodline of an individual animal must comprise not
less than 51 percent domestic breeds.
C. Honeybees and apiaries.
D. Venomous snakes.
300.12 Animals Running at Large. No owner shall allow any animal to run at large on any
property without the consent of the owner or possessor of the property.
300.13 Confinement of Certain Animals.
Subd. 1 Animal in Heat. Any animal in heat shall be kept confined in a manner
which will prevent its escape and access thereto by other animals.
Subd. 2 Fierce Animal. Any domesticated animal of a fierce, dangerous or vicious
nature or disposition shall be confined (I) in a manner which will prevent its escape and
its causing harm to persons; and (ii) in a place from which it cannot be released except
by its owner and except when muzzled and under the control of a competent person.
300.14 Animals Declared a Public Nuisance.
Subd. 1 Animals Which Chase Vehicles. Any animal which habitually chases
motor vehicles on public streets, or threatens, worries, chases or attacks pedestrians,
bicyclists or other persons on public property, public areas or private property other
than property owned or possessed by the owner of the animal shall be deemed a public
nuisance.
Subd. 2 Attacking Animals. Any domesticated animal which attacks, wounds,
worries, injures or kills any domestic animal or wildlife shall be deemed a public
nuisance.
Subd. 3 Animals Which Bite. Any animal which has bitten a person, other than its
owner or a member of its owner's immediate family shall be deemed a public nuisance.
Such animal shall be quarantined pursuant to Subsection 300.06 and shall also be
subject to the procedures and penalties set out in Subsection 300.20.
300-6 Supplement 2001-01
City of Edina Animals 300.15
Subd. 4 Animals Which Damage Property. Any animal which damages plantings
or structures or micturates or defecates on public property or on private property
without the consent of the owner or possessor of the property shall be deemed a public
nuisance.
Subd. 5 Animals Running at Large. Any animal described in this Subsection
found running at large shall be impounded by the Animal Control Officer or police
officers in the manner described in this Section; provided that such animal may be
immediately destroyed by the Animal Control Officer or by a police officer if it cannot
be impounded after reasonable effort, or cannot be impounded without serious risk to
persons attempting to impound it.
300.15 Limitation on Number of Dogs or Cats. No more than three dogs or cats in the
aggregate which are over six months of age shall be kept or harbored at any place in the City,
except in a pet shop, animal hospital, or commercial kennel, unless a permit has been issued
pursuant to this Subsection by the Council.
Subd. 1 Permit Application and Hearing. Persons who wish to keep or harbor
more than the number of dogs or cats permitted by this Subsection may apply for a
permit from the Council. After the receipt of the permit application, and the fee as set
forth in Section 185 of this Code, the Council shall conduct a public hearing regarding
the application. A notice of the date, time, place, and purpose of the hearing shall be
mailed at least 10 days before the date of the hearing to each owner of property situated
wholly or partly within 200 feet of the property to which the application relates.
Subd. 2 Issuance of Permit. After hearing the oral and written views of all
interested persons, the Council shall make its decision. The Council shall not grant a
permit unless it finds that keeping or harboring more than the allowed number of dogs
or cats on the applicant's property:
A. Will not be a nuisance.
B. Will not be detrimental to the public health and safety of the applicant or
other persons in the vicinity.
Subd. 3 Permit Not Transferable. No permit may be transferred to any person or
place by the person or from the place to whom and for which the permit was granted.
The permit shall be granted only for the dogs or cats described in the application. No
dogs or cats described in the application may be replaced by the applicant without first
obtaining a new permit from the Council.
Subd. 4 Conditions and Restrictions. The Council may impose conditions and
restrictions as it deems necessary for the protection of the public interest and adjacent
properties and to ensure compliance with the requirements of this Section and other
applicable provisions of this Code. Each permit issued pursuant to this Subsection shall
remain in effect only so long as the conditions and restrictions imposed by the Council
are observed and not violated.
300-7 Supplement 2001-01
City of Edina Animals 300.17
300.16 Noise.
Subd. 1 Disturbing Peace and Quiet. No person owning, operating, having charge
of, or occupying, any building or premises shall keep or allow to be kept any animal
which shall, by any noise, unreasonably disturb the peace and quiet of any person in the
vicinity. The phrase "unreasonably disturb the peace and quiet" shall include, but is
not limited to, the creation of any noise by any animal which can be heard by any
person, including the Animal Control Officer or a law enforcement officer, from a
location outside of the building or premises where the animal is being kept and which
animal noise occurs repeatedly over at least a five minute period of time with one
minute or less lapse of time between each animal noise during the five minute period.
Subd. 2 Complaint. Any person may call or deliver a complaint to the Animal
Control Officer stating facts and circumstances of an alleged violation of this
Subsection. The Animal Control Officer shall investigate such complaint. If a
violation occurs in the presence of the Animal Control Officer a summons may be
issued. If probable cause of a violation exists, which violation did not occur in the
presence of the Animal Control Officer, all reports, witness statements and evidence
may be submitted to the City Prosecuting Attorney for a formal complaint.
300.17 Special Requirements for Dogs.
Subd. 1 Off Premises of Owner. No dog shall be permitted to be off the premises
of its owner at any time unless it is restrained with a leash measuring ten feet or less in
length.
Subd. 2 Dogs Which Damage Property. No owner of a dog shall permit the dog to
damage any lawn, garden or other private or public property, or to micturate or
defecate on public property or private property, without the consent of the owner or
possessor of the property. It shall be the duty of each owner of a dog to remove any
feces left by such dog and to dispose of such feces in a sanitary manner. It shall also be
the duty of each owner of a dog when such dog is off the owner's premises to have in
possession a device or equipment for the picking up and removal of dog feces; at a
minimum this equipment must include at least two bags. The provisions of this
Subsection shall not apply to a guide dog accompanying a blind person or to a dog
when used in police or rescue activities by or with the permission of the City. This
Subsection shall not be construed, by implication or otherwise, to allow dogs to be
where they are otherwise prohibited by this Code.
Subd. 3 Picketing. No dog shall be picketed in such a manner as to create a
nuisance by reason of odor or unreasonably disturbing the peace and quiet as defined in
Subsection 300.16 or which allows it to occupy any area within 20 feet of a property
line.
Subd. 4 Electronic Pet Containment Systems. No electronic pet containment
system shall be installed which allows any animal confined by the system to occupy any
300-8 Supplement 2001-01
City of Edina Animals 300.17
area within ten feet of a public sidewalk or within ten feet of the travelled portion of a
public street if there is no public sidewalk. Electronic Pet Containment systems
installed within any public right of way or public easement shall be owned and
maintained by the owner of the system. The Engineer may direct the removal or
relocation of an Electronic Pet Containment System from any public right of way or
public easement at the sole cost and expense of the owner of the Electronic Pet
Containment System if the Engineer determines the system interferes with the public's
use of the right of way or easement. The cost of any repair to Electronic Pet
Containment Systems which are damaged due to the public's use of a public right of
way or public easement shall be borne solely by the owner of the system.
Subd. 5 Clean Yard and Enclosure. A dog owner shall regularly clean any yard
occupied by the dog, or dog enclosure occupied by the dog, whether now existing or
hereafter constructed, and any area in which the dog has been picketed, and shall not
permit feces or food scraps to remain for more than 24 hours.
Subd. 6 Dangerous Dogs.
A. The provisions of M.S. 347 and M.S. 343.20 through M.S. 343.40 are
hereby incorporated by reference and adopted as part of this Section. The
persons authorized to enforce this Section shall also enforce the provisions of
M.S. 347 and M.S. 343.20 through 343.40. A violation of the provisions of
M.S. 347 and M.S. 343.20 through 343.40 shall also be a violation of this
Section. Incorporation of said Statutes shall not be a release by the City of any
powers or authority which it has without such incorporation.
B. The Animal Control Officer may declare a dog to be a potentially dangerous
dog as defined by M.S. 347.50. A notice declaring a dog to be potentially
dangerous shall be served upon the owner of the dog either personally or by
certified mail. The Animal Control Officer may require that a potentially
dangerous dog be confined or restrained when on the owner's property and
restrained and muzzled when off the owner's property.
C. The Police Chief may declare a dangerous dog under M.S. 347. Said
declaration may be appealed to the City Council for a public hearing.
"D. Appeals of Administrative Decisions. A person who deems himself or
herself aggrieved by an alleged error in any order, requirement, decision or
determination made by an administrative officer in the interpretation and
enforcement of this Section, may appeal to the City Council by filing a written
appeal with the City Clerk within 10 days after the date of such order,
requirement, decision or determination. The appeal shall fully state the order to
be appealed and the relevant facts of the matter.
1. The City Council shall hear such appeal within 30 days of receipt.
Mailed notice of such hearing shall be given at least ten days prior tot he
date of the hearing to the owner of the dog and to the owners of all property
300-9 Supplement 2001-01
City of Edina Animals 300.21
within 250 feet of the property where such dog is usually kept. The
Council shall make its decision at such hearing or any continuation
thereof."
300.18 Breaking Pound or City Vehicle. No person except an officer duly authorized by law
shall break open or aid or assist in, counsel or advise, the breaking open of a pound or City
vehicle used in the enforcement of this Section, or take or let out or attempt to take or let out,
any animal placed therein.
300.19 Interference with Officer. No person shall (I) take or attempt to take from any officer
referred to in Subsection 300.02, any animal seized by the officer in compliance with this
Section; or (ii) interfere in any manner with such officer in the discharge of the duties under
this Section.
300.20 Penalties.
Subd. 1 Petty Misdemeanor and Misdemeanor. Any person maintaining a
nuisance as defined in this Section, or otherwise violating this Section, upon the first
conviction thereof shall be guilty of a petty misdemeanor, and upon second conviction
shall be guilty of a misdemeanor. However, the first and each subsequent conviction of
violation of the provisions of Subsection 300.06, Subd. 1, 2 or 3 shall be a
misdemeanor.
Subd. 2 Impoundment. Any animal found to be a nuisance, as defined in this
Section, or found to be violating any provisions of this Section, may be impounded
pursuant to this Section.
Subd. 3 Other Remedies. The provisions of Subsection 100.09 shall also apply to
violations of this Section.
300.21 Exception. Any dog under the control of a public law enforcement agency and used
in law enforcement activities shall be exempt from the provisions of this Section 300,
provided, however, that such agency shall comply with the requirements of Subsection 300.05
History: Ord 312 adopted 12-2-81; amended by Ord 312 AI 8-29-84, 312-A2 8-15-90, Ord
1994-2 3-2-94, Ord 1994-11 1-4-95, Ord 1995-2 5-1-95, Ord 1995-6 8-7-95; Ord 2000-7 7-5-
00; Ord. No. 2002-4, 6-4-02
Reference: M.S. 343.20 through 343.40, 347
Cross Reference: Sections 160, 185, 1000
300-10 Supplement 2002-01
City of Edina Buildings, Construction and Signs 450.01
Section 450 - Swimming Pools
450.01 Definitions. For the purpose of this Section, the following terms, phrases, words,
and their derivations shall have the meanings given.
Backwash Piping. The piping which extends from the backwash outlet of a filter to its
terminus at the point of disposal.
Filter. A material or apparatus by which water is clarified.
Inlet. The fitting or opening through which filtered water enters the pool.
Lifeline Anchors. The rings at transition point of the pool.
Main Outlet. The outlet at the deep portion of the pool through which the main flow
of water leaves the pool when being drained or being recirculated.
Main Suction. The line connecting the main outlet to the pump suction.
Pool Deck. The finished area around the pool.
Pool Depth. The distance between the floor of the pool and the maximum operating
level when the pool is in use.
Pool Floor. That portion of the pool that is horizontal or inclined less than 45 degrees
to the vertical from the horizontal.
Pool Wall. That portion of the pool that is vertical or inclined more than 45 degrees to
the vertical from the horizontal.
Public or Semi-Public Special Purpose Pool. Any pool in which the water is agitated
by the use of propellers, recirculating pumps, compressed air, or any other means,
except when located within or adjoining a single family residence, and available only to
the occupants of the residence and private guests.
Public or Semi-Public Swimming Pool. Any swimming pool other than a residential
swimming pool.
Recirculating Piping. The piping through which the water circulates from the pool to
the filter and return to the pool.
Recirculation Skimmer. A device connected with pump suction used to skim the pool
over a self-adjusting weir and return the water to the pool through the filter.
Residential Special Purpose Pool. Any basin for holding water which is designed for
human use, 100 square feet or less in water surface area with a water depth greater than
450 - 1 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.03
24 inches at any point and which is accessory to a single family residence. This
definition includes, but is not limited to treatment pools, therapeutic pools, whirlpools,
spa pools, hot tubs and wading pools.
Residential Swimming Pool. Any constructed pool which is used, or intended to be
used, as a swimming pool in connection with a single family residence, and available
only to the occupants of the residence and private guests.
Return Piping. The piping which carries the filtered water from the filter to the pool.
Swimming Pool. Any basin for holding water, designed for human use, with a water
depth greater than 24 inches.
Transition Point. The point between the shallow and deep area of the pool.
Underwater Seats, Benches and Swimouts. An underwater seat, bench or swimout
located at the perimeter of a pool no greater than 20 inches below the waterline and a
horizontal depth of 12 inches or more.
Vacuum Fitting. The fitting in the wall of the pool which is used as a convenient
outlet for connecting the underwater suction cleaning equipment.
Vacuum Piping. The piping which connects the vacuum fitting to the pump suction.
Width and Length Determination. The width and length of the pool shall be
determined by actual water dimensions.
450.02 Construction Permit Approval. No person shall commence any work on the
construction of a swimming pool, or any alteration, addition, remodeling or other
improvement, or on any repair to a swimming pool, without first obtaining a permit from the
Building Official. The applicant for a permit shall submit for approval by the Sanitarian three
sets of identical plans and specifications and pertinent explanatory data relative to design,
operation and maintenance insofar as health and safety features are concerned in accordance
with the standards prescribed by this Section. Approval by the Sanitarian shall not pertain to
design for structural stability. The Building Official shall not issue the permit until the plans
and specifications have been approved by the Sanitarian.
450.03 Plans to be Submitted. Plans, specifications and pertinent explanatory data
required by Subsection 450.02 shall comply with the provisions of this Section and shall
include, but not be limited to, the following, as well as such other data as may be reasonably
requested by the Sanitarian and the Building Official:
A. The general layout of the entire building lot on which the pool is to be located,
distances of the pool from the lot lines, water supply systems, buried sewers and
sewage disposal systems, utilities (electric, gas, telephone, etc.) or other sources of
contamination within 50 feet of the pool. The plans shall be drawn to a scale of not less
450 -2 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.06
than one-fourth inch equals one foot and shall indicate all dimensions, including the
effective length, depth, and width of the pool deck and similar items.
B. Cross-section views of the pool.
C. Cross-section view of scum gutters and skimmers.
D. Diagrams showing all pipes, lines, vacuum lines, waste and discharge lines,
circulation and other piping and listing material specifications and size.
E. Pool equipment layout, showing location of filters, pumps, chlorinators, chemical
feeds, flow meter gauges, sight glass, strainers, hair and lint interceptors, and the
dimensions of the filter room, its location, floor drain, sumps and other pertinent
information.
F. Liquid capacity of the pool.
G. Kind, number and size of filters, including the square footage of the filter area in
each unit.
H. Rated capacity of the filter in gallons per minute.
I. Description of chemical feeds for soda ash and alum, if used.
J. Type, kind and description of chlorinator to be installed.
K. Type and range of testing equipment, including chlorine.
L. Source of water supply.
450.04 Construction in Accordance with Approved Plans; Deviation. All swimming
pools, appurtenances, water supply and drainage systems, and other features shall be
constructed in conformity with the approved plans. For any deviation from such plans, a
supplementary plan covering that portion of the work involved shall be filed for approval and
shall conform to the provisions of this Section.
450.05 Permit Fee. The fee for a permit required by Subsection 450.02 shall be in the
same amount as the fee for a building permit as set forth in Section 185 of this Code.
450.06 Construction. The design and construction, as well as all equipment and materials,
shall comply with the following requirements:
Subd. 1 Structural Design. The pool structure shall be engineered and designed to
withstand the expected forces to which it will be subjected. All non-masonry
constructed walls shall be installed in accordance with the manufacturer's
specifications.
450- 3 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.06
Subd. 2 Wall Design. The top elevation of the pool walls shall not exceed by more
than eight inches the highest ground elevation abutting the pool walls at any point. In
determining such highest ground elevation, no elevation increases shall be considered
that are due to fill placed or grading done in violation of this Subsection. The walls
shall be vertical to a depth of three feet from the water level. No right angle projection
shall be permitted with exception of steps at the shallow end.
Subd. 3 Floor Slope. The slope of the floor on the shallow side of the transition
point shall not exceed one foot vertical to ten feet horizontal (1:10). The transition
point between shallow and deep water shall occur in a water depth of at least five feet,
provided that this may be four and one-half feet if a safety line is erected at this point.
Where the water is five feet or more in depth, the maximum slope shall not exceed one
foot vertically in each three feet horizontally (1:3), provided that the floor slope from
the point of maximum depth to the deep end wall may be one foot vertically in each one
foot horizontally (1:1).
Subd. 4 Overflow and Surface Drainage. The pool and surrounding area shall be
constructed and arranged in such a manner that no splash or overflow water shall return
to the pool. No surface or roof drainage shall be permitted to enter the pool.
Subd. 5 Finish and Cove. Pool floor and walls shall have a cleanable, white or
similar light-colored and impermeable surface. The pool floor shall be skid resistant.
There shall be a minimum cove or rounded corner of one inch radius or more of the
pool floor and wall, or such other interior construction. Where the water depth is less
than five feet, the maximum radius or such cove shall be 12 inches.
Subd. 6 Handholds. Handholds shall be provided and consist of a bull-nosed
coping not over two and one-half inches thick for the outer two inches or an equivalent
approved handhold. The handhold shall not be more than nine inches above the normal
water line and shall extend around the entire periphery of the pool.
Subd. 7. Pool Deck. Unobstructed deck areas not less than 48 inches wide shall be
provided to extend entirely around each swimming pool. No deck may be provided for
that side of a swimming pool forming a common wall with a residential special purpose
pool, where the water depth of both the swimming pool and special purpose pool are
less than 54 inches, and where the deck extends around all of those sides of the special
purpose pool not sharing a common wall with the swimming pool. The deck shall be
constructed above, but not more than nine inches above, the normal water line. The
deck area shall be constructed of impervious material, and the surface shall be smooth
and easily cleaned and of non-slip construction. The deck shall have a pitch of at least
one-fourth inch to the foot, designed so as to prevent back drainage into the pool. If
deck drains are provided, drain pipe lines shall be at least four times the cross-sectional
area of the drain pipe. The deck drain system shall have indirect connections to the
sanitary sewer. The deck drains shall not be connected to the recirculation systems
piping. Special features such as waterfalls, a vanishing edge, or other decorative
features may occupy a maximum of fifteen feet of deck around a swimming pool.
450 - 4 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.06
Where the maximum depth of the swimming pool does not exceed 54 inches of water,
one side of the swimming pool deck may be obstructed by special features.
Except, a deck is not needed around the perimeter of a special purpose pool where the
special purpose pool is not located within four feet of a residential swimming pool.
A. The pool is accessible from at least one side by a deck.
B. The deck is no less than four feet wide as measured perpendicular to the
pool side and no less than eight feet long as measured parallel with the pool
side.
C. The special purpose pool is not located within four feet of a residential
swimming pool.
D. The deck elevation is no lower than the elevation at the base of the special
purpose pool or no more than 9 inches above the normal water line of the
special purpose pool."
Subd. 8. Entry/Exit. Two or more means of entry/exit shall be provided for all
residential swimming pools. At least one entry/exit shall be located on the side of the
pool at the deep end and one at the shallow end. The entries/exits shall consist of one or
a combination of the following: steps, stairs, ladders, step holes, underwater seats,
benches and swimouts. Step holes and ladders shall have a handrail on both sides.
Underwater seats, benches and swimouts shall be visually set apart. If the pool is
designed for use with diving equipment, the underwater seats, benches and swimouts
shall be located outside of the required minimum diving water envelope as set forth in
American National Standard for Residential Inground Swimming Pools (ANSI/NSPI -
5 2003) a copy of which is on file with the City Clerk. Two means of entry/exit shall
be provided at the deep end where the width of the pool exceeds 30 feet.
Subd. 9 Diving Area. Minimum depths and area shall be as follows:
Deck Intermediate One Meter
Level Board Board Board
Maximum distance 18 inches 30 inches 39.37 inches
above water
Minimum water 8 feet 8 feet 8.5 feet
depth five feet from
tip of driving board
Distance of deep 10 feet 11 feet 12 feet
point from diving
well
Distance from deep 10 feet 11 feet 12 feet
point to transition
point
450 - 5 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.09
Deck Intermediate One Meter
Level Board Board Board
Minimum diving 2.5 feet 2.5 feet 3 feet
board overhang
Minimum distance 7 feet 7.5 feet 8 feet
from side wall to
center of board
At least 13 feet of free and unobstructed headroom shall be provided above diving
boards. One depth marking shall be provided in the deck or the wall of the pool above
the high water line indicating the greatest depth in feet. Diving structures shall be
securely anchored.
Subd. 10 Minimum Depth. The minimum depth for all pools shall be three feet
except for special purpose pools.
Subd. 11 Above Ground Swimming Pool; Fill. Swimming pools that are constructed
or erected wholly above ground are and shall be prohibited. No fill shall be placed or
grading done on the property to raise the ground elevation for the purpose of raising the
top elevation of the pool walls.
450.07 Recirculation System. A recirculation system consisting of pumps, piping, filters,
skimmers, valves, and disinfection equipment shall be provided which will clarify and disinfect
the swimming pool water volume in 12 hours or less. The recirculation system components
shall comply with NSF International 50, 1985.
450.08 Recirculation Pump. The recirculating pump shall have sufficient capacity to
provide the rated flows of the filter system, without exceeding the head loss at which the pump
will deliver such flows. The pump motor shall not be operated at an overload which exceeds
the service factor. The pool pump shall be equipped on the inlet side with an approved hair
and lint interceptor. The basket of the interceptor shall be non-corrosive and have openings
not larger than one-fourth inch in diameter.
450.09 Pool Piping. The pool piping shall be sized to permit the rated flows for filtering and
cleaning without exceeding the maximum head at which the pump will provide such flows. In
general, the water velocity in the pool piping should not exceed more than six feet per second.
Where velocity is to exceed six feet per second, summary calculations shall be provided to
show that rated flows are possible with the pump and piping provided. The recirculating
piping and fittings shall meet the following requirements:
Subd. 1 Vacuum Fitting Location. Where vacuum fittings are provided, they shall
be located in accessible positions below the water line.
Subd. 2 Pool Recirculation Piping. Pool recirculation piping, passing through the
pool structure, shall be copper, brass, or approved equal tubing with a minimum wall
thickness of type "U.
450 - 6 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.12
Subd. 3 Pool Piping System. The pool piping system shall be constructed of
materials prescribed in the Minnesota State Plumbing Code.
Subd. 4 Inspection of Pool Piping. Except for the pool water supply line, all pool
piping must be installed by the pool contractor and must be inspected by the Building
Official prior to covering the system.
450.10 Recirculating Skimming Device. Recirculating skimming devices shall be provided
to skim the surface of the pool, with one unit installed to serve each pool, and such additional
units as may be required, to provide a minimum of one for each 600 square feet of pool water
surface or fraction thereof. Recirculating skimmers and pool inlets shall be located so that the
pool inlets assist the skimming action to adequately remove the film on the pool water surface.
When pools are irregularly or specially shaped, skimming devices shall be located in each
offset.
450.11 Inlets. Adjustable inlets shall be located to produce uniform circulation of water
throughout the pool without the existence of dead spots.
Subd. 1 Minimum Number. A minimum of two inlets shall be required for each
pool, with an additional inlet for each additional 40 lineal feet or fraction thereof of
pool periphery over 120 lineal feet. Where automatic skimmers and skimmer-filter
units are used, inlets shall be installed so as to direct the flow of water in a horizontal
plane to the skimming device inlet. The minimum discharge depth of pool inlets shall
be ten inches below the pool operation level. When pools are irregularly or specially
shaped, additional inlets shall be installed in each offset.
Subd. 2 Make-up Water. Suitable facilities for adding make-up water shall be
provided. There shall be no physical connection between the water supply line and the
pool system. If the make-up water is added directly to the pool, the fill spout shall be
at least six inches above the upper rim of the pool. If the make-up water line
discharges to a surge or balancing tank, the point of discharge shall be at least six
inches above the rim of the tank. If a hose connection from a sill cock or other
plumbing fixture is to be used for supplying make-up water, then an approved vacuum
breaker shall be installed between the sill cock or control valve at the fixture and the
hose connection. Any sill cock used for this service shall be located under a diving
board or installed in a manner approved by the Sanitarian so as to remove any hazard.
Subd. 3 Conformance with Minnesota State Plumbing Code. The systems
supplying recirculated water and make-up water to the pool shall be constructed in
conformance with the Minnesota State Plumbing Code.
450.12 Outlets.
Subd. 1 Main Outlets. Main outlets, for purposes of recirculation and emptying the
pool, shall be so located as to provide at least one outlet at the deepest point in the pool
if the pool width does not exceed 20 feet. If the pool width is more than 20 feet,
multiple outlets shall be provided and spaced not more than 20 feet apart, nor more
than ten feet from walls. All main outlets shall be equipped with gratings having an
450 - 7 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.17
area of openings not less than four times the cross-sectional area of the outlet pipe. The
gratings shall be designed so that they cannot be readily removed by bathers and will
not injure fingers of bathers.
Subd. 2 Drainage. If the pool cannot be drained by gravity, it shall be equipped
with valves and pumps for completely emptying the pool. The discharge of the pool
water to the sanitary sewer, or other suitable disposal unit acceptable to the Sanitarian,
shall be at a rate not to exceed 250 gallons per minute. No direct connection shall be
made to the sanitary sewer. The outlet from the pool recirculation system shall
terminate at least six inches above the receptacle connected to the sewer. The drainage
system shall be constructed under the supervision of a licensed plumber and in
conformance with the provisions of the Minnesota State Plumbing Code. Water
drained from the pool shall not be discharged to the sanitary sewer system during
periods of rainstorms.
450.13 Heater. Gas-fired swimming pool heaters and swimming pool boilers shall bear the
American Gas Association seal of approval. Oil burning equipment shall bear the
Underwriters Laboratory seal of approval.
450.14 Water Supply. Water supplies serving all swimming pools shall be of a safe and
sanitary quality or otherwise acceptable to the Sanitarian. The installation of the pool water
supply piping and connection to the source of supply shall be under the supervision of a
licensed plumber.
450.15 Test. All pool piping and the installation and construction of the pool piping system
shall be in accordance with the approved plans. The entire pool piping system shall be tested
with an air test of 50 PSI and proved tight before covering or concealing.
450.16 Chemical Treatment and Pool Water Quality. Gaseous chlorinating systems shall
not be used as a disinfecting method for residential swimming pools. Residential swimming
pools, public and semi-public pools shall meet the following standards:
Subd. 1 Free Chlorine. The free chlorine content shall be maintained between five-
tenths (0.5) and three (3.0) parts per million.
Subd. 2 Alkalinity. The pH level shall be maintained at between 7.2 and 7.8.
Subd. 3 Bacteriological Quality. A sample of swimming pool water shall be
considered satisfactory when the total bacterial count at 35 degrees centigrade does not
exceed 200 colonies per milliliter and no organisms of the E. Coli group are present in
a 50 milliliter portion as determined by the membrane filter method. Procedures and
interpretations relating to bacteriological quality shall be done in accordance with the
Standard Methods for the Examination of Water and Waste Water, 13th Edition.
(APHA).
450.17 Indicator Kit. An indicator kit capable of measuring free chlorine residuals in
swimming pool water accurate within one-tenth part per million shall be provided.
450- 8 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.24
450.18 Safety Rope and Anchors. A safety rope and anchors shall be provided at the water
line when the designed pool operating water level is four and one-half feet or less.
450.19 Electrical Requirements.
Subd. 1 Code Conformance. All electrical installations provided for, installed and
used in conjunction with residential swimming pools shall conform with the provisions
of Section 410 of this Code.
Subd. 2 Electrical Conductors. No current-carrying electrical conductors shall
cross residential swimming pools, either overhead or underground or within ten feet of
such pools, except as necessary for pool lighting or pool accessories.
Subd. 3 Grounding. All metal fences, enclosures, or railings near or adjacent to
residential swimming pools, which might become electrically alive as a result of contact
with broken overhead conductors, or from any other cause, shall be effectively
grounded.
450.20 Operation and Maintenance. No residential swimming pool shall be used, kept,
maintained or operated in the City, if such use, keeping, maintaining or operating shall be the
cause of any nuisance or shall be dangerous to life or detrimental to health.
450.21 Inspection. The Sanitarian shall have authority to inspect any residential swimming
pool at any reasonable time during construction and thereafter to determine whether or not the
provisions of this Section regarding health, sanitation, operation and safety are being complied
with. The Building Official shall have authority to enter upon any premises to inspect work
done and installations made under any permit issued pursuant to this Section.
450.22 Shielding Light. Lights used to illuminate any swimming pool shall be so arranged
and shielded as to reflect light away from adjoining premises.
450.23 Location. No portion of a swimming pool or any appurtenance shall be located
within ten feet of any side or rear lot line, nor in the required front yard as provided in Section
850 of this Code. No portion of a special purpose pool or any appurtenance shall be located
within five feet of any side or rear lot line, nor in the required front yard as provided in
Section 850 of this Code.
450.24 Fence. All swimming pools and special purpose pools shall be completely enclosed
by a non-climbing type fence. All fence openings or points of entry into the pool area
enclosure shall be equipped with gates. The fence and gates shall be at least four feet in height
and shall be constructed of number eleven gauge woven wire mesh corrosion-resistant
material, or of other materials approved by the Building Official. All gates shall be equipped
with self-closing and self-latching devices placed at the top of the gate or otherwise
inaccessible to small children. All fence posts shall be decay or corrosion-resistant and shall
be set in concrete bases, or other suitable protection. The openings between the bottom of the
fence and the ground or other surface and the openings between the vertical pickets shall not be
450 - 9 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.27
more than four inches. Except a special purpose pool need not meet the fence requirement
provided:
A. The special purpose pool is equipped with a safety cover listed in accordance with
American Society for Testing and Materials (ASTM) Standard F 1346, "Standard
Performance Specification for Safety Covers and Labeling Requirements for All Covers
for Swimming Pools, Spas and Hot Tubs.
B. The safety cover is secured and locked in place at all times the special purpose pool
is not occupied.
450.25 Safety Precautions.
Subd. 1 Ring Buoys. Every residential swimming pool shall be equipped with one
or more throwing buoys not more than 15 inches in diameter and having 60 feet of 3/16
inch Manila line attached, and one or more light but strong poles with blunted ends, not
less than 12 feet in length, for making reach assist or rescue.
Subd. 2 Diving Board Height. The height of diving boards above the pool water
level shall be in accordance with Subsection 450.06, Subd. 9. The Sanitarian may
authorize greater diving board heights when it is shown that such increased height will
provide an equally safe diving board height-maximum pool depth ratio.
450.26 Other Design and Equipment. Any swimming pool, the design and equipment of
which incorporates features other than those set forth in this Section, shall be subject to review
and approval by the Sanitarian in accordance with acceptable standards and in conformance
with current public health and safety practices.
450.27 Public or Semi-Public Swimming Pool and Special Purpose Pool.
Subd. 1 Construction and Operation. Any public or semi-public swimming pool or
special purpose pool shall be constructed and operated in accordance with the public
and semi public provisions contained in the Minnesota Department of Health Rules
4717.0100 - 4717.3900.
Subd. 2 Rules on File. Three copies of said rules, each marked "Official Copy", is
on file in the office of the Clerk and shall remain on file for use and examination by the
public.
Subd. 3 Official Investigation. The Sanitarian and Building Official may enter upon
any premises for the purpose of conducting preconstruction surveys, intermediate
construction investigations and operational investigations. Such entries may be made at
such times as may be deemed necessary to determine that the facilities are constructed
in accordance with approved plans, and maintained and operated in accordance with the
requirements of the rules described in this Subsection.
450- 10 Supplement 2004-01
City of Edina Buildings, Construction and Signs 450.27
Subd. 4 Valid License. No person shall operate or maintain a public or semi-public
swimming pool or public or semi public special purpose pool without having first
obtained a valid license issued by the City. The provisions of Section 160 of this Code
shall apply to all licenses required by this Subsection and to the holders of such
licenses.
A. In addition to the applicant's name and address, the applicant for a license
shall furnish the address of the premises where the pool is situated or is to be
situated.
B. The fee for a license required by this Subsection shall be in the amount set
forth in Section 185 of this Code.
C. Licenses issued pursuant to this Section shall expire on March 31 of each
calendar year.
D. It shall be the duty of the Sanitarian to enforce the provisions of this
Subsection.
History: Ord 434 codified 1970; amended by Ord 434-AI 10-27-71, Ord 434-A2 2-7-74, Ord
434-A3 2-16-77, Ord 434-A4 6-27-79, Ord 434-A5 5-14-80, Ord 434-A6 6-17-81, Ord 434-A7
3-30-83, Ord 434-A8 6-13-84, Ord 434A-9 8-14-85, Ord 434 A10 5-13-87; Ord 2000-5 5-16-
00; Ord 2004-13-16-04
Cross Reference: Sections 160, 185, 410, 850
450 - 11 Supplement 2004-01
City of Edina Health 705.04
Section 705 - Storage, Collection and Disposal of Refuse
and Compostable Materials
705.01 Definitions. Unless the context clearly indicates otherwise, the following terms
shall have the meanings given them in this Subsection:
Subd. 1 Refuse Containers. Containers on residential properties shall be placed in
such a manner as to be out of view from the street in front of the premises or in a
garage located on the premises. Containers on non-residential properties shall be fully
screened from all lot lines as provided by Section 850 of this Code. In no event shall
containers be placed next to the street or curb or be placed or maintained in such a way
as to unreasonably interfere with the use of adjoining property. Containers kept outside
shall be placed and kept in such a manner as not to permit entry of or harborage for
animals, insects or other vermin.
Subd. 2 Compostable Materials. Leaves, grass clippings, garden plants, wood
ashes, fresh fruit, vegetable scraps, coffee grounds, and commercially available
compost ingredients. Compostable materials do not include meat scraps, bones, grease,
oil, eggs, dairy products, branches, human or pet excreta, plastics or other materials
which may adversely affect public health.
705.02 Refuse Containers. The owner or occupant of any premises where refuse may be
present, shall provide and keep on such premises sufficient containers for the storage of all
refuse accumulating on the premises between collections. Each container shall have a close-
fitting top. Containers shall be constructed of non-combustible materials and have non-
combustible covers. Dumpsters shall be constructed of metal.
705.03 Refuse Storage. All refuse on any premise shall be stored in the fully covered
containers required by Subsection 705.02, except as provided in Subsections 705.04 and
715.03 of this Code.
705.04 Location of Containers.
Subd. 1 Refuse Containers. Containers on residential properties shall be placed in
such a manner as to be out of view from the street in front of the premises or in a
garage located on the premises. Containers on non-residential properties shall be fully
screened from all lot lines as provided by Section 850 of this Code. In no event shall
containers be placed next to the street or curb or be placed or maintained in such a way
as to unreasonably interfere with the use of adjoining property. Containers kept outside
shall be placed and kept in such a manner as not to permit entry of or harborage for
animals, insects or other vermin.
Subd. 2 Grass Clippings and Leaves. Grass clippings and leaves may be placed
next to the street or curb adjoining residential properties for pick-up provided that such
grass clippings and leaves so placed shall be (i) stored within a bag designed for such
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City of Edina Health 705.08
purpose, and (ii) placed at the curb no more than 12 hours prior to the scheduled
pickup.
705.05 Frequency and Manner of Collection. The contents of the containers shall be
collected once every week, by a collector duly licensed by the City, or more frequently if
required by the provisions of any other section of this Code. Provided, however, occupants of
a dwelling unit in the R-1 District or R-2 District, as established by Section 850 of this Code,
who generate 30 gallons or less of refuse weekly may arrange for collection not less often than
once every 14 days. The collector shall transfer the contents of the containers to the
collector's vehicle without spilling, or if any spilling occurs, the collector shall clean it up
completely. Upon each collection, the containers shall be completely emptied and returned to
the location where kept, and the lids of the containers shall be replaced.
705.06 Defective Containers. Whenever a container is in poor repair, is corroded or
otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet any
other requirement of this Section, the collector shall notify the owner or manager of the
premises of the deficiency. The notice shall describe the deficiency and shall require repair or
replacement. Upon the next collection, if the deficiency has not been corrected, the collector
shall notify the Sanitarian. The Sanitarian shall then inspect said container and, if found
deficient, condemn the same. The collector shall not collect the contents of any container
marked as condemned.
705.07 Abatement of Nuisance. Any accumulation of refuse not placed in containers is
declared to be a nuisance. Any accumulation of refuse placed in containers but not removed
from the premises within the time period provided in Subsection 705.05 is declared to be a
nuisance. Nuisances shall be abated by order of the Sanitarian as provided by M.S. 145A.04,
Subd. 8 and the cost of abatement may be charged and assessed against the property where the
nuisance was found pursuant to Section 1200 of this Code.
705.08 Composting. Notwithstanding other provisions of this Section, compostable
materials may be stored on a residential lot subject to the following requirements:
Subd. 1 Containers. Compostable materials shall be placed within a container of
durable material including but not limited to wire fencing, rot resistant wood, concrete
block or brick, or a commercially manufactured container designed for composting.
Containers shall be maintained in sound condition and shall be capable of securing all
compostable material.
Subd. 2 Location of Containers. Compost containers shall not be located within
the front yard as defined in Section 850 of this Code and shall not be located within five
feet of a side or rear lot line. Compost containers shall not be located within 20 feet of
a principal use building other than the principal use building owned by the owner of the
compost container.
Subd. 3 Maximum Size. A compost container shall not exceed 30 square feet in
area on lots with a lot area less than 9000 square feet and shall not exceed 50 square
feet in area on lots with a lot area of 9000 square feet or more. The height of the
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City of Edina Health 705.10
container and the compostable material stored in the container shall not exceed four
feet.
Subd. 4 Maintenance. Compost containers and compostable materials shall be
maintained so as not to create odors, rodent harborage or a fire hazard.
Subd. 5 Abatement of Nuisance. Compost containers or compostable materials
which are not in compliance with this Subsection are declared to be a nuisance which
shall be abated as provided in Subsection 705.07.
705.09 Organized Collection. The City may organize the collection of refuse pursuant to
the procedures established by M.S. 115A.94.
705.10 Collection of Recyclables; Districts. The Council, by resolution, may establish the
entire City as a district for the collection of recyclables as defined in Section 715 of this Code,
or may establish more than one such district within the City. The Council also, by resolution,
may designate one or more collectors in each such district for collection of recyclables in that
district on terms and conditions to be agreed upon by each such collector and to be approved
by resolution of the Council.
History: Ord 711 codified 1970; amended by Ord 711-A1, Ord 711-A2, 7-28-76, Ord 711-A3,
3-7-84, Ord 711-A4 9-2-87, Ord 711-A5 5-25-88, Ord 711-A6 6-14-89
Reference: M.S. 115A.94, 145A.04
Cross Reference: Sections 715, 850, 1300
705 - 3
City of Edina Land Use, Platting and Zoning 810.02
Section 810 - Plats and Subdivisions
810.01 Purpose and Objectives. The purpose and objectives of this Section are to provide
for the orderly, economic and safe development of land and urban services and facilities; to
facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks,
playgrounds and other public services and facilities; to promote the public health, safety and
general welfare by establishing physical standards, design requirements and procedures for
plats and subdivisions of land; to allow flexibility in design of plats and subdivisions; to
develop a consistency with and to help implement the zoning, building and other applicable
sections and provisions of this Code; to support and further the City's Comprehensive Plan by
establishing uniform procedures and regulations for plats and subdivisions to preserve and
enhance the value and viable economic use of property; to protect the character and symmetry
of neighborhoods in the City; and to protect and further, and not frustrate, legitimate
investment backed expectations of property owners.
810.02 Definitions; Zoning Ordinance; Construction Rules; Severability.
Subd. 1 Definitions. Unless the context clearly indicates otherwise, the
following words, terms and phrases, shall have the stated meanings:
Applicant. All persons, whether one or more, who request approval by the
City of a plat, subdivision or lot division pursuant to this Section.
Commission. The Planning Commission of the City.
Comprehensive Plan. The Comprehensive Plan of the City containing the
elements set within M.S. 462.352, Subd. 5, adopted by the City in 1980,
pursuant to applicable Minnesota Statutes, as now or hereafter amended or
modified, and including any similar plan or plans as may supersede or be
substituted for the Comprehensive Plan. The Comprehensive Plan is
incorporated into this Section by this reference as completely as if fully set out.
Median. The value (being, in this Section, lot area, lot depth or lot width, as
the case may be) in an ordered set of such values below which and above which
there is an equal number of such values, or which is the arithmetic mean of the
two middle values if there is no one such middle value.
Neighborhood. All lots in the Single Dwelling Unit District as established by
Section 850 of this Code which are wholly or partially within 500 feet of the
perimeter of the proposed plat or subdivision, except:
A. Lots used for publicly owned parks, playgrounds, athletic facilities and
golf courses;
B. Lots used for conditional uses as established by Section 850 of this
Code; or
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City of Edina Land Use, Platting and Zoning 810.02
C. Lots separated from the proposed plat or subdivision by the right of way
of either T.H. 100 or T.H. 62.
If the neighborhood includes only a part of a lot, then the whole of that lot shall
be included in the neighborhood. As to streets on the perimeter of the proposed
plat or subdivision, the 500 feet shall be measured from the common line of the
street and the proposed plat or subdivision.
Of Record. Recorded in the office of the County Recorder, Hennepin County,
Minnesota, or filed in the Office of the Registrar of Titles, Hennepin County,
Minnesota, whichever is the appropriate office to give constructive notice of the
document of record.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision as
an outlot.
Parcel, Tract or Lot. The definitions in Section 850 of this Code for parcel,
tract, and lot are incorporated into this Section by reference.
Plat. The map of one or more subdivisions prepared for filing of record
pursuant to, and containing all elements and requirements in M.S. 505 and
containing all of the elements and requirements for a subdivision set forth in this
Section, to the extent such requirements and elements were not waived pursuant
to such statute or this Section, or containing all of the elements and
requirements imposed by, and not waived pursuant to, the Statutes and Sections
of this Code which were applicable when such map was prepared for filing of
record.
Subdivision. The separation of an area of land, of a parcel, tract or lot into two
or more parcels, tracts or lots, or long-term leasehold interests where the
creation of the leasehold interest necessitates the creation of streets, roads or
alleys, for residential, commercial, industrial or other use, or any combination,
except the following separations:
A. Where all the resulting parcels, tracts, lots or interests will be 20
acres or larger in size and 500 feet or wider in width for residential uses
and five acres or larger in size and 300 feet or wider in width for
commercial and industrial uses;
B. Creating cemetery lots; or
C. Resulting from court orders, or the adjustment of a lot line by the
relocation of a common boundary.
For the purposes of this Section, a subdivision shall include Registered Land
Surveys and Auditor's Subdivisions.
810 - 2
City of Edina Land Use, Platting and Zoning 810.04
Subd. 2 Zoning Ordinance Incorporated. Section 850 of this Code, (the Zoning
Ordinance) and all amendments, modifications and supplements made to, and all
Sections hereafter adopted by the Council as successors to said Section 850 are
incorporated into this Section by this reference as completely as if fully set out and the
provisions of this Section and Section 850 shall be read and interpreted so as to result in
a uniform and consistent application to all property. However, the provisions of
Subsection 810.05 relating to variances from the provisions of this Section shall apply
over any similar provisions in Section 850 of this Code.
Subd. 3 Construction Rules. The rules of construction set out in Subsection 850.03
of this Code are incorporated into this Section by reference.
810.03 Plat Required.
Subd 1. Compliance in Platting. Every subdivision, except as provided in
Subsection 810.04 shall be platted in full compliance with M.S. 505, this Section,
Section 850 of this Code and the Comprehensive Plan.
Subd. 2 Platting for Transferring Land. Any land transferred from one zoning
district to another zoning district, excluding, however, transfers to or from the Heritage
Preservation Overlay District or the Flood Plain Overlay District, as defined in Section
850 of this Code, shall be platted in full compliance with M.S. 505, this Section,
Section 850 of this Code and the Comprehensive Plan, in connection with, at the time
of, and as a condition to, such transfer.
Subd. 3 Parcels. The provisions of this Section shall apply also to parcels taken
from a parcel, tract or lot then existing of record by use of a metes and bounds
description, and such subdivisions shall be platted in full compliance with M.S. 505,
this Section, Section 850 of this Code and the Comprehensive Plan.
810.04 Plat Not Required.
Subd. 1 Double Dwelling Units. As provided in Subd. 1 of this Subsection 810.08,
no plat shall be required for subdivisions of lots in Double Dwelling Unit Districts but
only a lot division pursuant to Subd. 2 of this Subsection 810.04 shall be required.
Subd. 2 Lot Divisions. No plat shall be required for any lot division which adjusts
or relocates a common lot line separating two lots and which does not create a new
undeveloped parcel, tract or lot that complies, alone or in combination with one or
more other parcels, tracts or lots, with the applicable minimum lot area and other
requirements of this Section and Section 850 of this Code. However, before any lot
division shall be made or any conveyance resulting from the lot division is placed of
record, the Council shall adopt a resolution approving the same, and the procedure shall
be the same as for preliminary plat approval as set out in Subsection 8 10.10 except that
(i) notice of the hearing before the Council need not be published, (ii) no sign need be
erected, and (iii) only a survey prepared and signed by a Minnesota registered land
surveyor showing the proposed lot division need be filed with the Planner together with
810 - 3
City of Edina Land Use, Platting and Zoning 810.06
the required fee and such additional information that, in the opinion of the Planner, is
necessary for evaluation of the lot division and determination that it is consistent with
the requirements of this Section.
810.05 Variances.
Subd. 1 Grant by Council. In connection with the preliminary or final approval of
a plat or subdivision the Council may grant variances from the provisions of this
Section. The Council shall grant variances only upon finding that an unusual hardship
exists as to the land within the plat or subdivision, and specifically that:
A. The hardship is not a mere inconvenience;
B. The hardship is due to the particular physical surroundings, shape or
topographical condition of the land;
C. The condition or conditions upon which the request for a variance is based
are unique to the property being platted or subdivided and not generally
applicable to other property;
D. The hardship is caused by this Section and not by the applicant;
E. The variance will result in an improved plat or subdivision; and
F. The variance, if granted, will not alter the essential character of the land
within the plat or subdivision or in the neighborhood.
A grant of a variance by the Council shall be deemed to include a favorable finding on
each of the variance grounds set out above even if not specifically set out in the
approval resolution or the minutes of the Council meeting.
Subd. 2 Conditions. In granting a variance the Council may impose conditions to
ensure compliance with the purpose and objectives of this Section and other applicable
provisions of this Code and to protect adjacent properties. The conditions may be made
a part of any Development Contract required by Subsection 810.12.
810.06 Denial of Permits. A building permit or other permit for the development or
improvement of any parcel, tract, or lot may be denied for any of the reasons set out in this
Subsection:
Subd. 1 Violations of M.S. 462. If the parcel, tract or lot is conveyed in violation
of the provisions of M.S. 462.
Subd. 2 Non-Compliance. If the parcel, tract or lot is within any plat or
subdivision made after adoption of this Section which does not comply with the
requirements of this Section and was not approved by the Council pursuant to this
Section.
810 - 4
City of Edina Land Use, Platting and Zoning 810.09
Subd. 3 Filing. If the parcel, tract or lot is in any plat made after adoption of this
Section which has not been filed and a certified copy delivered to the Planner as
required by Subd. 4 of Subsection 810.10.
Subd. 4 Outlot. If the parcel, tract or lot is an outlot.
810.07 Outlots. It is the policy of the City to allow outlots on plats and subdivisions
presented to the City for approval pursuant to this Section, but only for the purpose of
simplifying the descriptions of parcels of land (i) that would otherwise be excepted from the
platted area, or (ii) that are to be conveyed or dedicated to the City or other public body.
Therefore, any outlots shown on a plat or subdivision approved by the Council shall not be,
nor be deemed to be, lots or parcels as defined in Section 850 of this Code, nor shall any
outlots be developed by the erection or placing of improvements on the outlots, unless first
replatted into lots and blocks pursuant to this Section and the applicable provisions of State
Law. Except, however, improvements may be erected or placed by the City or other public
body upon outlots conveyed or dedicated to it.
810.08 Double Dwelling Unit District (R-2) and Townhouse Plats.
Subd. 1 Double Dwelling Units. Any lot in the Double Dwelling Unit District as
then determined by Section 850 of this Code may be subdivided into two lots
notwithstanding the regulations stated in Section 850 of this Code which apply to the
Single Dwelling Unit District. Provided, that as a condition to the approval of the
subdivision the owner or owners of the lot to be subdivided shall make a separate and
independent connection of each dwelling unit on the lot to be subdivided with the public
sanitary sewer and water mains, as required by Section 445 of this Code.
Subd. 2 Townhouse Plats. As conditions to the approval of any townhouse plat, as
defined in the Section 850 of this Code, of previously built and then existing
townhouses, as defined in Section 850 of this Code, each townhouse shall be separately
and independently connected to the sanitary sewer and water mains as required by
Section 445 of this Code.
810.09 Application; Fees; Charges; Application Requirements.
Subd. 1 Filing with the Planner. All applications for plats and subdivisions and all
lot divisions pursuant to Subd. 2 of Subsection 810.04 presented for approval by the
Commission and Council shall be filed with the Planner on forms prescribed by the
Planner and shall be accompanied by a fee in the amount set forth in Section 185 of this
Code. The fee shall not be refunded for any reason including without limitation,
rejection of the plat, subdivision or lot division by the Council, or abandonment or
withdrawal of the proposed plat, subdivision or lot division by the applicant. The City
shall have no duty to process or act on any plat, subdivision or lot division unless and
until the applicable fee has been paid to the City. Also, no application shall be
complete until all information and documents required by this Subsection have been
filed with the Planner.
810 - 5
City of Edina Land Use, Platting and Zoning 810.09
Subd. 2 Additional Fees. Each person, by filing or submitting an application for
approval by the City of a proposed plat, subdivision or lot division, shall have agreed to
pay all administrative expenses and attorneys' fees, with interest and costs as provided
in this Subd. 2, incurred by the City in connection with or as a result of reviewing and
acting on such application. If more than one person signs an application, all signers
shall be jointly and severally liable for such expenses and fees, with interest and costs
as provided. The expenses and fees to be paid to the City pursuant to this Subd. 2 shall
be payable upon demand made by the City, and if not paid within five days after the
demand is made, shall bear interest from the date of demand until paid at a rate equal to
the lesser of the highest interest rate allowed by law or two percentage points in excess
of the reference rate. The applicants shall also pay all costs, including attorneys' fees,
incurred by the City in collecting the expenses, fees and interest, with interest on such
costs of collection from the dates incurred until paid, at the same interest rate as is
payable on the expenses and fees. For purposes of this Section, reference rate shall
mean the rate publicly announced from time to time by First Edina National Bank, or
any successor, as its reference rate, and if the bank, or its successor, ceases publicly
announcing its reference rate, reference rate shall mean the interest rate charged from
time to time by such bank or its successor on 90-day unsecured business loans to its
most creditworthy customers.
Subd. 3 Additional Requirements.
A. There shall be delivered with each application a written instrument from
each utility company showing that arrangements acceptable to the Planner have
been made with the utility company for the installation of utilities in the manner
required by this Section and other applicable sections of this Code.
B. The applicant shall erect, or cause to be erected, a sign or signs as required
by paragraph B. of Subd. 2 of Subsection 850.04 of this Code, except that the
information contained shall be as follows:
C. "This property proposed for subdivision by:
(Names of Applicants)
(Telephone Numbers of Applicants)
D. For information contact Edina Planning Department,
Telephone No. 927-8861".
E. The applicant shall also give mailed notice to the owners of all lots in the
neighborhood of the proposed plat or subdivision, as such owners and their
addresses shall be shown on a list prepared by the City, and for a fee established
pursuant to Section 185 of this Code. The notice shall be on a form prescribed
by the Planner, but, at a minimum, shall advise of the proposed plat or
subdivision, the number of lots to be created, and the address and phone number
of the applicant.
810 - 6
City of Edina Land Use, Platting and Zoning 810.09
F. The sign or signs required by paragraph B. of this Subd. 3 at all times shall
be kept in good repair and shall be maintained in place until a final decision on
the application has been made by the Council, and shall be removed by the
applicant within five days after the final decision. If the signs are not kept in
good repair or removed as required, then such signs shall be deemed a nuisance
and may be abated by the City by proceedings under M.S. 429, and the cost of
abatement, including administrative expenses, may be levied as a special
assessment against the property upon which the sign is located, or the applicant
may be prosecuted for violation of this Section, and if convicted shall be guilty
of a misdemeanor and subject to penalties pursuant to Section 100 of this Code.
If there is more than one applicant, they shall be jointly and severally liable.
G. The applicant shall also deliver to the Planner such other information as is
necessary, in the Planner's opinion, for evaluation of the application and
determining consistency and compliance with the requirements of this Section
and this Code.
Subd. 4 Application Data. The applicant shall file with the application the
following information which is required for all proposed plats and subdivisions, and
which shall be shown on the proposed plat or subdivision or other accompanying
document:
A. The proposed name of the proposed plat or subdivision.
B. The name, address and telephone number of each owner, each agent of any
owner, each applicant, the surveyor and the designer of the proposed plat or
subdivision.
C. A graphic scale (no smaller than 1" = 50'), the north point and the date of
preparation of the proposed plat or subdivision.
D. The plat or subdivision, and the perimeter lines of each lot, with bearings
and distances.
E. The lot and block numbers.
F. The lot width, lot depth, and lot area, as defined by Section 850 of this
Code, of each proposed lot and outlot.
G. The total area, area in lots, area in streets and other public uses, by square
footage.
H. The legal description of the tract to be platted, together with its PIN
numbers(s).
I. The existing zoning classification(s) of the property.
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City of Edina Land Use, Platting and Zoning 810.09
J. Location and size of any proposed outlots, and a conceptual plan
(graphically and in writing) for future development.
K. All existing public roads and rights-of-way serving the property, including
the grade, width, legally established centerline elevation, and the location and
elevation of sidewalks.
L. All proposed public roads and rights-of-way.
M. Existing easement locations, widths and purposes, and showing invert
elevation of sewers.
N. Proposed easement locations, widths and purposes.
O. Location of existing and proposed utilities, including distance to nearest
utilities not on or adjoining the property, and showing the invert elevation of
sewers.
P. Existing elevations and contours at two foot intervals and a preliminary
grading plan showing resulting elevations and contours at two foot intervals.
Q. Minimum front, rear and side setbacks for the proposed improvements on
the proposed lots.
R. Location of all wetlands, streams, ponds or lakes within or flowing through
the property proposed to be platted or subdivided with normal high water and
100 year frequency flood elevation.
S. Location of all proposed parks, drainage facilities and area proposed to be
dedicated for public use.
T. Ground elevation of land within 100 feet of the perimeter property lines of
the area proposed to be platted or subdivided, showing contour lines at two foot
intervals.
U. If the land proposed to be platted or subdivided is within the floodplain in
whole or in part as determined by Section 850 of this Code, then there shall be
shown the location and elevation of the floodplain, the elevation of each building
site on each lot within the floodplain, the elevations of the road access to the
plat or subdivision and to each building site within the flood plain, and such
other information as is required to evidence compliance with Subsection 850.21
of this Code.
V. The land area, by total square footage and as a percentage of all land in the
proposed plat or subdivision, to be disturbed in the subdivision by public and
private improvements, and the location of such disturbed areas.
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City of Edina Land Use, Platting and Zoning 810.09
W. The location and elevation of all existing improvements on the land in the
proposed plat or subdivision and a statement as to whether they will remain or
be removed.
X. A graphic illustrating the then existing topography for all lots in the
proposed plat or subdivision and showing the location of all areas with slopes of
greater than 18 percent, and the percentage of such areas relative to the total
area in the proposed plat or subdivision, and the percentage of each lot having
slopes of 18 percent or greater.
Y. The number and location of overstory trees then existing on the property
proposed to be disturbed by public or private improvements, having a diameter
of six inches or more as to deciduous trees, and having a height of six feet or
more as to coniferous trees.
Subd. 5 Additional Requirements for Platting or Subdivision of Property in the
Single Dwelling Unit District. In addition to the requirements of Subd. 4 of this
Subsection, the applicant for a proposed plat or subdivision of land wholly or partially
within the Single Dwelling Unit District as then determined by Section 850 of this
Code, shall also deliver to the Planner the following information from a source
acceptable to the Planner:
A. A complete list of all lots which are within the neighborhood of the property
proposed to be platted or subdivided with the following information:
1. The lot area for each lot;
2. The mean and median lot area (in square feet) of all lots;
3. The lot width, as defined by Section 850 of this Code, for each lot;
4. The mean and median lot width, as defined by Section 850 of this
Code, of all lots;
5. The lot depth, as defined by the Section 850 of this Code, for each
lot;
6. The mean and median lot depth, as defined by Section 850 of this
Code, of all lots; and
7. The name and address of the owner of each lot.
B. The location of the proposed building pad for each lot in the proposed plat
or subdivision.
C. The lot width to perimeter ratio (as defined in Section 850 of this Code) for
each lot in the proposed plat or subdivision.
810 - 9
City of Edina Land Use, Platting and Zoning 810.10
810.10 Review and Approval Process.
Subd. 1 Hearing and Decision by Commission.
A. Upon receipt by the Planner of the application and all other documents and
information required pursuant to Subsection 810.09 and determination by the
Planner that the required mailed notice has been given and the required signs
have been erected for not less than ten days prior to the Commission hearing,
the Planner shall review the application, prepare a report and forward the report
to the Commission.
B. Upon receipt of the report of the Planner, the Commission shall conduct a
hearing which shall be not less than ten days after said required notice has been
given and said required signs have been erected. After hearing the oral and
written views of all persons, the Commission shall make its recommendation at
the same or at a specified future meeting. In making its recommendation, the
Commission shall be guided by and subject to the provisions of Subsection
810.11. Also, if the provisions of Subd. 2 of Subsection 810.13 apply, the
Commission shall recommend the dedication or easement option as provided in
said subdivision.
Subd. 2 Public Hearing by Council - Preliminary Approval.
A. Upon request of the Planner or applicant, and after the Commission has
examined and considered the proposed plat, subdivision or lot division (and
even if the Commission has failed to make a recommendation to the Council),
the Council shall set a date for hearing, which shall be not later than 60 days
after the meeting at which the hearing date is set. A notice of the date, time,
place and purpose of the hearing shall be published once in the official
newspaper not less than ten days before the date of the hearing; provided,
however, that no published notice need be made for lot divisions pursuant to
Subd. 2 of Subsection 810.04. After hearing the oral or written views of all
interested persons, the Council shall make its decision at the same meeting or at
a specified future meeting. In making its decision, the Council shall be guided
by and subject to the provisions of Subsection 810.11. Also, if the provisions of
Subd. 2 of Subsection 810.13 apply, the Council shall select its option as
provided in said subdivision. The Council may by resolution:
1. Grant preliminary approval, with or without modification, and
without conditions, or with such conditions reasonably related to the
purpose and objectives of this Section as the Council may deem
necessary or desirable; or
2. Grant preliminary and final approval at the same time, with or
without modification, and without conditions, or with such conditions
810 - 10
City of Edina Land Use, Platting and Zoning 810.10
reasonably related to the purpose and objectives of this Section as the
Council may deem necessary or desirable; or
3. Refer the plat, subdivision or lot division to the Commission or other
appropriate City commissions, officers or departments for further
investigation and report to the Council at a specified future meeting; or
4. Reject the plat, subdivision or lot division.
B. The Council shall either grant preliminary approval or reject the proposed
plat or subdivision within 120 days of the receipt by the Planner of an
application completed in compliance with this Subsection 810.09 unless
applicant agrees to an extension of the review period.
C. The grant of preliminary and final approval by the Council shall be deemed
to include a favorable finding on all required matters as set out in this Section
even if not specifically set out in the approval resolution or the minutes of the
Council meeting.
Subd. 3 Final Approval.
A. When a plat or subdivision has been given preliminary approval, the Planner
shall submit a supplementary report to the Council recommending final approval
upon receipt by the Planner of the following:
1. A written request from the applicant for final approval;
2. Evidence and documents satisfactory to the Planner meeting and
complying with the conditions and modifications imposed by the Council
at the time of granting preliminary approval;
3. Two mylar or linen reproducible tracings and copies of the final plat
complying with the requirements of this Section, the preliminary
approval granted by the Council, and M.S. 505, together with evidence
that the final plat has been received and approved by the County
surveyor's office;
4. The Developer's Agreement and Development Contract fully
executed by the applicant and the City, and the security, as required by
Subsection 810.12;
5. A letter or other signed document from each utility company
agreeing to comply with Subsection 810.14 of this Section;
6. Evidence acceptable to the Planner evidencing ownership of, and
encumbrances on, the property proposed to be platted or subdivided,
including, without limitation, a written opinion from the applicant's
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City of Edina Land Use, Platting and Zoning 810.10
counsel addressed to the City opining that all documents executed by the
applicant and delivered to the City have been duly executed and
delivered, have been duly authorized by all necessary corporate,
partnership or other entity action, are binding on the signing parties and
enforceable in accordance with their terms, and containing such
additional statements as the Planner may request; and
7. All fees and expenses to be paid by the applicant pursuant to
Subsection 810.09, including attorney's fees incurred by the City.
Provided, however, if any one or more of the foregoing items is not received by
the Planner, the Planner may yet submit a supplemental report to the Council,
and the Council may condition its final approval upon the receipt by the Planner
of those items not then so received, as well as other matters reasonably related
to the purpose and objectives of this Section.
B. Upon receipt of the supplementary report of the Planner, the Council shall
act thereon, which action shall be by resolution. Such resolution shall be passed
within 60 days of receipt of such supplemental report of the Planner. Final
approval may be conditioned as provided in paragraph A. of this Subd. 3 and
may also be conditioned upon receipt of the land dedication or cash contribution
required pursuant to Subsection 810.13 and upon compliance with any
conditions and modifications imposed at the time of preliminary approval and
not yet met or fulfilled. If the Council imposes conditions in any grant of final
approval, then the officers of the City shall not sign such plat, nor shall the
Clerk issue any certified copy of the resolution of the Council giving such final
approval, until such conditions are met and complied with. The Clerk is
authorized, once such conditions have been met and complied with, to issue a
certified copy of the resolution of the Council giving such final approval,
without reference to such conditions.
C. If the supplementary report of the Planner is not submitted to the Council by
the first anniversary date of the Council resolution granting preliminary
approval, the plat or subdivision shall be deemed abandoned and withdrawn and
of no effect, and a new application shall be filed and the plat or subdivision
again submitted for review and action pursuant to this Section.
Subd. 4 Filing of Plat; Certified Copy of Approving Resolution.
A. The applicant shall file of record the final plat, at applicant's expense, as
soon as possible after receipt by applicant of a certified copy of the Council
resolution giving final approval of the plat. Said plat shall not be filed of
record, nor accepted of record, unless said certified copy of the Council
resolution giving such final approval accompanies such plat when presented for
filing of record. A certified copy of such filed plat with the recording data shall
be filed with the Planner.
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City of Edina Land Use, Platting and Zoning 810.11
B. If the plat is not filed of record and a certified copy filed with the Planner by
the first anniversary date of the Council resolution giving such final approval
(even if such final approval is conditional on performance of further acts by
applicant or others), the plat or subdivision shall be deemed abandoned and
withdrawn and of no effect, and a new application shall be filed and the plat or
subdivision again submitted for review and action pursuant to this Section.
C. If the approved plat is of land contiguous to another municipality, the Clerk
shall also file a copy of such resolution with the governing body of such
municipality.
D. The Clerk shall not give a certified copy of the resolution approving the plat
or subdivision for a double dwelling unit or a townhouse development until the
requirements of Subsection 810.08 have been fulfilled.
E. The Clerk shall not give a certified copy of the resolution approving any plat
or subdivision or lot division until all fees, interest and costs are paid to the City
pursuant to Subsection 810.09.
810.11 Guidelines and Criteria for Evaluating Plats and Subdivisions.
Subd. 1 Considerations. The Commission in reviewing proposed plats and
subdivisions and in determining its recommendation to the Council, and the Council in
determining whether to approve or disapprove of any plat or subdivision, may consider,
among other matters, the following:
A. The impact of the proposed plat or subdivision, and proposed development,
on the character and symmetry of the neighborhood as evidenced and indicated
by, but not limited to, the following matters:
1. The suitability of the size and shape of the lots in the proposed plat
or subdivision relative to the size and shape of lots in the neighborhood;
and
2. The compatibility of the size, shape, location and arrangement of the
lots in the proposed plat or subdivision with the proposed density and
intended use of the site and the density and use of lots in the
neighborhood.
B. The impact of the proposed plat or subdivision, and proposed development,
on the environment, including but not limited to, topography, steep slopes,
vegetation, naturally occurring lakes, ponds and streams, susceptibility of the
site to erosion and sedimentation, susceptibility of the site to flooding and water
storage needs on and from the site.
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City of Edina Land Use, Platting and Zoning 810.11
C. The consistency of the proposed plat or subdivision, and proposed
development, and compliance by the proposed plat or subdivision, and the
proposed development, with the policies, objectives, and goals of the
Comprehensive Plan.
D. The compliance of the proposed plat or subdivision, and the proposed
development with the policies, objectives, goals and requirements of Section 850
of this Code including, without limitation, the lot size provisions and the
Floodplain Overlay District provisions of Section 850 of this Code.
E. The impact of the proposed plat or subdivision, and proposed development
on the health, safety and general welfare of the public.
F. The relationship of the design of the site, or the improvements proposed and
the conflict of such design or improvements, with any easements of record or on
the ground.
G. The relationship of lots in the proposed plat or subdivision to existing streets
and the adequacy and safety of ingress to and egress from such lots from and to
existing streets.
H. The adequacy of streets in the proposed plat or subdivision, and the
conformity with existing and planned streets and highways in surrounding areas.
Streets in the proposed plat or subdivision shall be deemed inadequate if
designed or located so as to prevent or deny public street access to adjoining
properties, it being the policy of the City to avoid landlocked tracts, parcels or
lots.
I. The suitability of street grades in relation to the grades of lots and existing
or future extension of the City's water, storm and sanitary sewer systems.
J. The adequacy and availability of access by police, fire, ambulance and other
life safety vehicles to all proposed improvements to be developed on the
proposed plat or subdivision.
K. Whether the physical characteristics of the property, including, without
limitation, topography, vegetation, susceptibility to erosion or siltation,
susceptibility to flooding, use as a natural recovery and ponding area for storm
water, and potential disturbance of slopes with a grade of 18 percent or more,
are such that the property is not suitable for the type of development or use
proposed.
L. Whether development within the proposed plat or subdivision will cause the
disturbance of more than 25 percent of the total area in such plat or subdivision
containing slopes exceeding 18 percent.
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City of Edina Land Use, Platting and Zoning 810.11
M. Whether the proposed plat or subdivision, or the improvements proposed to
be placed thereon are likely to cause substantial environmental damage.
Subd. 2 Lot Dimensions. If the proposed plat is wholly or partially within the
Single Dwelling Unit District, then the minimum lot area, lot width, lot depth and lot
width to perimeter ratio shall be as follows:
A. The minimum lot area, as defined in Section 850 of this Code, shall be the
greater of 9,000 square feet, or the median lot area of lots in the neighborhood.
B. The minimum lot width, as defined in Section 850 of this Code, shall be the
greater of 75 feet, or the median lot width of lots in the neighborhood.
C. The minimum lot depth, as defined in Section 850 of this Code, shall be the
greater of 120 feet, or the median lot depth of lots in the neighborhood.
D. The lot width to perimeter ratio, as defined in Section 850 of this Code, for
any lot in the proposed plat or subdivision shall not be less than 0.1.
Subd. 3 Additional Considerations. In addition to the foregoing matters, the
Commission, in connection with its recommendation to the Council, and the Council in
determining whether to approve or disapprove a proposed plat or subdivision, shall
specifically and especially consider the following matters:
A. Whether the proposed plat or subdivision complies with the policies,
objectives and goals of the Comprehensive Plan.
B. Whether the proposed plat or subdivision complies with the policies,
objectives, goals and requirements of Section 850 of this Code, including,
without limitation, the lot size and dimension requirements of Section 850 of
this Code, and the Flood Plain Overlay District and Heritage Preservation
Overlay District of Section 850 of this Code, as varied by variances therefrom,
if any, granted pursuant to this Section or Section 850 of this Code.
C. Whether the design of the proposed plat or subdivision, or the design or type
of improvements proposed to be placed thereon, may be detrimental to the
health, safety or general welfare of the public.
D. Whether the proposed plat or subdivision conforms to, and complies with
the requirements of, applicable State Law.
E. Whether the proposed plat or subdivision complies with the policies,
objectives, goals and requirements of this Section, as varied by variances
therefrom, if any.
810.12 Responsibility for Improvements; Subdivision Financing; Security; Development
Contracts.
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City of Edina Land Use, Platting and Zoning 810.13
Subd. 1 Developer's Agreement. After preliminary approval has been given to a
plat or subdivision, the applicant shall enter into a Developer's Agreement (herein
called the "Agreement") with the City, on terms and conditions determined by the City,
and shall cause all street, water, and sewer improvements required by the Planner or
Engineer, or by the resolution granting preliminary or final approval, to be completed,
pursuant to the Agreement and to the City's then standards and specifications for such
improvements. Such Agreement (a) as to improvements to be installed by the applicant
shall obligate the applicant to install and complete all such improvements, at applicant's
own expense and under the supervision and inspection of the Engineer, and shall
obligate the applicant to pay to the City a fee in compensation for such services in an
amount equal to 6.5 percent of the total construction cost of all such improvements
within 30 days after receipt of a statement, (b) as to improvements petitioned for by the
applicant to be installed by the City, which City installations shall be done only in plats
then situated within the Single Dwelling Unit District, the Double Dwelling Unit
District and the Planned Residence District, as determined by Section 850 of this Code,
shall obligate the City to provide engineering services and construct the improvements
and obligate the applicant to pay to the City the cost of such services and construction
through payment of special assessments, which shall be payable in not more than three
annual installments, and (c) as to improvements petitioned for by the applicant to be
installed and assessed in accordance with the regular policies of the City, shall provide
for installation, if ordered by the Council, and assessment in accordance with the then
policies of the City; provided, however, that the City shall not be obligated to enter into
such agreement (i) if the improvements required by the Planner or Engineer or by such
resolution are not allocated among the methods at (a), (b) and (c) above in a manner
satisfactory to the Engineer, or (ii) if the applicant as to the improvements at (a) and (b)
above does not give one or more of a bond, cash in escrow or an irrevocable letter of
credit, all as may be required by the Planner or Engineer, or (iii) as to any
improvements, if the Council determines that the City must borrow money to pay its
costs of construction under such Agreement and such borrowing will jeopardize the
City's credit rating. The Agreement shall also provide, as to improvements at (b)
above, that if the applicant transfers any lot or parcel in the platted or subdivided area
while special assessments then levied or to be levied for the improvements made
pursuant to said Agreement remain unpaid, they will be paid or prepaid in full as to
such transferred lot or parcel, to the City Treasurer or the County Treasurer, at the
time of such transfer.
Subd. 2 Security for Improvements.
A. Any bond required by the City shall be given by the applicant with a
corporate surety authorized to do business in Minnesota and approved by the
City and, as to improvements referred to at (a) of Subd. 1 of this Subsection,
shall be a performance and payment bond in at least the full amount of all
contracts for the installation of such improvements, and as to improvements
referred to at (b) of Subd. 1 of this Subsection, shall be in the full amount of all
costs of making the improvements specified in the Agreement not paid in cash
810 - 16
City of Edina Land Use, Platting and Zoning 810.12
by the applicant before or at the time of entering into the Agreement and shall
be given for the securing to the City of the payment of the special assessments.
B. Any cash deposit required by the City shall be deposited by the applicant, in
escrow, in a national or state bank having an office in the City, in the full
amount of the unpaid improvement costs, together with a written agreement
signed by the applicant and the bank whereby the funds in escrow will be paid to
the City from time to time solely upon the written demand of the City, to the
extent of any default by the applicant as to the terms of the Agreement then
alleged by the City.
C. Any letter of credit required by the City shall be from a national or state
bank approved by the City, shall be unconditional and irrevocable, shall be for
the full amount of the unpaid improvement costs, and shall provide that funds
will be paid to the City solely upon written demand from time to time of the
City to the extent of any default by the applicant as to the terms of the
Agreement then alleged by the City.
D. If there is more than one applicant, all shall join in the Agreement, and shall
be jointly and severally obligated to perform the obligations of applicant under
the Agreement.
Subd. 3 Development Contracts. When preliminary or final approval has been
given to a plat or subdivision, and if modifications or conditions have been imposed in
connection with such approval, the applicant shall enter into a Development Contract
(herein called the "Development Contract") embodying the modifications and
conditions of approval, and containing such other terms and conditions as the City may
require to impose, enforce and make effective such modifications and conditions. The
Development Contract shall be placed of record if requested by the City, at the expense
of applicant.
810.13 Land Dedication or Cash Contribution.
Subd. 1 Dedicating a Portion of Plat or Subdivision. A reasonable portion of any
proposed plat or subdivision shall be dedicated to the City for public use for streets,
roads, sewer lines, electric lines, gas lines, water lines and facilities, storm water
drainage and holding areas or ponds and similar utilities and improvements. The
Planner and Engineer shall recommend to the Council what portion is reasonable, the
location, the need and the use.
Subd. 2 Land Adjoining Lakes, Ponds or Streams. Where any plat or subdivision
adjoins a natural lake, pond or stream, including streams which flow only
intermittently, a strip of land running along all sides which are contiguous to such lake,
pond or stream, which strip shall extend from a line 100 feet upland from the lake or
pond, as measured from the high water mark, and 100 feet from the centerline of the
stream, shall be either (i) dedicated to the City for public use, or (ii) subjected to a
perpetual easement in favor of the City over and in said land and the bed and water
810 - 17
City of Edina Land Use, Platting and Zoning 810.13
body of such lake, pond or stream, for the purpose of protecting the hydraulic
efficiency and the natural character and beauty of such lake pond or stream. The
Commission shall determine which of these options is more appropriate and shall
recommend to the Council one of said options. In either case there shall also then be
granted to the City the right of ingress to and egress from the said strip of land with
workers, equipment and material. Also, where the easement is determined to be in the
best interest of the City, said easement shall also provide that the owners of the areas as
to which such easement is granted shall not make, do or place any fill, grading,
improvement or development of any kind on or to such easement area, or raise the level
of the easement area in any way, but all such right to fill, grade, improve and develop,
and to raise the level of the easement area, shall be granted by said easement to the
City.
Subd. 3 Land for Public Use. In addition to the dedication to be made pursuant to
Subd. 1 and 2 of this Subsection, and if the Council reasonably determines that it will
need to acquire a portion of land within the plat or subdivision for the purposes stated
in this Subd. 3 as a result of approval of the plat or subdivision, then, as to such plat or
subdivision, a reasonable portion of the land therein shall be dedicated to the public or
preserved for conservation purposes or for public use as parks, playgrounds, trails,
wetlands or open space, provided that, at the option of the City, the owner or owners
shall contribute to the City an amount of cash equal to the fair market value of the land
otherwise required to be so dedicated or preserved, or dedicate and preserve a part of
such land and contribute the balance of such land value in cash. Land then set aside
and dedicated for public recreation purposes pursuant to Subsection 850.13 (Planned
Residential District) of this Code may be considered as set aside and dedicated under
this Section to the extent required hereunder in connection with such plat or
subdivision, but then only to the extent that such land is in excess of the open space
then required by Section 850 of this Code. Any money so paid to the City shall be
placed in a special fund and used only for the acquisition or development of land for
conservation purposes, parks, playgrounds, trails, wetlands, and open space. For
purposes of this Section, "fair market value of the land" is defined as the fair market
value of the land within such plat or subdivision, as determined by the City Assessor,
as of the date the plat or subdivision is granted final approval by the Council. It is the
policy of the City, as a general rule, to require dedication of land in the following
instances:
A. If the property to be dedicated is adjacent to an existing public park or
playground and the additional property will beneficially expand the park or
playground;
B. If the property to be dedicated is six acres or more in size, or is expected to
be combined with future acquisitions by the City so that a public park with a
minimum of six acres will result;
C. If the property to be dedicated abuts or adjoins a natural lake, pond or
stream, or a wetland then protected by then applicable state or federal laws or
statutes;
810 - 18
City of Edina Land Use, Platting and Zoning 810.16
D. If the property to be dedicated is necessary or desirable for a storm water
holding or ponding area, or is an area which the City intends to have dredged or
otherwise improved for storm water holding areas or ponds; or
E. If the property to be dedicated is a place of significant natural, scenic or
historic value.
810.14 Utilities.
Subd. 1 Underground Installation of Utilities. All new utilities (excluding main
line electric feeders and high voltage transmission lines) constructed within the confines
of and providing service to customers in the plat shall be installed underground.
Subd. 2 In Public Easements. All electric and gas distribution lines and piping,
roadways, curbs, walks and other similar improvements shall be constructed only on a
street, alley or other public way or easement which is designated on a plat or
subdivision approved by the Council or which has otherwise been approved by the
Council.
810.15 Street Maintenance. Until a street in a plat or subdivision has been completed in
accordance with the plans and specifications approved by the City, and the Engineer has
certified as to such completion, the owner shall keep such street, if used for public travel, in
safe condition for such use, at owner's own expense. The City shall not be chargeable with the
cost of or the responsibility for the maintenance of such street until the completion of such
street has been so certified.
810.16 Penalty.
Subd. 1 Violation of M.S. 462.358, Subd. 4b. In addition to the provisions of
Subsection 100.09 of this Code, any person who conveys a lot, tract or parcel in
violation of M.S. 462.358, Subd. 4b, (which is hereby incorporated herein by reference
and made a part of this Code) shall forfeit and pay to the City a penalty of not less than
$100.00 for each lot, tract or parcel so conveyed. Also, the city may enjoin such
conveyance, or recover such penalty, by a civil action in a court of competent
jurisdiction.
History: Ord 804 adopted 12-13-89; amended by Ord 1998-5 8-26-98
Reference: M.S. 462, 505
Cross Reference: Sections 445, 850; Subsections 100.09, 850.21
810 - 19
City of Edina Land Use,Platting and Zoning 850.01
Section 850 - Zoning
850.01 Findings, Purpose and Objectives 850.08 Parking and Circulation
850.02 Short Title 850.09 Loading Facilities
850.03 Rules of Construction, Interpretation, 850.10 Landscaping and Screening
Severability, Definitions 850.11 Single Dwelling Unit District (R-1)
850.04 Administration and Procedures for 850.12 Double Dwelling Unit District (R-2)
Variances, Rezoning, Transfer to 850.13 Planned Residence District (PRD,
Planned Districts, Conditional Use PSR)
Permits, Temporary Conditional Use 850.14 Mixed Development District (MDD)
Permits 850.15 Planned Office District (POD)
850.05 Districts 850.16 Planned Commercial District (PCD)
850.06 District Boundaries 850.17 Planned Industrial District (PID)
850.07 General Requirements Applicable to 850.18 Regional Medical District (RMD)
all Districts Except as Otherwise 850.19 Automobile Parking District (APD)
Stated, Storage of Refuse, Home 850.20 Heritage Preservation Overlay
Occupations, Fences, Setbacks, District (HPD)
Building Coverage 850.21 General Flood Plain District (FD)
850.01 Findings, Purpose and Objectives. The Council finds that Edina has emerged from an
era exemplified by unparalleled growth and development and has entered a period of stability,
reuse and redevelopment; that some of the standards and regulations which guided initial
development of the City are not appropriate for guiding future development and redevelopment;
and that standards and regulations for guiding future development and redevelopment should be
based upon the stated goals, objectives and policies of the Comprehensive Plan of this City, as
from time to time amended, which constitutes the City's statement of philosophy concerning the
use of land within its jurisdiction. Through the enactment of this Section, the Council intends to
implement this statement of philosophy so as to provide for the orderly and planned development
and redevelopment of lands and waters in Edina, to maintain an attractive living and working
environment in Edina, to preserve and enhance the high quality residential character of Edina and
to promote the public health, safety and general welfare.
Specifically, this Section is intended to implement the following objectives, some of which are
contained in the Comprehensive Plan:
Maintain, protect and enhance single family detached dwelling neighborhoods as the
dominant land use.
Encourage orderly development of multi-family housing that offers a wide range of
housing choice, density and location while maintaining the overall high quality of
residential development.
Control the use, development and expansion of certain non-residential uses in the Single
Dwelling Unit District in order to reduce or eliminate undesirable impacts of such non-
residential uses.
Encourage a more creative and imaginative approach to the development of multi-family
developments.
850-1 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.01
Provide an enjoyable living environment by preserving existing topography, vegetation,
streams, water bodies and other natural land and water forms.
Encourage mixed use developments which:
A. Provide housing for persons of low and moderate income.
B. Include recreational facilities and parks.
C. Harmoniously integrate residential and non-residential uses.
D. Encourage the increased use of mass transit.
E. Reduce employment-related automobile trips.
Encourage orderly development, use and maintenance of office, commercial and industrial
uses which are compatible with the residential character of the City.
Recognize and distinguish commercial districts at the neighborhood level, the community
level and the regional level, so as to provide retail establishments compatible in use and
scale with surrounding properties, especially those used for residential purposes.
Establish requirements for parking and loading to minimize impacts on public streets and
surrounding properties.
Establish standards for landscaping and screening to contribute to the beauty of the
community, add to the urban forest and buffer incompatible uses from one another.
Preserve buildings, lands, areas and districts which possess historical or architectural
significance.
Protect surface and ground water supplies, minimize the possibility of periodic flooding
resulting in loss of life and property, health and safety hazards and related adverse effects.
Allow interim uses of closed public school buildings.
The Council also finds that sexually-oriented businesses have adverse secondary characteristics
particularly when they may be accessible to minors or are located near residential properties or
schools, day care centers, libraries and parks, and such businesses can exert a dehumanizing
influence on persons attending or using such residential properties or schools, day care centers,
libraries and parks.
Sexually-oriented businesses can contribute to an increase in criminal activity in the area in which
such businesses are located.
Sexually-oriented businesses can significantly contribute to the deterioration of residential
neighborhoods and can impair the character and quality of the residential housing in the area in
which such businesses are located, thereby exacerbating the shortage of affordable and habitable
housing for City residents.
The concentration of sexually-oriented businesses in one area can have a substantially detrimental
850-2 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.03
effect on the area in which such businesses are concentrated and on the overall quality of urban
life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses.
The presence of such businesses is perceived by others as an indication that the area is
deteriorating and the result can be devastating -- other businesses move out of the vicinity and
residents flee from the area. Declining real estate values, which can result from the concentration
of such businesses, erode the City's tax base and contribute to overall urban blight.
The regulation of the location and operation of sexually-oriented businesses is warranted to
prevent the adverse secondary effects of such businesses on the City's crime rate, its retail trade,
its property values, and in general the quality of the City's neighborhoods, commercial and
industrial districts, and urban life.
This Section divides the City into districts and establishes minimum requirements for these
districts as to the location, height, parking, landscaping, bulk, mass, building coverage, density
and setbacks of buildings and structures and the use of buildings, structures and properties for
residences, retailing, offices, industry, recreation, institutions and other uses. This Section also
provides procedures for the transfer of property to another district, procedures for the issuance of
conditional use permits, establishes the Zoning Board of Appeals, provides for the administration
of this Section, and establishes penalties and remedies for violations. This Section also establishes
overlay districts designed to preserve buildings, lands, areas and districts of historic or
architectural significance and to protect surface and ground water supplies and minimize the
possibility of periodic flooding resulting in loss of life and property, health and safety hazards and
related adverse effects.
850.02 Short Title. This Section shall be known as the Zoning Ordinance, may be cited as
such, and will be referred to in this Section as "this Section".
850.03 Rules of Construction, Interpretation, Severability, Definitions.
Subd. 1 Rules of Construction. In construing this Section, the following rules of
construction shall govern, unless their observance would involve a construction
inconsistent with the manifest intent of the Council, or be repugnant to the context of the
section:
A. The use of the phrase "used for" shall include the phrases "designed for,"
"intended for," "improved for," "maintained for," "offered for," and "occupied
for."
B. Words and phrases shall be construed according to rules of grammar and
according to their common and accepted usage; but technical words and phrases and
such others as have acquired a special meaning, or are defined in this Section, shall
be construed according to such special meaning or their definition.
C. References in this Section to this Section or to another Code provision, whether
or not by specific number, shall mean this Section, and the referred to Code
provision, as then amended.
D. The R-1 District is also used as a holding or open development area for those
properties shown on the Comprehensive Plan as having the potential for
development for uses other than permitted in the R-1 District, which other uses
shall be permitted only after rezoning pursuant to Subsection 850.04 of this Section.
850-3 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.03
Subd. 2 Interpretation. The provisions of this Section shall be the minimum
requirements for the promotion of the public health, safety, morals and general welfare. It
is not the intention of this Section to interfere with, abrogate or annul any covenant or
agreement between parties. Where this Section imposes greater restrictions than any other
applicable statute, ordinance, rule or regulation, this Section shall control when and to the
extent allowed by State law. Where any other applicable statute, ordinance, rule or
regulation, including, without limitation, as to Subsection 850.21, those of the Minnehaha
Creek Watershed District and the Nine Mile Creek Watershed District, and the Minnesota
Department of Natural Resources, imposes greater restrictions than this Section, such
other statute, ordinance, rule or regulation shall control. The section, subsection and
paragraph headings are for reference only, and shall not be used to interpret, enlarge or
detract from the provisions of this Section. Any use not specifically allowed by this
Section in a district as a principal, accessory or conditional use, shall not be allowed or
permitted in that district by implication, interpretation or other construction of, or meaning
given to, the wording of this Section.
Subd. 3 Definitions. The following words, terms and phrases, as used herein, have
the following meanings:
Accessory Building. A separate building or structure or a portion of a principal
building or structure used for accessory uses.
Accessory Use. A use allowed by this Section which is subordinate to the principal
use in terms of purpose, scope and extent and is located on the same lot as the
principal use.
Adult Body Painting Studio. An establishment or business which provides the
service of applying paint or other substance, whether transparent or non-
transparent, to or on the body of a patron when such body is wholly or partially
nude in terms of Specified Anatomical Areas.
Adult Bookstore. An establishment or business which barters, rents or sells items
consisting of printed matter, pictures, slides, records, audio tape, videotape, or
motion picture film and either alone or when combined with Adult Motion Picture
Rental or Sales and Adult Novelty Sales within the same business premises has
either 10 percent or more of its stock in trade or 10 percent or more of its floor area
containing items which are distinguished or characterized by an emphasis on the
depiction or description of Specified Sexual Activities or Specified Anatomical
Areas.
Adult Cabaret. An establishment or business which provides dancing or other live
entertainment, if such dancing or other live entertainment is distinguished or
characterized by an emphasis on the presentation, display, depiction or description
of Specified Sexual Activities or Specified Anatomical Areas.
Adult Companionship Establishment. An establishment or business which
provides the service of engaging in or listening to conversation, talk or discussion
between an employee of the establishment and a customer, if such service is
distinguished or characterized by an emphasis on Specified Sexual Activities or
Specified Anatomical Areas.
850-4 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.03
Adult Conversation/Rap Parlor. An establishment or business which provides the
service of engaging in or listening to conversation, talk, or discussion, if such
service is distinguished or characterized by an emphasis on Specified Sexual
Activities or Specified Anatomical Areas.
Adult Health/Sport Club. An establishment or business which excludes minors by
reason of age and is distinguished or characterized by an emphasis on Specified
Sexual Activities or Specified Anatomical Areas.
Adult Hotel or Motel. A hotel or motel from which minors are specifically
excluded from patronage and wherein material is presented which is distinguished
or characterized by an emphasis on matter depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Areas.
Adult Mini-Motion Picture Theater. A building or portion of a building with a
capacity for less than 50 persons used for presenting material distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas for observation by patrons therein.
Adult Modeling Studio. An establishment or business which provides to
customers, figure models who engage in Specified Sexual Activities or display
Specified Anatomical Areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers.
Adult Motion Picture Arcade. Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically or mechanically
controlled or operated still or motion picture machines, projectors or other image-
producing devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing Specified Sexual Activities
or Specified Anatomical Areas.
Adult Motion Picture Rental or Sales. An establishment or business which
barters, rents or sells videotapes or motion picture film and either alone or when
combined with Adult Bookstore or Adult Novelty Sales within the same business
premises has either 10 percent or more of its stock in trade or 10 percent or more of
its floor area containing items which are distinguished or characterized by an
emphasis on the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas.
Adult Motion Picture Theater. A building or portion of a building with a capacity
of 50 or more persons used for presenting material distinguished or characterized by
an emphasis on Specified Sexual Activities or Specified Anatomical Areas for
observation by patrons therein.
Adult Novelty Sales. An establishment or business which sells devices which
stimulate human genitals or devices which are designed for sexual stimulation and
either alone or when combined with Adult Bookstore and Adult Motion Picture
Rental or Sales has either 10 percent or more of its stock in trade or 10 percent or
more of its floor area containing such items and other items which are distinguished
850-5 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.03
or characterized by an emphasis on the depiction or description of Specified Sexual
Activities or Specified Anatomical Areas.
Adult Sauna/Bathhouse/Steam Room. An establishment or business which
excludes minors by reason of age and which provides a steam bath or heat bathing
room if the service provided by the sauna is distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas.
Alley. A public right of way less than 30 feet in width which is used or usable for a
public thoroughfare.
Alteration. A physical change in a building or structure that requires the issuance
of a building permit in accordance with Section 410 of this Code, but excluding
changes to mechanical equipment such as furnaces and boilers.
Apartment Building. A residential building having not less than three dwelling
units in a single building with at least one dwelling unit occupying a different story
or stories than other dwelling units in the same building.
Automobile Service Center. A principal building and its accessory buildings in
which batteries, tires, brakes, exhaust systems or other automobile parts are
repaired or replaced, including tune-ups, wheel balancing and alignment, but
excluding body and chassis repair, painting, engine rebuilding and any repair to
vehicles over two ton capacity. Gasoline and oil may be dispensed as an accessory
use.
Basement. A floor level of a building which is located partly or completely
underground.
Board. The Zoning Board of Appeals of the City established by this Section.
Building. Any structure used or intended for supporting or sheltering any use,
property or occupancy, and when the structure is divided by walls without
openings, each portion of the structure so separated shall be deemed a separate
building.
Building Coverage. The percentage of the lot area occupied by principal and
accessory buildings and structures, including without limitation, patios.
Building Height or Structure Height. The distance measured from the average
proposed ground elevation adjoining the building at the front building line to the top
of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the
roof directly above the highest wall of a shed roof, to the uppermost point on a
round or other arch-type roof, or to the average distance of the highest gable on a
pitched or hip roof. References in this Section to building height shall include and
mean structure height, and if the structure is other than a building, the height shall
be measured from said average proposed ground elevation to the highest point of the
structure.
Car Wash. A principal building which is equipped with a conveyor system and
other mechanical equipment and facilities for washing motor vehicles.
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City of Edina Land Use,Platting and Zoning 850.03
Car Wash - Accessory. An accessory building or part of a principal building
equipped with mechanical equipment and facilities (but not a conveyor system) for
washing motor vehicles and which is accessory to an automobile service center or
gas station. An accessory car wash shall be capable of servicing only one vehicle at
a time.
Club. A non-profit organization with bona fide members paying annual dues, which
owns, hires or leases a building, or portion, the use of which is restricted to
members and their guests.
Commission. The Planning Commission of the City.
Community Center. A building, or portion thereof, which houses public health
facilities, governmental offices and meeting rooms, social service facilities, meeting
rooms and facilities for civic and cultural organizations and groups, and publicly
sponsored recreational activities, or any combination, all of which are intended for
the use and benefit of residents of the City, and which is designated, by resolution
of the Council, as a community center.
Comprehensive Plan. Comprehensive Plan shall have the same meaning as in
Subsection 810.02 of this Code.
Conditional Use. A use which, though generally not suitable in a particular zoning
district, may, under some circumstances, and subject to conditions, be suitable in a
particular district. Conditional uses shall be allowed by this Section only pursuant to
the issuance of a conditional use permit.
Convalescent Home. A building or group of buildings licensed by the Minnesota
Department of Public Welfare for the care of children, the aged or infirm, or a
place of rest and care for those suffering physical or mental disorders. Hospitals,
clinics, maternity care homes, and other buildings or parts of buildings containing
surgical equipment are not included.
Counseling Service. A public or private organization which provides advice and
assistance concerning such matters as career objectives, chemical and alcohol abuse
and health problems. Counseling services do not include employment agencies,
attorneys' offices or uses which are typically located in business or professional
offices.
Curb Elevation. The average elevation of the constructed curb of the street along a
front lot line. Where there is no constructed curb, the Engineer shall establish the
curb elevation for purposes of this Section.
Day. A calendar day.
Day Care. A service providing care and supervision for part of a day for
individuals who are not residents of the principal building in which the service is
located.
Deck. A structure which is either freestanding or attached to a principal or
accessory building, constructed at grade or above grade, intended or designed for
850-7 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.03
use as outdoor living space and unenclosed by solid or non-solid walls or a roof.
Enclosures or covered areas such as gazebos, breezeways and porches which may
be integral to a deck shall be considered for setback purposes as accessory buildings
if the deck is freestanding, or as a part of the principal building if the deck is
attached to the principal building.
District. A geographic area or areas of the City sharing the same zoning
classification for which this Section establishes restrictions and requirements. A
district may be divided into subdistricts.
Drive-In. A principal or accessory use which sells or serves products or
merchandise to customers waiting in vehicles who then consume or use the product
or merchandise within the vehicle while on the lot occupied by the principal or
accessory use.
Drive-Through Facility. An accessory use which provides goods or services to
customers waiting in vehicles who then leave the lot to consume or utilize any
goods which may have been received. Employees of the principal use shall not leave
the confines of the principal or accessory building to dispense said goods or
services.
Dwelling Unit. One or more rooms connected together, but which is or are
separated from all other rooms in the same building, which room constitutes, or
rooms constitute, a separate, independent unit with facilities for cooking, sleeping
and eating, and used for residential occupancy. A room or rooms shall be deemed to
be a dwelling unit if it contains or they contain facilities for cooking, sleeping and
eating, if it or they can be separated from all other rooms in the same building, if
access can be gained without entering or passing through any living space of
another dwelling unit, and if it is or they are used for residential occupancy.
Efficiency Apartment. A dwelling unit consisting of one room exclusive of
bathroom, kitchen, hallway, closets or dining alcove directly adjoining the one
room.
Efficiency Dwelling Unit. See Efficiency Apartment.
Fence Height. The vertical distance measured from the finished grade to the
uppermost point of the fence panels. The grade at the fence line shall not be altered
in anyway that artificially increases the maximum permitted height of the fence.
The height of the fence may exceed the allowed height by a maximum of six inches
to accommodate drainage and uneven terrain. Posts may extend beyond the top of
any the fence by no more than twelve inches.
Floor Area Ratio (FAR). Gross floor area divided by lot area.
Frontage. That portion of a lot line which coincides with the right-of-way line of a
street.
Garage - Accessory. An accessory building or portion of a principal building which
is principally used for the storage of motor vehicles owned by the occupants of the
principal building.
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City of Edina Land Use,Platting and Zoning 850.03
Garage - Repair. A principal building used for the repair of motor vehicles or the
storage, for a fee, of motor vehicles for periods exceeding 24 hours.
Gas Station. A principal building and its accessory structures used for the sale of
motor fuels and oils, where automotive accessories and convenience goods may be
sold, but where repair and servicing of motor vehicles does not occur; provided,
however, that an accessory car wash is permitted. If repair or servicing is provided,
the use shall be classified as an automobile service center.
Gross Floor Area (GFA). The sum of the horizontal areas of all the floors of a
building as measured from (i) the exterior faces of the exterior walls; (ii) the
exterior window line of the exterior walls in the case of a building with recessed
windows, or (iii) the center line of any party wall separating two buildings. Gross
floor area includes basements, hallways, interior balconies and mezzanines,
enclosed porches, breezeways and accessory buildings not used for parking. Gross
floor area does not include accessory garages, parking ramps, parking garages,
areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms,
elevator shafts or stairwells. Use of the phrase "floor area," in this Section shall
mean "gross floor area" as herein defined, unless otherwise specifically stated.
Half Story. The uppermost floor of a building in which (i) the intersection of the
exterior wall and the roof is not more than three feet above the floor elevation, and
(ii) not more than 60 percent of the floor's area exceeds five feet in height as
measured from the floor to the rafters. Floors not meeting this definition shall be
deemed a story.
Helistop. An area, either at ground level or elevated on a structure, used for
landing and takeoff of helicopters.
Hotel. A building, or group of buildings, which, in whole or in part, contains
rooms used for sleeping or transient occupancy.
Lodge Hall. A hall for, or meeting place of, the members of a local branch of a
fraternal order or society, such as the Masons, Knights of Columbus, Moose,
American Legion and other similar organizations.
Lot. The basic development unit for purposes of this Section. A lot may consist of
one parcel or two or more adjoining parcels under single ownership or control, and
used for a principal use and accessory uses allowed by this Section. A lot, except
lots in a townhouse plat, must have at least 30 feet frontage on a street other than at
limited access freeway.
Lot Area. The area within the lot lines exclusive of land located below the ordinary
high water elevation of lakes, ponds and streams.
Lot - Corner. A lot at the junction of and abutting on two or more intersecting
streets, or at the point of deflection in alignment of a single street, the interior angle
of which does not exceed 135 degrees.
Lot Depth. The horizontal distance between the midpoint of the front lot line and
the midpoint of the rear lot line. The greater frontage of a corner lot is its depth and
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City of Edina Land Use, Platting and Zoning 850.03
the lesser frontage is its width.
Lot - Interior. A lot other than a corner lot.
Lot Line - Front. The boundary of a lot having frontage on a street. The owner of
a corner lot may select either frontage as the front lot line.
Lot Line Interior. Any boundary of a lot not having frontage on a street.
Lot Line - Rear. The boundary of a lot which is most distant from, and
approximately parallel with, the front lot line.
Lot Line - Side. Any boundary of a lot which is not a front or rear lot line.
Lot - Through. An interior lot having frontage on two streets.
i
Lot Width. The horizontal distance between side lot lines measured at right angles
to the line establishing the lot depth at a point of 50 feet from the front lot line.
Lot Width to Perimeter Ratio. The lot width divided by the perimeter of the lot.
Motel. See Hotel.
Motor Hotel. See Hotel.
Multi-Residential Use. A residential use permitted in the Planned Residence
District and the Mixed Development District.
Non-Conforming Building. A building or structure which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section or any amendment thereto, but which was lawfully existing as of the date of
its construction or placement.
Non-Conforming Lot. A lot which does not meet the requirements of the zoning
district in which it is located, or of Section 810 of this Code, due to the enactment
of this Section, or of Section 810 of this Code, or any amendments to either, but
which met all such requirements as of the date the lot was established or created of
record.
Non-Conforming Use. A principal or accessory use which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section, or any amendment hereto, but which was a lawful use as of the date it was
first commenced.
Non-Profit Organization. An organization which is qualified for tax exemption
under §§501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended.
Nursing Home. See Convalescent Home.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision as an
outlot.
Parcel. A unit of land with fixed boundaries described by lot and block and
reference to a recorded plat approved by the duly adopted resolution of the Council,
850-10 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.03
or by a metes and bounds, or other, description. A parcel may or may not be a lot
as defined in this Section.
Parking Garage. A building which is totally enclosed by walls and a roof, and
containing one or more levels for the parking of vehicles.
Parking Ramp. A structure which is not totally enclosed, containing one or more
levels for the parking of vehicles.
Patio. A portion of a lot which is improved with a surfacing material including, but
not limited to, concrete, asphalt or decorative bricks, which is intended or designed
for use as outdoor living space and is not enclosed by solid or non-solid walls or a
roof. Enclosures or covered areas such as gazebos, breezeways and porches which
may be integral to a patio will be considered, for setback purposes, as accessory
buildings if the patio is freestanding or is part of the principal building, if the patio
is contiguous with the principal building.
Principal Building. A building which is used for principal uses including enclosed
seasonal living areas such as porches and breezeways which are attached to the
principal building.
Residential Building. A building used for residential purposes or residential
occupancy.
Residential Occupancy. The use of a room or rooms for housekeeping purposes by
the owner of the property, or by a lessee or occupant, for periods of 30 days or
more for a rental fee, or other compensation, or pursuant to other arrangements
with the owner.
Residential Use. See Residential Occupancy.
Rest Home. See Convalescent Home.
Senior Citizen Dwelling Unit. (i) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 650 square feet, and specifically designed for
occupancy by a single individual 62 years of age or over, or two individuals, one of
whom is 62 years of age or over; (ii) A one bedroom dwelling unit within an
apartment building with a kitchen, bathroom, living and storage space, of not less
than 550 square feet nor more than 700 square feet, and specifically designed for
occupancy by a handicapped individual; or (iii) A two bedroom dwelling unit within
an apartment building with a kitchen, bathroom, living and storage space, of not
less than 750 square feet nor more than 850 square feet, and specifically designed
for occupancy by a single individual 62 years of age or over, or two individuals,
one of whom is 62 years of age or over.
Setback - Front Street. The shortest horizontal distance from the forward most
point of a building or structure to the nearest point on the front lot line.
Setback - Interior Side Yard. The shortest horizontal distance from any part of a
building or structure to the nearest point on an interior side lot line.
850-11 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.03
Setback - Rear Yard. The shortest horizontal distance from any part of a building
or structure to the nearest point on a rear lot line.
Setback - Side Street. The shortest horizontal distance from any part of a building
or structure to the nearest point on a side lot line that adjoins a street.
I
Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters,
adult motion picture rental, adult mini-motion picture theaters, adult steam
room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult
hotels/motels, and adult body painting studios as herein defined. In addition, all
other premises, enterprises, establishments, businesses or places at or in which
there is an emphasis on the presentation, display, depiction or description of
Specified Sexual Activity or Specified Anatomical Areas which are capable of being
seen by members of the public. The term "sexually-oriented businesses" shall not be
construed to include; (i) schools or professional offices of licensed physicians,
chiropractors, psychologists, physical therapists, teachers or similar licensed
professionals performing functions authorized under the licenses held; (ii)
establishments or businesses operated by or employing licensed cosmetologists or
barbers performing functions authorized under licenses held; (iii) businesses or
individuals licensed in accordance with Section 1340 of this Code, or (iv) the sale of
clothing.
Shopping Center. A group of unified commercial establishments located on a
single tract, permitted in the PCD-1, PCD-2 and PCD-3 Districts, composed of not
fewer than six separate and distinct business entities which are located in one or
more buildings comprising not less than 25,000 square feet of gross floor area, and
which share joint use of parking facilities, pedestrian ways, landscaping, traffic
circulation and other amenities, in accordance with and pursuant to a joint use
agreement, in form and substance acceptable to the Planner and Engineer, duly
signed and delivered by all owners and encumbrances of the shopping center, and
duly recorded in the proper office to give constructive notice.
Specified Anatomical Areas. (i) Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female breast(s) below a point immediately
above the top of the areola; or; (ii) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Specified Sexual Activities. (i) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the context of a sexual
relationship, or the use of excretory functions in the context of a sexual
relationship, and any of the following sexually-oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals
in the state of sexual stimulation, arousal or tumescence; or; (iii) Use of human or
animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or; (iv)
Fondling or touching of nude human genitals, pubic region, buttock, or female
850-12 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.03
breast(s); or, (v) Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing costumes, and who are engaged in
activities involving the flagellation, torture, fettering, binding or other physical
restraint of any such persons; or, (vi) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a human being; or, (vii) Human
excretion, urination, menstruation, vaginal or anal irrigation.
Story. That portion of a building included between the surface of any floor and the
surface of the floor next above, or if there is not a floor above, the space between
the floor and the ceiling above. A basement with more than 50 percent of its
exterior wall area located entirely below the proposed ground elevation adjoining
the basement shall not be counted as a story.
Street. A public right-of-way 30 feet or more in width which is used or usable as a
public thoroughfare. All references in this Section to measurements to or along a
street shall mean to and along the public right-of-way and not to the improved or
traveled portion of such right-of-way.
Structure. Anything built or constructed, an edifice or building of any kind, or any
piece of work composed of parts joined together in some definite manner, and
including, without limitation, towers, poles and fences except parking lots and
driveways.
Suites Hotel. A hotel in which at least 80 percent of the guest rooms are two-room
suites containing at least 400 square feet of gross floor area.
Swimming Pool. A constructed pool, used for swimming or bathing, with a water
surface area exceeding 100 square feet. The term shall also include the deck area
required by this Code and any equipment appurtenant to the pool.
Townhouse. A dwelling unit attached to other dwelling units by common walls,
side by side, extending from the foundation to the roof and without any portion of
one dwelling unit located above any portion of another dwelling unit, and with each
dwelling unit having a separate entrance from outside the building. Buildings with
distinct, separate spaces, or designed for distinct, separate spaces, for office,
commercial or industrial uses, in a manner similar to a residential townhouse
described above, shall be deemed townhouses for purposes of this Section.
Townhouse Plat. The subdivision, by recorded plat approved by duly adopted
resolution of the Council, whereby all lot lines are coterminous, or nearly so, with
the boundaries of the foundation of each building, and the area of the land lying
outside of the lots and within the subdivision is described as an outlot which is
owned by an association of owners of the lots in the townhouse plat.
Tract. One or more adjoining lots, not separated by streets, under common
ownership, located within the same zoning subdistrict, and used for an integrated
development.
Transient-Occupancy. The use of a room or rooms for sleeping, cooking or eating,
in a residential manner, for periods of less than 30 days and for a rental fee, or
other compensation, or pursuant to other arrangements with the owner, lessee or
850-13 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
occupant of the premises.
Yard - Front. An open, unoccupied space on the same lot as a building, which lies
between the building and the front lot line, and extends from side lot line to side lot
line.
Yard - Rear. An open, unoccupied space on the same lot as a building, which lies
between the building and the rear lot line, and extends from side lot line to side lot
line. Some accessory buildings may be placed in the rear yard.
Yard - Side. An open, unoccupied space on the same lot as a building, which lies
between the building and the side lot line, and extends from the front lot line to the
rear lot line. Some accessory buildings may be placed in the side yard. j
Year. A period of 365 consecutive days.
850.04 Administration and Procedures for Variances, Rezoning, Transfer to Planned
Districts and Conditional Use Permits.
Subd. 1 Variances and Appeals.
A. Zoning Board of Appeals. There is continued a separate Zoning Board of
Appeals of the City. The Zoning Board of Appeals is the board of appeals and
adjustments created pursuant to M.S. 462.354, Subd. 2. All members of the.
Commission, from time to time, shall be members, and the other members shall be
six residents of the City appointed for a term of three years by the Mayor with the
consent of a majority of the members of the Council. For hearings, the Board shall
consist, at a maximum, of any five members, but three members shall constitute a
quorum for conducting such hearings and making decisions. However, at least one
Commission member shall be in attendance at each Board meeting, and shall be
deemed to be the representative of the Commission for purposes of review and
report by the Commission as required by M.S. 462.354, Subd. 2. The Board shall
make no decision until the Commission, or a representative of it, has had reasonable
opportunity, not to exceed 60 days, to review and report to the Board concerning
the decision. All members shall serve without compensation. Members may resign
voluntarily or be removed by a majority vote of the Council or pursuant to Section
180 of this Code. That Commission member in attendance at a meeting who has the
then longest continuous service on the Commission shall be the Chair for that
meeting. The Board shall adopt such bylaws as shall be necessary or desirable for
conduct of its business. Staff services shall be provided by the Planning
Department. Board members who discontinue legal residency in the City shall be
automatically removed from office effective as of the date of such discontinuance.
Vacancies shall be filled pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the power and duty of
hearing and deciding, subject to appeal to the Council, the following matters:
1. Requests for variances from the literal provisions of this Section.
2. Appeals in which it is alleged that there is an error in any order,
850-14 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
requirement, decision or determination made by an administrative officer in
the interpretation or enforcement of this Section; and
3. Requests for variances from the literal provisions of Section 1046 of this
Code.
4. Requests for modifications form the requirements of Section 815 of this
Code.
C. Petitions for Variances. The owner or owners of land to which the variance
relates may file a petition for a variance with the Planning Department. The petition
shall be made on forms provided by the Planning Department and shall be
accompanied by the fee set forth in Section 185 of this Code. The petition shall be
accompanied by plans and drawings to scale which clearly illustrate, to the
satisfaction of the Planner, the improvements to be made if the variance is granted.
The Planner may require the petitioner to submit a certificate by a registered
professional land surveyor verifying the location of all buildings, setbacks and
building coverage, and certifying other facts that in the opinion of the Planner are
necessary for evaluation of the petition.
D. Appeals of Administrative Decisions. A person who deems himself or herself
aggrieved by an alleged error in any order, requirement, decision or determination
made by an administrative officer in the interpretation and enforcement of this
Section, may appeal to the Board by filing a written appeal with the Planning
Department within 30 days after the date of such order, requirement, decision or
determination. The appeal shall fully state the order to be appealed and the relevant
facts of the matter.
E. Hearing and Decision by the Board; Notice.
1. Within 60 days after the Planner determines that a variance petition is
complete, and all required fees and information, including plans, drawings and
surveys, have been received, or within 60 days after the filing of an appeal of
an administrative decision, the Board shall conduct a public hearing and after
hearing the oral and written views of all interested persons, the Board shall
make its decision at the same meeting or at a specified future meeting.
2. Notice of variance hearings shall be mailed not less than ten days before
the date of the hearing to the person who filed the petition for variance and to
each owner of property situated wholly or partially within 200 feet of the
property to which the variance relates insofar as the names and addresses of
such owners can be reasonably determined by the Clerk from records
maintained by the Assessor.
3. A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten days before the
hearing. A notice shall also be mailed to the appellant.
4. No new notice need be given for any hearing which is continued by the
Board to a specified future date.
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City of Edina Land Use,Platting and Zoning 850.04
F. Findings For Variances. The Board shall not grant a petition for a variance
unless it finds that the strict enforcement of this Section would cause undue hardship
because of circumstances unique to the petitioner's property and that the grant of
said variance is in keeping with the spirit and intent of this Section. "Undue
hardship" means that (i) the property in question cannot be put to a reasonable use
as allowed by this Section; (ii) the plight of the petitioner is due to circumstances
unique to the petitioner's property which were not created by the petitioner; and (iii)
the variance, if granted, will not alter the essential character of the property or its
surroundings. Economic considerations alone shall not constitute an undue hardship
if reasonable use for the petitioner's property exists under the terms of this Section.
A favorable vote by the Board shall be deemed to include a favorable finding on
each of the foregoing matters even if not specifically set out in the approval
resolution or the minutes of the Board meeting.
G. Appeals from Decisions of the Board.
1. The following individuals may appeal a decision of the Board:
a. any petitioner for a variance;
b. any owner to whom notice of the variance hearing is required to be
mailed pursuant to this Section;
c. the appellant in the case of an appeal of an administrative decision;
d. any person who deems to be aggrieved by the Board's decision on
the appeal of an administrative decision; and
e. any administrative officer of the City.
2. An appeal from a decision of the Board shall be filed with the Clerk no
later than ten days after the decision by the Board. If not so filed, the right of
appeal shall be deemed waived, and the decision of the Board shall be final.
H. Hearing and Decision by Council. The Council shall hear and decide all appeals
from the decisions of the Board. The appeal shall be heard not later than 60 days
after the date the appeal is filed. The Council shall follow the same procedures as to
notices, hearings, findings for variances and decisions that the Board is required to
follow relative to the subject matter of the appeal pursuant to this Section. A
favorable vote by the Council shall be deemed to include a favorable finding on
each of the required findings even if not specifically set out in the approval
resolution or the minutes of the Council meeting.
I. Conditions on Variance Approvals. In granting a variance, the Board, or the
Council on appeal, may impose conditions to ensure compliance with the purpose
and intent of this Code and to protect adjacent properties.
J. Form of Action Taken and Record. The Board, or the Council on appeal, shall
maintain a record of its proceedings which shall include the minutes of its meetings
and final order concerning the variance petition or appeal of administrative
decision. If a variance is granted, the petitioner, at the petitioner's expense, shall
850-16 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.04
duly record the final order in the proper office to give constructive notice. A
verified copy of such order, with the recording data, shall be delivered to the
Planner. The Board, or the Council on appeal, may require such order to be
recorded and such verified copy to be delivered to the Planner before the variance
shall be effective.
K. Lapse of Variance By Non-User, Extension of Time.
1. If, within one year after the date of the meeting of the Board, or the
Council on appeal, at which the variance was granted, the owner or occupant
of the affected land shall not have obtained a building permit, if one is
required, and commenced the work or improvement described in such petition,
the variance shall become null and void unless a petition for extension of time
in which to commence the proposed work or improvement has been granted.
2. A petition for extension shall be in writing and filed with the Clerk within
such one year period. The petition for extension shall state facts showing a
good faith attempt to use the variance and shall state the additional time
requested to begin the proposed work or improvement. The petition shall be
presented to the Board for hearing, findings and decision in the same manner
as then required by this Section 850 for an original petition for variance. The
Board may grant an extension of the variance for up to one year upon finding
that a good faith attempt to use the variance has been made, that there is a
reasonable expectation that the variance will be used during the extension, that
speculation will thereby not be fostered, and that the facts and circumstances
under which the original variance was granted are not materially changed.
Subd. 2 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner of land proposed for
transfer to another district or subdistrict, the Council or the Commission.
2. A petition by an owner shall be on forms provided by the Planner, shall be
submitted with plans, data and information required by this Section, and such
other information that the Planner believes necessary for evaluation of the
petition. The petition shall be accompanied by the fee set forth in Section 185
of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at least one
sign per street frontage on the land described in the petition. The sign or signs shall
be of a design approved by the Planner, shall be 36 inches by 60 inches in size,
shall have letters at least four inches high using Helvetica medium typeface or other
letter style approved by the Planner, shall be constructed of sturdy material, shall be
neatly lettered, and shall be easily viewable from, and readable by persons on, the
adjoining street. The sign or signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
850-17 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
Telephone No. 927-8861"
The petition shall not be deemed filed and the Commission shall not be required to
hold any hearings on the petition until the sign has been erected as required and for
at least ten days preceding the hearing. The sign shall be kept in good repair and
shall be maintained in place until a final decision on the petition has been made by
the Council, and shall be removed by the petitioner within five days after the final
decision. The failure of any petitioner to comply fully with the provisions of this
paragraph relating to the sign shall not prevent the Commission and Council from
acting on the petition nor invalidate any rezoning granted by the Council. If the
signs are not kept in good repair or removed as required, then the signs shall be
deemed a nuisance and may be abated by the City by proceedings under M.S. 429,
or any other then applicable provisions of this Code or State Law, and the cost of
abatement, including administrative expenses and attorneys' fees, may be levied as a
special assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned
Industrial District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any existing structures, easements,
water bodies, water courses and flood plains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls
and truck loading facilities; and
e. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable sections of this Code.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
850-18 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
3. Council Hearings and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition and Preliminary Development Plan. The hearing
shall be held not later than 60 days after the date of the recommendation by the
Commission. A notice of the date, time, place and purpose of the hearing shall
be published in the official newspaper of the City at least ten days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated wholly
or partly within 500 feet of the tract to which the petition relates insofar as the
names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After hearing the oral or written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date. No new notice need be given for hearings, which are continued by the
Council to a specified future date. An affirmative vote of three-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. Provided, however, a rezoning from any residential zoning district
to any nonresidential zoning district shall require an affirmative vote of four-
fifths of all members of the Council. If preliminary rezoning approval is
granted, the petitioner may prepare a Final Development Plan. In granting
preliminary rezoning approval, the Council may make modifications to the
Preliminary Development Plan and may impose conditions on its approval.
The petitioner shall include the modifications, and comply with the conditions,
in the Final Development Plan, or at another time and by other documents, as
the Council may require or as shall be appropriate."
4. Final Development Plan. The Final Development Plan shall include all
required information and data delineated on the Preliminary Development Plan
and, in addition, the following data and information:
a. exact location and elevation drawings of all existing and proposed
structures on the tract including a description of existing and proposed
exterior building materials;
b. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
c. a landscape plan and schedule in accordance with Subsection
850.10;
850-19 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.04
d. a general overall grading plan indicating final grades and the
direction and destination of surface drainage;
e. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements; and
f. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with this Section and other applicable
provisions of this Code.
5. Commission Review of Final Development Plan. The Final Development
Plan shall be in form and substance acceptable to the Planner. The
Commission shall review the Final Development Plan within 45 days of its
submission and shall recommend approval by the Council upon finding that the
proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the
Final Development Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Final Rezoning. Within 60 days after the
recommendation on the Final Development Plan by the Commission, the
Council shall conduct a public hearing on the Final Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Final Development Plan. An affirmative vote of
three-fifths of all members of the Council shall be required to grant final
rezoning approval. Provided, however, a rezoning from any residential
850-20 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
zoning district to any nonresidential zoning district shall require an affirmative
vote of four-fifths of all members of the Council. Approval may be made
subject to modifications and conditions which, together with the Council's
modifications and conditions at the time of preliminary rezoning approval and
not done and fulfilled by the Final Development Plan, must be fulfilled and
met, to the satisfaction of the Planner, before the final approval becomes
effective. Approval of the Final Development Plan shall also constitute final
rezoning of the tract included in the plans, and the publication of the ordinance
amendment effecting the zoning change shall thereby be authorized, but no
publication shall be done until any modifications and conditions made by the
Council have been met and fulfilled to the satisfaction of the Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as final rezoning approval.
8. Filing. The approved Final Development Plan shall be filed in the Planning
Department.
9. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planning
Department prior to issuance of such permits to determine if they conform to
the provisions of this Section, the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and other
applicable provisions of this Code.
10. Changes to Approved Final Development Plan. Minor changes in the
location and placement of buildings or other improvements due to unforeseen
circumstances may be authorized by the Planner. Proposed changes to the
approved Final Development Plan affecting structural types, building
coverage, mass, intensity or height, allocation of open space and all other
changes which affect the overall design of the property shall be acted on,
reviewed and processed by the Commission and Council in the same manner
as they reviewed and processed the Final Development Plan, except that a
three-fifths favorable vote of the Council shall be required to authorize the
proposed change.
11. Lapse of Approved Final Development Plan by Non-User; Extension of
Time.
a. If a building permit has not been obtained, and if erection or alteration
of a building, as described in the application for final development plan, has
not begun within two years after final development plan approval, the
approval shall be null and void unless a petition for extension of time in
which to commence the proposed work or improvements has been granted.
b. A petition for extension shall be made in writing and filed with the City
850-21 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.04
Clerk within such two year period. The petition shall state reasons showing
why a building permit has not been obtained, or why erection or alterations
have not commenced, and shall state the additional time requested to begin
the proposed work or improvement. The petition shall be presented to the
Council for hearing and decision in the same manner as then required for an
original application. The Council may grant an extension of up to one year
upon finding that:
i. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
ii. the facts which were the basis for approving the final development
plan have not materially changed. No more than one extension shall be
granted.
D. Procedure for Rezoning to Mixed Development District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any of its existing structures,
easements, water bodies, watercourses and floodplains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the general location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls;
e. a traffic impact analysis, and travel demand management plan for
projects proposed for rezoning to MDD-5 District or MDD-6 District
(analysis and plan shall be separate documents delivered with the
Preliminary Development Plan); and
f. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable provisions of this Code.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
850-22 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.04
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
rec mmendation to the Council.
3. Co ncil Hearing and Decision; Preliminary Zoning Approval. Upon request
of the anner, Manager or petitioner, and after review and recommendation
by the Co ission, the Council shall conduct a public hearing regarding the
petition and preliminary Development Plan. The hearing shall be held not later
than 60 days after the date of the recommendation by the Commission. A
\ notice of the date; time, place and purpose of the hearing shall be published in
Ithe official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days before the
date of the hearing to each owner of property situated wholly or partly within
500 feet of the tract to which the petition relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor. After hearing the oral or written views of
all interested persons, the Council shall make its decision at the same meeting
or at a specified future date. No new notice need be given for hearings which
are continued by the Council to a specified future date. An affirmative vote of
4 three-fifths of all members of the Council shall be required to grant
preliminary rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. If preliminary
rezoning approval is granted, the petitioner may prepare an Overall
Develop ent Plan for final rezoning approval. In granting preliminary
rezoni g approval, the Council may make modifications to the Preliminary
Dev opment Plan and may impose conditions on its approval. The petitioner
r shal include such modifications, and comply with such conditions, in the
Overall Development Plan, or at such other time and by such other documents,
as the Council may require or as shall be appropriate.
- Council Hearing and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and recommendation
by the Commission, the Council shall conduct a public hearing regarding the
petition and Preliminary Development Plan. The hearing shall be held not later
than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in
the official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days before the
date of the hearing to each owner of property situated wholly or partly within
500 feet of the tract to which the petition relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor. After hearing the oral or written views of
all interested persons, the Council shall make its decision at the same meeting
or at a specified future date. No new notice need be given for hearings which
are continued by the Council to a specified future date. An affirmative vote of
four-fifths of all members of the Council shall be required to grant preliminary
approval. If preliminary rezoning approval is granted, the petitioner may
850-23 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
prepare an Overall Development Plan for final rezoning approval. In granting
preliminary rezoning approval, the Council may make modifications to the
Preliminary Development Plan and may impose conditions on its approval.
The petitioner shall include such modifications, and comply with such
conditions, in the Overall Development Plan, or at such other time and by
such other documents, as the Council may require or as shall be appropriate.
Overall Development Plan. Multiple phase developments shall be subject to
Overall Development Plan review and action and also to Final Site Plan review
and action in separate proceedings as provided. Single phase developments
shall be subject to Overall Development Plan and Final Site Plan review and
action in one proceeding. All information required in Overall Development
Plan review and action and for Final Site Plan review and action shall be
included and provided with action for Overall Development Plan review. The
Overall Development Plan shall include all required information and data
delineated on the Preliminary Development Plan and, in addition, the
following data and information:
a. a site plan illustrating the approximate location and maximum
height of all existing and proposed structures on the tract;
b. the schematic design features of all proposed streets, driveways,
vehicular entrances and exits, driveway intersections with streets,
parking areas, maneuvering areas and sidewalks;
c. a landscape concept plan;
d. a general overall grading plan indicating grades and the direction
and destination of surface drainage;
e. location of all existing, and the schematic design of all proposed,
watermains, sanitary sewers, drainage facilities and storm sewers;
f. a phasing plan identifying the public and private elements and
components of each phase and approximate timing of each phase; and
g. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with the requirements of this Section and
other applicable provisions of this Code.
5. Commission Review of Overall Development Plan. Within 45 days after
submission of the Overall Development Plan in form and substance acceptable
to the Planner, the Commission shall review the Overall Development Plan
and shall recommend approval by the Council upon finding that the proposed
development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and containing the conditions imposed by
850-24 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
the Council to the extent such conditions can be complied with by the
Overall Development Plan;
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
The Commission's recommendation of approval shall be deemed to include a
favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Overall Rezoning. Within 60 days after the
recommendation on the Overall Development Plan by the Commission, the
Council shall conduct a public hearing on the Overall Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Overall Development Plan. Final approval shall
require a four-fifths favorable vote of all members of the Council. Approval
may be made subject to modifications and conditions which, together with the
Council's modifications and conditions at the time of preliminary rezoning
approval and not done and fulfilled by the Overall Development Plan, must be
fulfilled and met, to the satisfaction of the Planner, before the final approval
becomes effective.
Approval of the Overall Development Plan shall also constitute final rezoning
of the tract included in the plans. The publication of the amendment effecting
the zoning change shall thereby be authorized, but no final rezoning or
publication shall be effective or done until the modifications and conditions, if
any, made by the Council have been met and fulfilled to the satisfaction of the
Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as Final Site Plan approval or Overall Rezoning
approval.
8. Filing. The approved Overall Development Plan and approved Final Site
Plan shall be filed in the Planning Department.
9. Final Site Plan Approval. Multiple phase developments shall be subject to
Final Site Plan review and action by the Commission and Council in the same
manner as they review and act on the Overall Development Plan, except that a
850-25 Supplement 2004-01
i
City of Edina Land Use, Platting and Zoning 850.04
three-fifths favorable vote of the Council shall be required for approval. Single
phase developments shall include all information required for Final Site Plan
approval at the time of Overall Development Plan review. Overall
Development Plan approval shall also constitute Final Site Plan approval.
Final Site Plan approval shall include all required information and data
delineated on the Overall Development Plan and, in addition, the following
data and information:
a. the exact location and elevation drawings of all existing and
proposed structures in the proposed phase including a description of
existing and proposed exterior building materials;
b. a landscape plan and schedule in accordance with Subsection j
850.10;
c. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
d. location of all existing, and preliminary layout and design of all
I
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements;
e. any other information necessary, in the opinion of the Planner, to
evaluate the plans and ensure compliance with requirements of this
Section and other applicable sections of this Code; and
f. demonstrate that the Final Site Plan shall be consistent with the
Overall Development Plan as approved and modified by the Council
and containing the conditions imposed by the Council to the extent
such conditions can be complied with by the Final Site Plans.
10. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planner prior to
issuance of such permits to determine if they conform to the provisions of this
Section, the approved Final Site Plan, as modified by, and with the conditions
made by, the Council, and other applicable sections of this Code.
11. Changes to Approved Overall Development Plan and Final Site Plan.
Minor changes in the location and placement of buildings or other
improvements due to unforeseen circumstances may be authorized by the
Planner. Proposed changes to the approved Overall Development Plan or Final
Site Plan affecting structural types, building location, building coverage, mass
intensity or height, allocation of open space and all other changes which affect
850-26 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
the overall design of the property shall be acted on, reviewed and processed by
the Commission and Council in the same manner as they reviewed and
processed the Final Site Plan.
E. Procedure for Rezoning to Single Dwelling Unit District, Double Dwelling Unit
District and Automobile Parking District.
1. Commission Review. Within 45 days after receipt by the Planner of the
petition, in form and substance acceptable to the Planner, and required fee, the
Planner will review the petition and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
2. Council Hearing and Decision; Preliminary Rezoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition. The hearing shall be held not later than 60 days
after the date of the recommendation by the Commission. A notice of the date,
time, place and purpose of the hearing shall be published in the official
newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of
the tract to which the petition relates, insofar as the names and addresses of
such owners can reasonably be determined by the Clerk from records
maintained by the Assessor. After hearing the oral and written views of all
interested persons, the Council shall make its decision at the same meeting or
at a specified future date. No new notice need be given for hearings which are
continued to a specified future date. An affirmative vote of three-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. Provided, however, a rezoning from any residential zoning district
to any nonresidential zoning district shall require an affirmative vote of four-
fifths of all members of the Council. In granting preliminary rezoning
approval, the Council may make modifications to, and impose conditions on,
the proposed rezoning.
3. Final Rezoning Approval. Upon request of the Planner, Manager or
petitioner, after preliminary rezoning approval has been granted and after the
modifications and conditions made and imposed by the Council have been met
and fulfilled to the satisfaction of the Planner, the Council shall place the
petition on its agenda and shall consider final rezoning approval. An
affirmative vote of three-fifths of all members of the Council shall be required
to grant final rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. Final rezoning
approval shall include authorization to publish the amendment effecting the
zoning change. Approval may be made subject to modifications and conditions
which must be fulfilled and met, to the satisfaction of the Planner, before the
final approval becomes effective and before the amendment is published.
850-27 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
F. One Year Limitation on Preliminary Rezoning Approval. Any petition which
has not been granted final rezoning approval by the Council within one year after
the date it received preliminary approval, shall be deemed rejected by the Council
and the petition must again be filed, processed and approved pursuant to this
Section as if it were a new petition.
G. Restriction on Rezoning After Denial of Petition. After the Council has denied a
petition for rezoning, the owner of the tract to which the petition related may not
file a new petition for a period of one year following the date of such denial for
transferring the same tract, or any part, to the same district or subdistrict (if the
district has been divided into subdistricts) to which such transfer was previously
denied. Provided, however, that such petition may be filed if so directed by the
Council on a three-fifths favorable vote of all members of the Council after
presentation to the Council of evidence of a change of facts or circumstances
affecting the tract.
H. Lapse of Rezoning by Non-User. If a building permit (if one is required) has not
been obtained, and if the erection or alteration of a building, as described in the
petition, has not begun, within two years after final rezoning approval of the tract
by the Council, then the Commission, at any time and until the building permit is
obtained and the erection or alteration begun, may review the zoning classification
of the tract to determine if it continues to conform with the Comprehensive Plan.
Based upon the review, the Commission may recommend to the Council that the
final rezoning approval of the tract as previously granted be rescinded and become
null and void, or that the tract be transferred to a different zoning district. The
recommendation of the Commission shall be presented to the Council for hearing
and decision, and notice shall be given in the same manner as is then required for an
original petition for rezoning as provided by this Section. The Council may accept
or reject the recommendation of the Commission and rescind the previously granted
final rezoning approval, transfer the tract to a different zoning district, or reaffirm
the final rezoning approval previously granted.
Subd. 3 Transfer to Planned Districts.
A. Improved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
improved with a building or buildings, shall not be required to comply with the
provisions of Subsection 850.04 relative to a transfer of that lot to the planned
district; provided that:
1. No new buildings shall be constructed on the lot which result in an
increase in gross floor area of all buildings on the lot by more than ten
percent;
2. No building existing on the lot as of March 7, 1984, shall be added to or
enlarged in gross floor area by more than ten percent;
3. No dwelling units shall be added; and
850-28 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.04
4. No such existing building, if damaged or destroyed by fire, wind,
earthquake, explosion or other casualty, shall be restored or repaired if the
cost of restoration or repair exceeds one-half of the fair market value of the
entire building on the date immediately prior to the date of such casualty (as
such cost and fair market value are determined by the Assessor, or other
person selected by the Manager); unless, in each case of 1., 2., 3., and 4.
above, the then owner or owners of the lot shall comply with and complete the
process for Final Development Plan approval established by Subparagraphs 4
through 10 of paragraph C. of Subd. 2 of this Subsection 850.04 and shall
conform to and comply with all other provisions of this Section; provided that
only three-fifths favorable vote of the Council shall be required to grant Final
Development Plan approval. The requirements of this paragraph are in
addition to those in Subd. 20 of Subsection 850.07 relating to non-conforming
uses, buildings and lots.
B. Unimproved Lots. Any lot transferred by this Section to a planned district,
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
not improved with a building or buildings shall be required, notwithstanding the
transfer to such district by this Section, in connection with any improvement of the
lot, to comply with and complete the process for Final Development Plan approval
established by subparagraphs 4 through 10 of paragraph C. of Subd. 2 of this
Subsection 850.04, and shall conform to and comply with all other provisions of
this Section, provided that only three-fifths favorable vote of the Council shall be
required to grant Final Development Plan approval.
Subd. 4 Conditional Use Permits.
A. Initiation of Conditional Use Permit.
An application for a conditional use permit may be initiated by the owner or
owners of the lot or building in question.
1. The application shall be on forms provided by the Planner and shall be
submitted with required plans, data and information, and such other
information as, in the opinion of the Planner, is necessary for evaluation of the
application. The application shall be accompanied by the fee set forth in
Section 185 of this Code.
B. Sign. All provisions and requirements in this Subsection relating to erection of a
sign in connection with a rezoning of property shall apply to the applicant for a
conditional use permit, and the applicant shall comply with all such provisions and
requirements, except that the sign shall state that a conditional use permit is
proposed for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or accessory
use that requires the construction of a new building or accessory use facilities,
850-29 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
or additions or enlargements to an existing building or accessory use facilities,
the application shall be drawn to a scale acceptable to the Planner, and be
accompanied by plans containing the following data and information:
a. elevation drawings of all new buildings or accessory use facilities,
or additions and enlargements to existing buildings or accessory use
facilities, including a description of existing and proposed exterior
building materials;
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b. the location, dimensions and other pertinent information as to all
proposed and existing buildings, structures and other improvements,
streets, alleys, driveways, parking areas, loading areas and sidewalks;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a floor plan showing the location, arrangement and floor area of
existing and proposed uses; and
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e. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
2. If the conditional use permit is requested to allow a principal or accessory
use that does not require construction of a new building or accessory use
facilities, or additions or enlargements to an existing building or accessory use
facilities, the application shall be accompanied by plans showing:
a. the location, arrangement and floor area of existing and proposed
uses;
b. the location, dimensions and other pertinent information as to all
buildings, structures, streets, alleys, driveways, parking areas, loading
areas, sidewalks and landscaping; and
c. any other information required, in the opinion of the Planner, to
evaluate the application, determine consistency, with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
D. Commission Review and Recommendation. Within 45 days after receipt by the
Planner of the application, fee and all other information required, in form and
substance acceptable to the Planner, the Planner shall review the application and
other information provided by the applicant and forward a report to the
Commission. The Commission shall review the report of the Planner and send its
recommendation to the Council.
E. City Council Hearing and Decision. Upon request of the Planner, Manager or
applicant, and after review and recommendation by the Commission, the Council
850-30 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
shall conduct a public hearing regarding the application. The hearing shall be held
not later than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 500 feet of the
tract to which the application relates insofar as the names and addresses of such
owners can reasonably be determined by the Clerk from records maintained by the
Assessor. After hearing the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future date. No
new notice need be given for hearings which are continued to a specified future
date. The Council shall not grant a conditional use permit unless it finds that the
establishment, maintenance and operation of the use:
1. Will promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals and general
welfare;
2. Will not cause undue traffic hazards, congestion or parking shortages;
3. Will not be injurious to the use and enjoyment, or decrease the value, of
other property in the vicinity, and will not be a nuisance;
4. Will not impede the normal and orderly development and improvement of
other property in the vicinity;
5. Will not create an excessive burden on parks, streets and other public
facilities;
6. Conforms to the applicable restrictions and special conditions of the district
in which it is located as imposed by this Section; and
7. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of all
members of the Council. A favorable vote by the Council shall be deemed to
include a favorable finding on each of the foregoing matters even if not specifically
set out in the approval resolution or the minutes of the Council meeting.
F. Conditions and Restrictions. The Commission may recommend that the Council
impose, and the Council with or without such recommendation may impose,
conditions and restrictions upon the establishment, location, construction,
maintenance, operation or duration of the use as deemed necessary for the
protection of the public interest and adjacent properties, to ensure compliance with
the requirements of this Section and other applicable provisions of this Code, and to
ensure consistency with the Comprehensive Plan. The Council may require such
evidence and guarantees as it may deem necessary to secure compliance with any
conditions imposed. No use shall be established or maintained, and no building or
other permit for establishing or maintaining such use shall be granted, until the
850-31 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
applicant has met and fulfilled all conditions imposed by the Council to the
satisfaction of the Planner.
G. Expansions of Conditional Uses. No use allowed by conditional use permit, or
any building or structure accessory thereto, shall be increased in gross floor area or
height, nor shall any off-street parking facilities accessory to the building or
structure be enlarged in surface area to accommodate additional automobiles,
without first obtaining, in each instance, a conditional use permit.
H. Restriction on Resubmission After Denial. No application for a conditional use
permit which has been denied by the Council shall be resubmitted for a period of
one year following the date of the denial by the Council. Provided, however, that
the application may be resubmitted if so directed by the Council on a three-fifths
favorable vote of all members of the Council after presentation to the Council of
evidence of a change of facts or circumstances affecting the proposed use or tract on
which it is to be located.
I. Lapse of Conditional Use Permit by Non-User, Extension of Time.
1. If no use allowed by the conditional use permit has begun within two years
from the granting
of the conditional use permit, the conditional use permit
shall become null and void unless a petition for extension of time has been
granted.
2. A petition for extension shall be in writing and filed with the Clerk within l
two years from the granting of the conditional use permit. The petition for
extension shall state facts showing a good faith attempt to use the conditional
use permit and shall state the additional time requested to begin the use. The
petition shall be presented to the Council for hearing and decision in the same
manner as then required for an original application. The Council may grant an
extension of the conditional use permit for up to one year upon finding that:
a. a good faith attempt to use the conditional use permit has been
made,
b. there is a reasonable expectation that the conditional use permit
will be used during the extension, and
c. the facts which were the basis for the findings under which the
original conditional use permit was granted have not materially
changed. No more than one extension shall be granted. For purposes
of this paragraph, a use shall be deemed begun when all work
described in the original application, or information provided, has
been completed and has received final City approvals and the use is
operating for the purposes described in the original application.
J. Filing of Conditional Use Permit. If a conditional use permit is granted, the
applicant, at the applicant's expense, shall duly file or record the permit in the
proper office to give constructive notice of it. A verified copy of the permit, with
850-32 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
the recording data on it, shall be delivered to the Planner. The Council may require
that the permit be so recorded or filed, and the verified copy delivered to the
Planner, before the permit shall become effective.
Subd. 5 Temporary Conditional Use Permits.
A. Purpose. The purpose of temporary conditional use permits is to allow disabled
residents of dwelling units to conduct and operate permitted customary home
occupations in their residence by means of such variances from the conditions
otherwise imposed by this Section on such occupation as the Council deems
necessary and appropriate to allow such persons to properly conduct and operate
such occupation from their residence. The Council hereby finds and determines that
it is in the best interests of the City and its citizens to provide a process and means
by which disabled persons can carry on home occupations from their residence and
thereby become or remain productive and gainfully employed, and that the granting
of conditional use permits pursuant to this Subdivision will promote the public
health, safety, morals and general welfare of the City, and its citizens. However,
disabled residents who do not need variances from conditions imposed by this
Section on customary home occupations need not, and are not required to, obtain a
conditional use permit pursuant to this Subdivision.
B. Conditional Use Provisions Apply. All the provisions of paragraphs D. and H.
of Subd. 4 of this Subsection 850.04 relative to the issuance of conditional use
permits shall apply to temporary conditional use permits issued pursuant to this
Subdivision, except as specifically changed by this Subdivision.
C. Application and Notice.
1. An application for a temporary conditional use permit may be initiated by
the occupant of the residence from which the home occupation is to be
conducted, whether such occupant is an owner or a lessee of the residence.
The application shall be accompanied by the fee set forth in Section 185 of this
Code.
2. The application for a temporary conditional use permit shall also be
accompanied by the following additional information:
a. a letter (which shall be dated not earlier than 30 days prior to the
date of the application) from the applicant's attending physician (who
shall be duly licensed to practice medicine in Minnesota) certifying
that the applicant is physically unable to be employed full-time outside
of the applicant's residence;
b. the specific home occupation proposed by the applicant, including
the expected number of weekly automobile trips to the dwelling unit
by individuals other than the residents of the home expected to be
generated by the home occupation, the number of hours per day and
the number of days per week the home occupation will operate;
850-33 Supplement 2004-01
i
City of Edina Land Use, Platting and Zoning 850.04
c. any proposed interior or exterior alterations to the dwelling unit
necessary due to the proposed home occupation; and
d. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
3. The erection of a sign shall not be required in connection with the
application for a temporary conditional use permit.
4. Notice of hearing before the Council shall be published and mailed as
provided in paragraph E. of Subd. 4 of this Subsection 850.04 except that
mailed notice shall be given only to owners of property situated wholly or
partly within 350 feet of the property to which the application relates
D. Conditions and Findings.
1. In order to grant a temporary conditional use pr E t, f Subd 4c of this
ust
make the same findings as set forth in paragraph
Subsection 850.04.
2. In order to grant a temporary conditional use permit, the Council must also
find that the proposed home occupation complies with the conditions of
paragraph A. of Subd. 4 of Subsection 850.07, provided, however, that:
a. the Council may grant a variance of any condition in paragraph A.
of Subd. 4 of Subsection 850.07, if deemed necessary by the Council
to permit the applicant to properly operate and conduct the proposed
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home occupation and if the Council finds that such use will not negate
or violate any of the findings to be made pursuant to paragraph E. of
Subd. 4 of this Subsection 850.04; and j
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b. the maximum number of automobile trips to the dwelling unit of
the applicant by individuals other than its residents generated as a
result of such home occupation may be increased by the Council from
ten per week to a maximum of twenty per week in connection with the
granting of the permit.
3. Any permit granted pursuant to this Subdivision 850.04 shall remain in
effect, if not earlier terminated under other provisions of this Section, only so
itions are observed and complied with:
long as the following cond
a. that the applicant occupy the dwelling unit described in the permit,
and then only so long as such applicant is physically unable to be
employed full time outside of the applicant's residence;
b. that the findings made by the Council as set forth in paragraph E.
of Subd. 4 of this Subsection 850.04 continue without change or
850-34 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.04
violation; and
c. that the conditions of paragraph A. of Subd. 4 of Subsection
850.07, as varied by variances granted by the Council, are not
violated.
E. Duration and Review of Permits.
1. Each permit issued pursuant to this Subdivision shall remain in effect only
so long as the conditions set out in subparagraph 3. of paragraph D. of this
Subd. 5 are observed and not violated.
2. The Council shall review each permit issued pursuant to this Subd 5 on
the first anniversary of the effective date of the permit and on each second
anniversary (i.e., every other year) of the effective date of the permit to
determine if any of the conditions are not being observed, or are being
violated. Such review shall be made at a public hearing, notice of which shall
be published and mailed in the same manner as notice would then be given
under this Section for a then new conditional use permit. All persons may be
heard, and the Council shall receive such evidence and information as it deems
necessary or desirable, orally and in writing, at the hearing and continuations
of the hearing. If, at the hearing, or a continuation thereof, the Council
concludes, by resolution, that one or more of the conditions set out in
Subparagraph 3. of paragraph D. of this Subdivision are not being observed or
are being violated, then the Council may direct the Manager to institute
proceedings to revoke the permit as provided in Subd. 9 of this Subsection
850.04. The foregoing provisions shall not prevent the City from exercising
any remedies for violations of any conditions applicable to any conditional use
permit whenever they occur.
F. All Districts. Customary home occupations conducted pursuant to temporary
conditional use permits issued under this Subd. 5 shall be allowed as a conditional
use in all districts in which dwelling units are allowed.
Subd. 6 Fees and Charges.
A. Petitions and Applications. Each petition or application filed with or submitted
to the City pursuant to this Section shall not be deemed filed or submitted, and the
City shall have no duty to process it, to act on it or respond to it, unless and until
there is paid to the City the applicable fee for such petition or application, as then
required by Section 185 of this Code. This paragraph shall not apply to petitions or
applications filed or submitted by the Council, the Commission or any City official
in its official capacity.
B. Administrative Expenses and Attorneys' Fees. Each petitioner and applicant, by
filing or submitting a petition or application, shall have agreed to pay all
administrative expenses and attorneys' fees, with interest and costs as provided,
incurred by the City in connection with or as a result of reviewing and acting on
such petition or application. If more than one person signs a petition or application,
850-35 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.04
all such signers shall be jointly and severally liable for such expenses and fees, with
interest and costs as provided. The expenses and fees to be paid to the City
pursuant to this paragraph shall be payable upon demand made by the City, and if
not paid within five days after such demand, shall bear interest from the date of
demand until paid at a rate equal to the lesser of the highest interest rate allowed by
law or two percentage points in excess of the reference rate. The petitioners and
applicants shall also pay all costs, including attorneys' fees, incurred by the City in
collecting the expenses, fees and interest, with interest on the costs of collection
from the dates incurred until paid, at the same interest rate as is payable on the
expenses and fees. For purposes of this paragraph, reference rate shall mean the
rate publicly announced from time to time by First Edina National Bank, or any
successor, as its reference rate, and if the bank, or its successor, ceases publicly
announcing its reference rate, reference rate shall mean the interest rate charged
from time to time by the bank on 90-day unsecured business loans to its most credit-
worthy customers.
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Subd. 7 Mailed Notice. Whenever this Section requires or permits mailed notice to
property owners, the failure to give mailed notice, or defects in the notice, shall not
invalidate the proceedings, provided a good faith attempt to comply with the applicable
notice requirements was made. Any appropriate records may be used by the person
responsible for mailing the notice to determine names and addresses of owners.
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Subd. 8 Evidence of Ownership. If, in connection with any petition or application, the
Planner requests evidence of ownership of the property to which the petition or application
relates, the petitioner or applicant shall obtain, at the petitioner's or applicant's expense,
and deliver to the Planner, a title opinion from an attorney acceptable to the Planner, or
other evidence of such ownership acceptable to the Planner, in each case addressed to the
City. Also, if so requested by the Planner, the petitioner or applicant shall obtain a written
consent to the petition or application by all owners of such property as shown by the title
opinion or other evidence of ownership and, if the request is made, the City shall have no
duty to process, or to act on or respond to, such petition or application until such consents
are delivered to the Planner.
Subd. 9 Violation, Penalty, Remedies.
A. Misdemeanor. Any owner or lessee of an entire building or property in or upon
which a violation has been committed or shall exist, or any owner or lessee of that
part of the building or property in or upon which a violation has been committed or
shall exist, shall be guilty of a misdemeanor and subject to the penalties and
remedies provided in Subsection 100.09 of this Code.
B. Civil Penalty. Any such person who, after being served with an order to remove
any such violation, shall fail to comply with the order within ten days after being
served, or shall continue to violate any provision of the regulations made under
authority of this Section in the respect named in such order, shall also be subject to
a civil penalty of not to exceed $500.
C. Violation of Conditions in Conditional Use Permits. If any person violates any
condition or restriction imposed by the Council in connection with the grant or
850-36 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.05
issuance of a conditional use permit, the City, in addition to other remedies
available to it as provided in this Subdivision, may revoke the permit and all rights
attributable to such permit. Revocation shall be done in the following manner:
1. The Manager or Planner shall notify the owner and occupant of the
property to which such permit exists insofar as the names and addresses of
such owner and occupant can reasonably be determined by the Clerk from
records maintained by the Assessor, of the violation and request removal
within a stated period, but not less than five days.
2. If the violation is not removed within the stated period, the Manager or
Planner shall submit a report on the matter to the Council and request a
hearing.
3. The Council, upon receipt of the report, shall set a hearing date, and notice
shall be given to the owner and occupant at least ten days prior to the hearing.
4. After receiving the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date.
5. If the hearing is continued to a specified future date, no new notice need be
given. If such permit is revoked by the Council, all use, activity and rights
allowed by and attributable to such permit shall immediately cease.
850.05 Districts. For the purposes of this Section, the City shall be divided into the following
zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District (PRD and PSR)
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
850-37 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.07
850.06 District Boundaries. The boundaries of all such districts except the Floodplain Overlay
District, shall be as shown in the official Zoning Map entitled "Official Zoning Map", a
composite copy of, which reduced in size, is appended to this Code. The Official Zoning Map,
with all explanatory information, is adopted by reference and declared to be a part of this Code.
The boundaries shown on the Official Zoning Map may be changed by amendment to this Section.
The Official Zoning Map shall be on file in the office of the Planning Department and shall be
open to public inspection during normal business hours of the City. The boundaries of the
Floodplain Overlay District shall be as shown on the Official Floodplain Zoning Map described
and identified in Subsection 850.21, as such map is to be interpreted and used as provided in
Subsection 850.21.
850.07 General Requirements Applicable to all Districts Except as Otherwise Stated.
Subd. 1 General. No building or structure shall be erected, constructed or placed on
any property in the City, and no building or structure or property in the City shall be used
for any purpose, unless in full compliance with the restrictions and requirements of this
Section and other applicable provisions of this Code.
Subd. 2 Storage of Refuse.
A. All Properties Except Single Dwelling Unit and Double Dwelling Unit
Buildings. All refuse, as defined in Section 705 of this Code, or similar material
shall be kept within closed containers designed for such purpose. The containers
shall not be located in the front yard and shall be completely screened from view
from all lot lines and streets.
B. All Non-Residential Properties Within the 50th and France Commercial District.
No non-residential building within the 50th and France Planned Commercial
District shall be (i) added to or enlarged in any manner; or (ii) subjected to an
alteration whereby the use of any portion of a building is converted to a restaurant
without first providing sufficient areas for the storage of refuse and servicing of
refuse containers. Areas for the storage of refuse and servicing of refuse containers
which existed as of the effective date of this Code shall not be eliminated or reduced
in size.
C. Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as
defined in Section 705 of this Code, or similar materials shall be kept within closed
containers designed for such purpose. Such containers shall not be located in the
front yard and shall not be visible from the front lot line except as allowed by
Section 705 of this Code.
Subd. 3 Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings,
Trailers and Recreational Vehicles. No accessory building, temporary building, trailer
or recreational vehicle in any district shall be used in whole or in part for a dwelling unit
or units, except for accessory buildings which are specifically allowed for residential use
by this Section.
Subd. 4 Customary Home Occupations as an Accessory Use.
850-38 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.07
A. Customary home occupations which are permitted as an accessory use by this
Section shall comply with the following conditions:
1. Only the residents of the dwelling unit shall be employed on the lot or
within the dwelling unit.
2. No exterior structural modifications shall be made to change the residential
character and appearance of the lot or any buildings or structures on the lot.
3. No loading, unloading, outdoor storage of equipment or materials, or other
outdoor activities, except parking of automobiles shall occur.
4. No signs of any kind shall be used to identify the use.
5. All parking demands generated by the use shall be accommodated within
the accessory garage and the normal driveway area and shall not at any one
time occupy more than two parking spaces in parking areas required for
multiple residential buildings.
6. No more than ten automobile trips weekly by individuals other than the
residents of the dwelling unit shall be generated to the dwelling unit as a result
of the use.
7. No sale of products or merchandise shall occur on the lot or within any
structures or buildings on the lot.
B. Permitted customary home occupations include the following and similar
occupations if, and only during such times as, they comply with all of the conditions
of paragraph A. of this Subd. 4:
1. Dressmakers, tailors and seamstresses.
2. In single dwelling unit and double dwelling unit buildings only, music and
dance teachers providing instruction to not more than five individuals at a
time.
3. Artists, sculptors and authors.
4. Insurance agents, brokers, architects and similar professionals who
typically conduct client meetings outside of the dwelling unit.
5. Ministers, rabbis and priests.
6. Photographers providing service to one customer at a time.
7. Salespersons, provided that no stock in trade is maintained on the lot or in
the building or structure on the lot.
8. In single dwelling unit and double dwelling unit buildings only, rental of
rooms for residential occupancy to not more than two persons per dwelling
unit in addition to the permanent residents of the dwelling unit.
850-39 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.07
C. The following uses have a tendency to increase in size or intensity beyond the
conditions imposed by this Subd. 4 for home occupations and thereby adversely
affect residential properties. Therefore, the following shall specifically not be
permitted as customary home occupations:
1. Barber shops and beauty parlors.
2. Repair services of all kinds, including, without limitation, auto repair and
painting, appliance repair and small engine repair.
3. Music, dance or exercise instruction which provides instruction to groups
of more than five individuals at a time.
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4. Medical and dental offices.
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5. Upholstering.
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6. Mortuaries.
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7. Commercial kennels as defined by Subsection 300.01 of the City Code.
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8. Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies.
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i,
9. Commercial food preparation or catering.
10. Automobile and equipment sales.
11. Landscaping and lawn maintenance service where landscaping materials
and equipment are stored or parked on the premises.
D. Permitted customary home occupations by residents who are physically unable
to be employed full time outside their residence may be allowed as a temporary
conditional use, with variances from the conditions of paragraph A. of Subd. 4 of
this Subsection 850.07, pursuant to the provisions of Subd. 5 of Subsection 850.04.
Subd. 5 Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District and
R-2 District shall conform to the following:
A. Fences exceeding four feet in height shall not be erected within a required front
street setback or side street setback, pursuant to the provisions of paragraph 2. of
Subd. 7 of Subsection 850.11.
B. No fence shall exceed six feet in height.
C. Fences shall be installed with the finished side facing neighboring properties.
D. No fence shall be installed so as to obstruct a required clear view at street
intersections as required by Section 1405 of this Code.
Subd. 6 Exceptions to Setback Requirements. The following shall not be considered
850-40 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.07
as encroachments into required setbacks:
A. Overhanging eaves not supported by posts or pillars, and bay windows not
extending to the floor, which do not project more than three feet into the required
setback and which are not within three feet of a lot line.
B. Sidewalks and driveways, but not patios.
C. Fences which do not exceed the height limitations imposed by this Subsection
850.07.
D. Awnings and canopies attached to the principal building and not supported by
posts or pillars, which do not project more than three feet into the required setback
and which are not within three feet of a lot line.
E. Flagpoles, light poles and fixtures.
F. Clotheslines and outdoor fireplaces in the rear yard only.
G. Bus shelters which have been approved by the Engineer.
H. Unenclosed steps or stoops not exceeding 50 square feet in area.
I. Fireplaces projecting not more than two feet into the required setback and not
exceeding ten square feet in horizontal area.
J. Underground storage tanks, conduits and utilities.
K. Portions of principal and accessory buildings or structures which are located
completely underground, which are not visible from the surface of the ground and
which do not encroach more than one-half of the distance into that part of the
required setback nearest the principal or accessory building.
L. Trees, shrubs and other vegetation.
M. Retaining walls.
N. Freestanding basketball posts, backboards and goals adjacent to a driveway.
O. Unenclosed overhanging eaves oporches e not closer than 2orted 0 feet to a front property
sts or columns not
exceeding 80 square feet in area, that
line, 3 feet to a side property line or 10 feet to a side street.
Subd. 7 Drainage. Surface water runoff shall be properly channeled into storm sewers,
watercourses, ponding areas ° other
public
sa shall be reAll
viewedprovisions
and approvedaby the
including storm sewers, sheet drainage and wales
Engineer prior to construction or installation.
Subd. 8 Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building containing three
850-41 Supplement 2004-01
i
I
City of Edina Land Use,Platting and Zoning 850.07
or more dwelling units shall not be issued unless the applicant's building plans, including
the site plan, are certified by an architect registered in the State. The certification shall
state that the design of the building and site has been prepared under the direct supervision
of the architect.
Subd. 9 Building Coverage Computations; Exclusions and Inclusions.
A. The following structures and improvements shall be excluded when computing
building coverage:
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
3. Accessory recreational facilities not enclosed by solid walls and not
covered by a roof, including outdoor swimming pools, tennis courts and
shuffleboard courts; but facilities which are constructed above grade, such as
paddle tennis courts, shall be included when computing building coverage.
4. Unenclosed and uncovered steps and stoops less than 50 square feet.
eaves and roof projections not supported by posts or pillars.
5. Overhanging P J i
B. Building coverage computations, however, shall include all other principal or
I
accessory buildings, including, but not limited to:
1. Decks and patios subject to allowances provided by this Section.
2. Gazebos.
3. Balconies.
4. Breezeways.
5. Porches.
6. Accessory recreational facilities constructed above grade, such as paddle
tennis courts.
Subd. 10 Lighting. All exterior lighting and illuminating devices shall be provided with
lenses, reflectors or shades so as to concentrate illumination on the property of the owner
or operator of the lighting or illuminating devices. Rays of light or illumination shall not
pass beyond the property lines of the premises utilizing the lights or illumination at an
intensity greater than three foot-candles measured at property lines abutting property zoned
residential and ten foot-candles measured at property lines abutting streets or property
zoned non-residential. No light source, lamp or luminaire shall be directed beyond the
boundaries of the lighted or illuminated premises.
Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage
on at least one street other than alleys or limited access roadways to which private access
850-42 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.07
is prohibited. Private easements shall not be considered as frontage for purposes of this
Subdivision. Notwithstanding the requirements of this subdivision, lots in a townhouse
plat need not front on a street provided that the townhouse plat of which the lot is a part
has at least 30 feet of frontage on at least one street.
Subd. 12 Certain Sales Prohibited.
A. Except as provided in Section L3.1.9-of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B. No property used for residential purposes shall be used for garage sales, estate
sales or other sales of personal property for more than one period of 72 consecutive
hours in any calendar year. The property offered for sale shall consist only of items
owned by the resident or of the premises or by friends of such resident. None of the
items offered for sale shall have been purchased for resale or received on
consignment for purposes of resale.
Subd. 13 Platting Requirement. Any land proposed to be transferred from one zoning
district to another shall be platted into lots and blocks pursuant to and in accordance with
the requirements of Section 810 of this Code in connection with, and at the time of the
transfer. Any land which has been previously platted into lots and blocks shall be likewise
replatted to provide new lots and blocks which are compatible in size, shape, location and
arrangement with the property's intended use.
Subd. 14 Drive-Through Facility Standards.
A. Number of Stacking Spaces in Addition to the Vehicle(s) Being Served.
1. Financial institutions: 3 stacking spaces per bay
2. Car wash: 25 stacking spaces per bay
3. Accessory car wash: 2 stacking spaces per bay
4. All other uses: 4 stacking spaces per bay
B. Location of Stacking Space.
1. No stacking space shall encroach into any drive aisle necessary for the
circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required by
this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A. of
Subd. 14 above, if the drive-through bay is equipped with a facility for
placing an order which is separated from the location at which the product
or merchandise is received by the customer, not less than three of the
required stacking spaces shall be provided at the ordering point.
850-43 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.07
C. Minimum Size of Stacking Space. The minimum size of each stacking space
shall be nine feet wide by 18 feet deep.
D. Accessory Canopies and Mechanical Equipment. All canopies and equipment
appurtenant to a drive-through facility shall provide the same setbacks as are
required for principal buildings.
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays. !
i
Subd. 15 District Limits. For purposes of calculating the minimum site area, floor
area ratio, building coverage, setbacks and all other requirements of this Section, a district
or subdistrict shall be deemed not to extend beyond the right-of-way lines of adjacent
streets, alleys or highways which were dedicated, conveyed or acquired prior to the
transfer of land to that district or subdistrict. Districts which are separated by public
streets or highways shall be deemed to be separate and independent districts and all
requirements and restrictions contained in this Section must be met separately and
independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary
or portable building or structure, including, without limitation, any shed, tent or
shelter, which is not permanently attached to the ground shall be placed or stored
within the required front street or side street setback for the principal building and j
shall maintain an interior side yard and rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double
Dwelling Unit Lots. No temporary or portable building or structure, including,
without limitation, any shed, tent or shelter, which is not permanently attached to
the ground shall be placed or stored upon a lot except as accessory to, and during
the construction of, permanent buildings or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished products,
motor vehicles, trailers and all equipment shall be stored within a completely enclosed
building except:
A. Materials and equipment used for the construction or repair of structures may
be stored outdoors on the construction site during construction.
B. Motor vehicles, recreational vehicles and other vehicles may be parked or stored
outdoors in accordance with the Section 1046 of this Code.
C. Outdoor storage or displays may take place on lots in the Planned Commercial
District in accordance with Subd. 11 of Subsection 850.16.
Subd. 18 Setbacks from Naturally Occurring Lakes, Ponds and Streams.
Notwithstanding any other requirements of this Section or other provisions of this Code, in
cases where a portion of a lot or tract is located below the ordinary high water elevation of
850-44 Supplement 2004-01
Ci of Edina Land Use,Platting and Zoning 850.07
ty
a naturally occurring lake, pond or stream, the shoreline created by such an ordinary high
water elevation shall be deemed to be the rear lot line or side lot line, as the case may be,
for setback purposes. All principal and accessory structures shall maintain a minimum
setback of 50 feet from the ordinary high water elevation, except that all principal and
accessory structures shall maintain a minimum setback of 75 feet from the ordinary high
water elevation of Indianhead Lake, Arrowhead Lake, Mirror Lake and Lake Cornelia.
Subd. 19 Energy Collection System Setbacks. Facilities andsameentfor
designed
es fined are
the collection of solar energy or wind energy shall maintain the
required for principal buildings or structures and shall not be located within the front yard.
Subd. 20 Non-Conforming Uses, Buildings and Lots.
A. Non-Conforming Uses. Any non-conforming use may continue, provided that:
1. It shall not be expanded to occupy a larger portion of a building or lot,
or be extended to other buildings or lots;
2. It shall not be replaced with any other non-conforming use;
3. It shall not be resumed if it is discontinued for one year or longer; and
4. If it is ever discontinued and replaced made of the building or i g use, no
non-conforming use thereafter shall b
B. Non-Conforming Buildings.
1. Alterations, Additions and Enlargements.
a. a non-conforming building, other an s n any mle anner,u it
building, shall not be added to or
subjected to an alteration involving 50 percent or more of the gross
floor area of the building, or 50 percent or more of the exterior wall
area of the building, unless such non-conforming building, including
all additions, alterations and enlargements, shall conform to all of
the restrictions of the district in which it is located. The percentage
of the gross floor area or exterior wall area subjected to an alteration
shall be the aggregate percentage for any consecutive three-year
period.
b. a non-conforming single dwelling unit building shall not be
added to or enlarged in any manner, or subjected to an alteration to
convert accessory buildings or portions thereof into living area,
unless all such additions, enlargements and alterations shall conform
to the setback and height restrictions of the district in which it is
located, and unless such non-conforming single dwelling unit
building, including all such additions, enlargements and alterations
shall conform to the building coverage restriction of the district in
which it is located.
850-45 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.07
2. Repairs, Maintenance and Remodeling. Non-conforming buildings may
be repaired, maintained and internally remodeled to an extent and in a
manner which does not violate the provisions of the preceding subparagraph
1.
3. Restoration. A non-conforming building, or a building all or
substantially all of which is used for a non-conforming use, which is
destroyed or damaged by fire, wind, earthquake, explosion or other
casualty, to the extent that the cost of restoration exceeds one-half of the
fair market value of the entire building on the date immediately prior to the
date of the casualty, shall not be restored unless the building, and the use,
shall conform to all of the restrictions of the district in which it is located. If
the cost of restoration is less than one-half of the fair market value of the
entire building on the date immediately prior to the date of the casualty,
then the building may be restored without so conforming; but if such
restoration is not begun within two years from the date of the casualty or is l
not diligently prosecuted to completion, then the building shall not be
restored unless the building, and the use, conforms to all of the restrictions
of the district in which it is located. The Assessor, or other person selected
by the Manager, shall determine such cost of restoration and such fair
market value.
I
C. Non-Conforming Lots. A non-conforming lot in the R-1 District used or
intended for a single dwelling unit building shall be exempt from the width, depth,
area and lot width to perimeter ratio requirements of this Section, provided, that
the lot:
1. Is not less than 50 feet in width;
2. Is not less than 100 feet in depth;
3. Has at least 30 feet frontage on a street; and
4. Has not been at any time since October 22, 1951, been held in common
ownership with all or part of an adjoining or abutting lot or parcel which,
together, complied with the minimum width, depth and area and lot width
to perimeter ratio requirements imposed by this Section. If such lot and
adjoining or abutting lot or parcel has been held in such common
ownership, then the property so held in common ownership shall be subject
to the following:
a. if a non-conforming lot or parcel is, or at any time since October
22, 1951, has been, held in common ownership with all or part of an
adjoining or abutting parcel or lot which together comply with, or
come close to complying with, the minimum width, depth, area, and
lot width to perimeter ratio, requirements of this Section, then such
non-conforming lot or parcel and such adjoining or abutting parcel
or lot shall be considered as one lot and shall not be decreased in
size below such minimum requirements. If in a group of two or
850-46 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.08
more adjoining or abutting lots or parcels owned or controlled by
the same person, any single lot or parcel does not meet the full
minimum depth, width, area or lot width to perimeter ratio
requirements of this Section, such single lot or parcel shall not be
considered as a separate lot or parcel able to be conveyed and
developed under this Code.
Subd. 21 Relocation of Buildings and Structures. No building or structure shall be
moved, in whole or in part, into or within the City, unless every portion of such building
and structure, and its use, conforms to all of the restrictions of the district in which it is to
be located. The moving or relocation of a building or structure shall be undertaken and
done only in accordance with applicable provisions of Section 410 of this Code and State
Law.
Subd. 22 Signs. Signs erected in accordance with Section 460 of this Code shall be a
permitted accessory use in all districts.
Subd. 23 Utility Buildings and Structures.
A. Utility Buildings and Structures Owned by the City. Utility buildings and
structures owned by the City and used for rendering service to all or any part of the
City (but excluding warehouses, maintenance buildings and storage yards) shall be
a permitted principal or accessory use in all districts.
B. Other Utility Buildings and Structures. Utility buildings and structures owned
by private utility companies or governmental units other than the City, and used for
rendering service to all or any part of the City (but excluding warehouses,
maintenance buildings and storage yards) shall be a conditional use in all districts
and shall only be constructed pursuant to a conditional use permit granted in
accordance with Subd. 4 of Subsection 850.04.
850.08 Parking and Circulation.
Subd. 1 Minimum Number of Spaces Required.
A. Single Dwelling Units, Double Dwelling Units and Residential Townhouses.
Two fully enclosed spaces per dwelling unit.
B. Apartment Buildings in the PRD District.
1. 1.25 fully enclosed spaces and 0.75 exposed spaces per dwelling unit.
2. The required number of exposed spaces may be reduced to not less than
0.5 spaces per dwelling unit if the number of enclosed spaces is increased
by a like amount so that the total number of exposed and enclosed spaces
equals not less than two per dwelling unit.
C. Senior Citizen Dwelling Unit Buildings in the PSR-4 and PSR-5 Subdistricts.
1. 0.5 exposed spaces and 0.25 enclosed spaces per S ppir citizen ng
850-47 lement 2004-01
City of Edina Land Use,Platting and Zoning 850.08
unit.
2. In addition to subparagraph 1, the following spaces are required:
a. one completely enclosed and one exposed space for each
non-senior citizen dwelling unit located in a building in the Planned
Senior Residence District;
b. one completely enclosed space per vehicle owned by the
building's management and stored on the property; and
c. one exposed space for each employee who is not a resident of the
building.
D. Nursing, Convalescent and Rest Homes. One space for every four patients or
residents based on the maximum capacity of the building, plus one space per
employee on the major shift, plus one space per vehicle owned by the building's
management.
E. Day Care, Nurseries and Preschools (Principal Use). One space per teacher or
employee, plus one space per 20 individuals (or major fraction) receiving care.
F. Public or Private Senior High Schools and Seminaries. One space per
classroom plus one space per ten students, or spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, whichever is
greater.
G. Public or Private Elementary or Junior High Schools. Two spaces per
classroom, or spaces equal in number to one-third the maximum seating capacity of
the largest place of assembly, whichever is greater.
H. Community Centers. Spaces equal in number to one-third the maximum seating
capacity of the largest place of assembly, or one space for each 200 square feet of
gross floor area, whichever is greater.
I. Churches and Other Religious Institutions. Spaces equal in number to one-third
the maximum seating capacity of the largest place of assembly, plus spaces for
other church facilities which are used concurrently with the largest place of
assembly, the number of which shall be determined by the Council in connection
with the granting of a conditional use permit.
J. Theaters (Except Within Shopping Centers), Stadiums, Auditoriums, Arenas,
Lodge Halls, Mortuaries and Club Houses. Spaces equal in number to one-third the
maximum seating capacity, plus one space for each employee on the major shift.
K. Governmental Administration, Public Service, Post Office. The greater of: j
1. One space per employee on the major shift, plus one space per
government-owned vehicle, plus ten visitor spaces; or
i
850-48 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.08
2. One space for each 200 square feet of gross floor area.
L. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square feet of
gross floor area.
M. Medical or Dental Offices, Clinics and Animal Hospitals. One space for each
200 square feet of gross floor area, plus one space per physician, dentist or
veterinarian.
N. Hospitals. One space per bed, plus one space per employee or volunteer on the
major shift.
O. Athletic, Health, and Weight Reduction Facilities.
1. Six spaces per court for handball, racquetball and tennis courts.
2. One space per 200 square feet of gross floor area for all other uses.
P. Restaurants (Except Within Shopping Centers). Spaces equal in number to
one-third the maximum seating capacity, plus one space for each employee on the
major shift.
Q. Car Washes. One space per employee on the major shift, plus five spaces for
each wash lane, plus stacking spaces in accordance with Subd. 14 of Subsection
850.07.
R. Accessory Car Washes. Two parking spaces, plus stacking spaces in
accordance with Subd. 14 of Subsection 850.07.
S. Gas Stations. One space per employee on the major shift, plus one space for
each 100 square feet of accessory retail uses in excess of 500 square feet exclusive
of restrooms, storage areas and mechanical equipment.
T. Automobile Service Centers. Three parking spaces per service bay, plus one
space per employee on the major shift, plus one space for each 100 square feet of
accessory retail uses in excess of 500 square feet exclusive of restrooms, storage
areas and mechanical equipment.
U. Bowling Alleys. Five spaces per lane.
V. Offices, Medical and Dental Laboratories, Business or Professional Offices,
Financial Institutions, Employment Agencies and Travel Bureaus.
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/{(0.00025*GFA)+195]
850-49 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.08
Over 220,000 sq. ft. GFA/250
W. Mixed Development District.
1. Residential: one enclosed space, plus 0.75 exposed space, per dwelling
unit.
2. Non-Residential (excluding publicly owned facilities and uses accessory {
to residential uses):
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/{(0.0005*GFA)+19,
Over 220,000 sq. ft. GFA/300
X. Multi-Tenant Industrial Buildings. One space for each 400 square feet of gross
floor area, or the sum of the component gross floor areas as follows, whichever is
greater:
1. One space for each 200 square feet of office space.
I
2. One space for each 2,000 square feet of warehouse space.
3. One space for each 300 square feet of manufacturing, processing,
packaging, treatment and assembly space.
4. One space for each 500 square feet of space containing machines and
equipment for conducting scientific research, testing or experimentation.
5. One space for each 200 square feet of facilities for athletic, health and
weight reduction purposes; six spaces per court for handball, racquetball or
tennis.
Y. Automobile and Boat Sales - New or Used. One space per 250 square feet of
gross floor area, including show rooms, sales space and offices, but excluding
service areas, plus three spaces for each service bay. Required parking spaces shall
not be used for the storage or display of vehicles, boats or other products.
Z. Furniture and Major Appliance Sales.
1. Over 2,500 square feet of gross floor area: one space per 400 square
feet of gross floor area.
2. Under 2,500 square feet of gross floor area: one space per 200 square
feet of gross floor area.
AA.Hotels and Motels. One space per guest unit, plus one space for each employee
850-50 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.08
on the major shift.
BB.Uses Allowed in the Planned Commercial Districts Except Uses For Which a
Parking Quantity is Otherwise Specified.
1. Shopping Centers. One space per 200 square feet of gross floor area
(including theaters and restaurants), plus one additional space for each ten
seats in a restaurant, theater or other place of assembly. Atrium areas and
mall areas not used for retail sales purposes shall be excluded from gross
floor area calculations.
2. Other Retail. Eight spaces for the first 1,000 square feet, plus six spaces
for each 1,000 square feet of gross floor area in excess of the original
1,000, but not exceeding 15,000 square feet, plus five spaces for each 1,000
square feet in excess of 15,000 square feet.
For the purpose of determining parking requirements in places of assembly where persons
occupy benches, pews and similar seating facilities, each 22 inches of the seating facilities
shall be counted as one seat.
Subd. 2 Use of Public Parking to Meet Off-Street Parking Requirements.
A. Any principal use on property located within a redevelopment project approved
by the Council pursuant to M.S. 462, or M.S. 469.001 to 469.047 which principal
use was in existence on the date the project was approved, and which project
provides for public parking to serve the project area, may be reconstructed, or a
new principal use constructed, on the same property without providing off-street
parking additional to that provided for public parking. Provided, that the
reconstructed or new principal use does not contain more gross floor area than the
prior principal use, and is for uses which do not increase the number of required
off-street parking spaces beyond those required for the uses in the prior principal
use.
B. If any increase in the size, or changes in the uses, of such an existing principal
use is made beyond the size or for other than the uses above allowed, then
additional off-street parking spaces shall be provided, pursuant to this Section, but
only for the additional spaces resulting from the increase in size or changes in uses.
Subd. 3 Location.
A. Non-Residential Principal Uses. The required number of off-street parking
spaces shall be located on the same lot as the principal use or on an adjacent lot
under the control of the owner of the principal use. For purposes hereof, "control"
may be derived from ownership, or by a lease or easement continuing for a period
of not less than 25 years. The required parking spaces shall not be separated from
the principal use building by a street. Seventy-five percent of all required spaces
shall be located within 500 feet of the entrances to the principal use building and
100 percent shall be within 1,000 feet.
B. Residential Principal Uses. The required number of off-street parking spaces
850-51 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.08
shall be located on the same lot as is occupied by the principal use. The required
parking spaces shall not be separated from the principal use building by a street.
Subd. 4 Setbacks (Not Applicable to Single Dwelling Unit Buildings and Double
Dwelling Unit Buildings). No exposed parking spaces, required stacking spaces or drive
aisles (except that portion of the driveway crossing the public right of way to give access
to the street) shall be located within twenty feet of a public street right-of-way or within
ten feet of an interior side lot line or a rear lot line. Interior side yard and rear yard
setbacks shall be measured from the boundary of the tract. No parking space or drive aisle
shall be located within ten feet of any principal use building.
Subd. 5 Design and Construction.
A. Size
1. Full Size Spaces.
Space Space Drive Aisle
Angle Width Leng Width
900 81/2 feet 18 feet 24 feet
600 9 feet 18 feet 18 feet
450 9 feet 18 feet 12 feet
2. Compact 1 Size Spaces.
Space Space Drive Aisle
Angle Width Length Width
900 7 '/2 feet 16 feet 24 feet
600 8 feet 16 feet 18 feet
450 8 feet 16 feet 12 feet
B. Compact Parking Spaces. Within the Planned Office District, Regional Medical
District and Planned Industrial District only, not more than 20 percent of all
required parking spaces may be compact spaces. In all other districts, no compact
spaces shall be counted as required parking. Compact spaces shall be clearly
identified by signs mounted on sign posts in order that they are visible at all times.
Signs which are painted on the pavement shall not be permitted for this purpose.
Compact parking spaces shall be located in one contiguous area to the greatest
possible extent and, where possible, limited to proposed employee parking areas. It
is the purpose and intent to limit compact parking spaces to areas used for
long-term employee parking rather than short-term visitor parking.
C. Bumper Overhangs. The minimum parking space length as required may be
decreased by 1.5 feet for full size parking spaces and 1.0 foot for compact spaces
which allow the bumper of the automobile to project beyond the terminus of the
850-52 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.08
parking space without obstructing other parking spaces or vehicle circulation areas.
D. Joint Parking Facilities in the Planned Commercial District and Mixed
Development District. Parking spaces serving two or more buildings, lots or uses
in the Planned Commercial District and the Mixed Development District may be
located in the same off-street parking area, provided that:
1. The total number of spaces furnished shall not be less than the sum of
the separate requirements for each use; and
2. All parking spaces shall comply with all requirements as to location and
control as provided by paragraph A. of Subd. 3 of Subsection 850.08.
E. Nighttime Uses. Nighttime uses, as below defined, which share parking
facilities with daytime uses may reduce their required number of parking spaces by
50 percent, provided that:
1. The total number of spaces normally required for nighttime uses is
provided within the parking area in combination with parking spaces
provided for daytime uses;
2. The total number of parking spaces normally required for nighttime use
conforms to all requirements as to location and control as provided by
paragraph A. of Subd. 3 of Subsection 850.08; and
3. In the opinion of the Planner, the peak hours of operation of the
nighttime use will not coincide with the peak hours of other uses sharing the
joint parking facility so as to cause a parking shortage.
For the purposes hereof, nighttime uses are limited to theaters; facilities for
athletic, health and weight control including handball courts, racquet courts, tennis
courts, reducing salons and aerobic dance studios; bowling alleys; and club and
lodge assembly halls. Provided, however, that uses which are located within a
shopping center or Mixed Development District shall not be deemed nighttime uses
and shall not be eligible for reduction of parking requirements due to nighttime
uses.
F. Construction. Off-street parking spaces and circulation areas shall be surfaced
and maintained with a hard, all-weather, durable and dust-free surfacing material
composed of bituminous asphalt or concrete installed over a well compacted
subgrade and gravel base. Except for residential uses in the R-1 District and R-2
District, each parking space shall be clearly delineated by lines painted on or
imbedded in the surface of the parking area.
Subd. 6 Traffic and Circulation.
A. General Requirements. Vehicular traffic shall be channeled and controlled in a
manner that will avoid congestion and traffic hazards on the lot or tract or on
adjacent streets. Traffic generated by the use shall be directed so as to avoid
850-53 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.08
excessive traffic through residential areas. No parking area, stacking area or
circulation area, except for driveway ingresses and egresses, shall be located within
a street, alley or highway.
B. Review by Engineer. The adequacy of any proposed traffic circulation system
on a lot or tract shall be subject to the review of the Engineer who may require
additional measures for traffic control to accomplish the orderly and safe
movement of traffic including, but not limited to, the following:
1. Directional signalization.
2. Channelization.
3. Turn lanes.
4. Increased street width.
5. Warning lights.
6. Stacking lanes.
7. Location, number and width of curb cuts.
C. Circulation Within Parking Areas.
1. Unobstructed access to each parking space from a drive aisle shall be
provided.
2. Traffic moving from one part of a parking area to another shall be
capable of doing so without using a street.
3. Dead end drive aisles shall not be permitted.
4. Parking spaces oriented at an angle of less than 90 degrees to the drive
aisle shall be served only by way of one-way drive aisles.
D. Driveway Design.
1. Driveway width (back of curb to back of curb):
Maximum Minimum
i
One-way 20 feet 12 feet
Two-way 30 feet 24 feet
i
2. Maximum driveway width at street curb: 30 feet exclusive of returns
as measured along the curb line of the street.
3. Minimum distance between driveways in all districts except R-1 and R-
2: 20 feet between ends or returns as measured along the curb line of the
street.
850-54 Supplement 2004-01
i
City of Edina Land Use,Platting and Zoning 850.09
4. Minimum distance of driveway from street intersections: 50 feet
between ends or returns of the driveway and the returns of the intersection
as measured along the curb line of the street.
5. Minimum distance between end of the driveway return and side lot line
in all districts except R-1 and R-2: 10 feet.
6. A permit must be obtained for curb cuts pursuant to Section 1205 of this
Code.
850.09 Loading Facilities.
Subd. 1 Definition. A loading facility means and includes the dock to or from which
the transport vehicle is being loaded or unloaded, the berth for the vehicle while it is being
loaded or unloaded and the areas needed to maneuver the vehicle into or out of the berth.
Subd. 2 Location. Off-street loading facilities shall be easily accessible from
streets with a minimum of interference with other vehicle and pedestrian traffic. No
loading berths shall be located on the side of a building which faces a residential
district.
Subd. 3 Setbacks. No loading facility shall be located within the required front street
or side street setback for the principal building or within ten feet of an interior side lot line
or a rear lot line.
Subd. 4 Design.
A. Size
1. Large Berth: Length 55 feet
Width 14 feet
Height 15 feet
2. Small Berth:. Length 25 feet
Width 12 feet
Height 15 feet
B. Docks. All docks shall be located within the perimeter of the principal or
accessory building and shall be completely enclosed except for the opening needed
for access to a vehicle during the time it is standing in the berth.
C. Construction. All loading berths shall comply with the standards for the
construction of parking areas as specified in this Section.
Subd. 5 Minimum Number of Loading Berths Required.
A. Planned Industrial District (Except Office Buildings). One large berth per
50,000 square feet of gross floor area or major fraction.
B. All Office Buildings, Mixed Development District (Office Space Only) and
850-55 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.10
Regional Medical District.
Gross Floor Area (GFA) Number of Berths
0 - 20,000 sq. ft 0 berths
20,001 - 100,000 sq. ft. 1 small berth
Over 100,000 sq. ft. 1 small berth and 1 large berth plus 1
additional berth for each 100,000 square
feet GFA or major fraction thereof, over
the original 100,000 square feet GFA
C. Planned Commercial District (Except Office Buildings).
Gross Floor Area (GFA) Number of Berths
0 - 5,000 sq. ft 0 berths
5,001 20,000 sq. ft. 1 small berth
20,001 - 100,000 sq. ft. 1 small berth and 1 large berth
Over 100,000 sq. ft. 1 small berth 50,000 square feet GFA or
major fraction thereof, over the original
100,000 square feet GFA
850.10 Landscaping and Screening.
Subd. 1 Landscaping.
A. Application of Requirements. All properties shall comply with the requirements
I
of this Section except for single dwelling unit or double dwelling unit lots, public
parks, playgrounds and athletic facilities, and public and private golf courses,
except that club houses, parking areas and other structures accessory to the golf
courses shall comply.
B. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual acceptable to the Planner.
Landscape plans shall be drawn to a scale of not smaller than one inch equals 30
feet and shall include the following information:
1. Boundary lines of the property with accurate dimensions.
2. Locations of existing and proposed buildings, parking lots, roads and
other improvements.
3. Proposed grading plan with two-foot contour intervals.
4. Location, approximate size and common name of existing trees and
shrubs.
850-56 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.10
5. Planting schedule containing (i) symbols; (ii) quantities; (iii) common
names and botanical names; (iv) size of plant materials, (v) root condition,
and (vi) special planting instructions.
6. Planting details illustrating proposed locations of all new plant material.
7. Locations and details of other landscape features including berms,
fences and planter boxes.
8. Details of restoration of disturbed areas including areas to be sodded or
seeded.
9. Location and details of irrigation systems.
10. Details and cross sections of all required screening.
C. Minimum Requirements. All open areas of a lot which are not used and
improved for required parking areas, drives or storage shall be landscaped with a
combination of overstory trees, understory trees, shrubs, flowers and ground cover
materials.
1. Minimum Number of Overstory Trees. The number of overstory trees
on the lot or tract shall be not less than the perimeter of the lot or tract as
measured in feet divided by 40.
2. Understory Trees and Shrubs. In addition to the required number of
overstory trees, a full complement of understory trees and shrubs shall be
provided to complete a quality landscape treatment of the site.
3. Minimum Size and Root Condition of Required Overstory Trees.
Minimum Amount of Required Trees
Building Height - Front
Tree Type Deciduous Coniferous Less than 24 24' or Greater
Ornamental 2" or less 5' or less 5% 5%
Complimentary 21/2 " or greater 6' or greater 60% 25
Accent 31/2 " or greater 8 ` or greater 20% 25%
Primary 41/2" or greater 10' or greater 10% 20%
Full 51/2" or greater 12' or greater 5% 20%
Calculations to determine minimum number of trees are always rounded up.
Tree size, as to deciduous, is the diameter of the tree measured 6 inches above
the ground. Tree size, as to coniferous, is measured in height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species which are
850-57 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.10
classified as overstory trees by the American Nurseryman's
Association. Trees which are considered as half trees, shrubs,
understory trees or ornamental trees shall not be included in the count
of required overstory trees;
b. not more than 50 percent of the required number of overstory trees
shall be composed of one species;
c. no required overstory trees shall include (i) all species of the genus
Ulmus (elm); (ii) box elder; (iii) all species of the genus Populous
(poplar), or (iv) ginkgo - female only; and
d. all plant materials shall be indigenous to the hardiness zone of the
area in which the City is located.
5. Credit for Existing Trees. The total number of required new overstory
trees may be offset by the retention of existing overstory trees on the lot
provided that the trees satisfy the requirements of this Subdivision 850.10
as to size and species. The Planner shall determine the amount of the credit
for existing trees based upon their location and distribution on the lot.
6. Ground Cover. All unimproved portions of the lot or tract shall be
sodded. Provided, however:
a. areas reserved for future approved building expansions may be j
seeded;
b. undisturbed areas containing existing viable natural vegetation
which can be maintained free of weeds may be left undisturbed; and
c. slopes steeper than 3:1 may be seeded.
D. Landscaping Inspection Fee. A landscaping inspection fee in the amount set out
in Section 185 of this Code shall be paid to the City at the time a building or other
permit is issued for work to be done on the same property as the landscaping work,
and as a condition to the issuance of the permit.
Subd. 2 Screening.
A. Screening Required. The following uses shall be screened in accordance with
the requirements of this Subdivision 850.10:
1. Non-residential principal buildings or structures, and any building or
structure accessory thereto, shall be screened from lots in the R-1 District
which are used for single dwelling unit buildings and which are located
within 200 feet of the non-residential use. The distance shall be the shortest
distance between the non-residential building or structure to be screened and
the nearest lot line of the R-1 District lot, but shall not extend across a
street;
850-58 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.10
2. Principal buildings or structures, or any building or structure accessory
thereto, located in the Planned Industrial District or Planned Commercial
District shall be screened from lots used for any residential purpose which
are located within 200 feet. The distance shall be the shortest distance
between the PID or PCD building or structure to be screened and the
nearest lot line of the residential lot, but shall not extend across a street;
3. Off-street parking facilities containing six or more spaces and all
loading facilities shall be screened from streets located within 50 feet, and
from lots which are used for any residential purpose which are located
within 50 feet. Said distance shall be the shortest distance between the
parking facility or loading facility and the nearest part of the street or the
nearest lot line of the residential lot;
4. Trash storage facilities including recycling storage facilities shall be
screened from all lot lines and public road rights-of-way; and
5. All mechanical equipment accessory to any building, except single
dwelling unit and double dwelling unit buildings, shall be screened from all
lot lines and streets.
B. Responsibility. The owner of the principal or accessory building or structure to
be screened shall install and maintain all screening required without cost to the
City.
C. Materials. Required screening may be achieved with fences, walls, earth
berms, hedges and other landscape materials. All walls and fences shall be
architecturally harmonious with the principal building. Earth berms shall not be
steeper than 3:1. All materials, including landscaping, shall have a minimum
opacity of 90 percent year round.
D. Location. All required screening shall be located on the lot occupied by the use,
building, facility or structure to be screened. No screening shall be located upon
any public road right-of-way, or within 20 feet of the traveled portion of a street.
E. Height. The minimum height for screening required by this Section is as
follows:
1. Screening required by subparagraphs 1 and 2 of paragraph A. of Subd.
2 of Subsection 850.10: ten feet above property line;
2. Screening required by subparagraph 3 of paragraph A. of Subd. 2 of
Subsection 850.10: four feet above level of parking lot and ten feet above
level of loading facility; and
3. Screening required by subparagraphs 4 and 5 of paragraph A. of Subd.
2 of Subsection 850.10: high enough to completely screen from property
lines, but not less than five feet or greater than ten feet in height.
850-59 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.11
Subd. 3 Maintenance.
A. Responsibility. The owner of the lot upon which the required landscaping or
screening is located shall maintain all materials in a sightly and healthy growing
condition without cost to the City.
B. Security. Security shall be filed with the Planner in accordance with Section
405 of this Code to guarantee the installation and vigorous growing condition of all {
landscape elements and required screening. The security shall remain in effect for
two full growing seasons. Lots provided with an irrigation system covering 100
percent of the area improved with landscaping need provide security for only one
growing season. The growing season guarantee period for plant material installed
after June 1 shall begin the following year.
850.11 Single Dwelling Unit District (R-1).
Subd. 1 Principal Uses.
I
A. Buildings containing not more than one dwelling unit.
B. Publicly owned parks, playgrounds and athletic facilities.
C. Publicly and privately owned golf courses, but not including driving ranges or
i
miniature golf courses as a principal use.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels and temples.
B. Elementary schools, junior high schools and senior high schools having a
regular course of study accredited by the Minnesota Department of Education,
preschools and community centers.
C. Publicly owned and operated civic and cultural institutions including, but not
limited to, administrative offices, libraries, public safety buildings and places of
assembly.
D. Golf course club houses.
E. Parking facilities and other uses which are accessory to conditional uses
including, but not limited to, seminaries, private schools, monasteries and
nunneries, but excluding preschools, nurseries and day care permitted by paragraph
C. of Subd. 3 of this Subsection 850.11.
F. Temporary Conditional Uses allowed pursuant to Subd. 5 of Subsection
850.04.
G. Day care facilities, pre-schools and nursery schools.
Subd. 3 Accessory Uses.
850-60 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.11
A. The following accessory uses are permitted on the same lot as a single dwelling
unit building:
1. Accessory garages.
2. Greenhouses, garden houses, decks, patios and gazebos.
3. Tool houses and sheds for the storage of domestic supplies.
4. Private swimming pools, tennis courts and other recreational facilities
for use only by residents of the principal use and their guests.
5. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and
clotheslines.
6. Customary home occupations.
7. Day care facilities, licensed by the State, located within the single
dwelling unit building.
8. Temporary retail sales of evergreen products from Conditional Use
properties pursuant to a permit issued in accordance with this Subsection
850.11
A. Uses and facilities accessory to and on the same lot as a golf course, including
maintenance buildings, golf driving ranges, swimming pools, tennis courts and
other related recreational facilities.
B. Preschools, nurseries and day care within elementary, junior high and senior
high schools and religious institutions.
C. Rooms for residential occupancy by persons employed by religious institutions
or golf courses.
Subd. 4 Interim Uses of Elementary, Junior and Senior High School Buildings
Owned by Independent School District No. 273.
A. Purpose and Intent. The Council recognizes that several public elementary,
junior high and senior high school buildings owned by Independent School District
No. 273 (the "School District") have been, or will be, wholly or partly closed for
public education purposes due to the decreasing school age population of the
School District. It further recognizes that many such buildings will be retained in
School District ownership in order that they may be reused for public education
purposes in the future if the School District's school-age population increases.
Therefore, the Council has determined that the school buildings should be allowed
to be temporarily occupied by appropriate uses during this interim period in order
to preserve a substantial public investment, to prevent the deterioration of such
public properties thereby adversely impacting surrounding private properties, to
prevent an undue financial burden upon the School District, and to promote the
850-61 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.11
general health, safety and welfare of the residents of the City. However, it is not
the purpose and intent of this Section to allow the permanent reuse of such public
school buildings for the interim uses permitted or allowed by this Section.
B. Permitted Interim Uses.
1. Schools for teaching music, dance, arts or business vocations which do
not require a conditional use permit pursuant to paragraph D. of Subd. 4 of
this Subsection 850.11; and j
2. Administrative offices and meeting rooms (excluding lodge halls) for
private non-profit organizations, and counseling services, which, together
with the other such offices and meeting rooms in the same public school
building do not occupy, in the aggregate, in excess of the minimum
percentage of gross floor area set out in subparagraph La. of paragraph D. �
of Subd. 4. of this Subsection 850.11, and if such offices and meeting
rooms do not require a conditional use permit pursuant to subparagraph Lb.
of paragraph D. of Subd. 4. of this Subsection.
C. Termination of All Interim Uses. If all or any part of any public school
building, or the land upon which it is located, is disposed of or transferred to
private ownership by deed, contract for deed, lease for more than three years or by
other means, all interim uses shall cease and the building and land shall then be
used for only principal uses, and accessory uses permitted in the zoning district in
which the land is situated, or allowed conditional uses pursuant to the grant of a
conditional use permit.
D. Conditional Interim Uses.
1. Only the following interim uses are allowed subject to the grant of a
conditional use permit:
a. administrative offices and meeting rooms for private non-profit
organizations, and counseling services, which, together with the other
such offices and meeting rooms in the same public school building
will, in the aggregate, occupy 35 percent or more of the gross floor
area of the building; and
b. administrative offices and meeting rooms for private non-profit
organizations, and counseling services and schools for teaching music,
arts, dance or business vocations which are open for operations
between 6:00 P.M. and 7:00 A.M. on three or more days per week.
2. No conditional use permit shall be issued unless the Council finds that
the hours of operation of the proposed use(s) will be complementary to
other uses in the building or on the property and will not adversely impact
the residential character of surrounding properties.
Subd. 5 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area.
850-62 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.11
1. Single Dwelling Unit 9,000 square feet provided however, if the
lot is in a neighborhood as defined in
Section 810 of this Code, which has lots
with a median lot area greater than 9,000
square feet, then the minimum lot area
shall be not less than the median lot area of
the lots in such neighborhood.
2. Elementary School 5 acres
3. Junior high schools, 10 acres, plus 1 acre for each 150 pupils of
senior high schools, planned maximum enrollment.
seminaries, monasteries,
nunneries, and community
centers
4. Religious institutions 3 acres.
5. Day care facilities, pre- 2 acres
schools and nursery
schools
B. Minimum Lot Width.
Single dwelling unit building 75 feet, provided however, if the lot is in a
neighborhood as defined in Section 810 of
this Code, which has lot with a median lot
width greater than 75 feet, then the
minimum lot width shall be not less than
the median lot width of lots in such
neighborhood
C. Minimum Lot Depth.
Single dwelling unit building 120 feet, provided, however if the lot is in
a neighborhood as defined in Section 810
of this Code, which has lots with a median
lot depth greater than 120 feet, then the
minimum lot depth shall be not less than
the median lot depth of lots in such
neighborhood.
D. Minimum Lot Width to Perimeter Ratio. Each lot shall have a lot width to
perimeter ratio of not less than 0.1.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Building Coverage.
1. Lots 9,000 Square Feet or Greater in Area. Building coverage shall be
not more than 25 percent for all buildings and structures, provided,
however, that the combined total area occupied by all accessory buildings
850-63 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.11
and structures, excluding attached garages, shall not exceed 1,000 square
feet.
2. Lots Less Than 9,000 Square Feet in Area. Building coverage shall be
not more than 30 percent for all buildings and structures, provided,
however, that the area occupied by all buildings and structures shall not
exceed 2,250 square feet.
I
I
I
850-64 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.16
3. The combined total area occupied by all accessory buildings and
structures, excluding attached garages, shall not exceed 1,000 square feet
for lots used for single dwelling unit buildings.
B. Minimum Setbacks (subject to the requirements of paragraph A. of Subd. 7 of
this Subsection 850.11).
Interior
Front Side Side Rear
Street Street Yard Yard
1.Single dwelling unit buildings 30' 15' 10' 25'
on lots 75 feet or more in
width.
2.Single dwelling unit buildings 30' 15' 5 25'
on lots less than 75 feet in
width.
3.Buildings and structures
accessory to single dwelling
unit buildings:
a. Detached garages, -- 15' 3' 3'
tool sheds, greenhouses
and garden houses
entirely within the rear
yard, including the eaves.
b. attached garages, tool 30' 15' 5' 25'
sheds, greenhouses and
garden houses.
c. detached garages, tool -- 15' 5' 5'
sheds, greenhouses and
garden houses not entirely
within the rearyard
d. unenclosed decks and 30' 15' 5' 5'
patios
e. swimming pools, 30' 15' 10' 10'
including appurtenant
equipment and required
decking.
f. tennis courts, 30' 15' 5' 5'
basketball courts, sports
courts, hockey and skating
rinks, and other similar
recreational accessory uses
including appurtenant
850-65 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.11
fencing and lighting
g. all other accessory 30' 15' S' S'
buildings and structures
4. Other Uses: j
a. All conditional use 50' 50' 50' 50'
buildings or structures
including accessory thereto
except parking lots, day j
care facilities, pre-schools
and nursery schools
b. Driving ranges, tennis 50' 50' 50' 50'
courts, maintenance
buildings and swimming
pools accessory to a golf
course.
c. Day care facilities, pre- 30' 35' 35' 35'
schools and nursery
schools.
C. Height
1. Single dwelling units 2 '/2 stories or 30 feet
buildings and structures whichever is less
accessory thereto.
2. Buildings and structures 1 '/2 stories or 18 feet
accessory to single whichever is less
dwelling unit buildings,
but not attached thereto.
3. All other buildings and 3 stories or 40 feet
structures whichever is less
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the
frontage on one side of a street between intersections is occupied by
buildings having front street setbacks of more or less than 30 feet, the
average setback of such existing buildings shall be maintained by all new or
relocated buildings or structures or additions thereto on the same side of
that street and between said intersections. If a building or structure or
addition thereto is to be built or located where there is an established
average setback and there are existing buildings on only one side of the
850-66 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.11
built or relocated building or structure or addition thereto, the front street
setback of said new or relocated building or structure or addition thereto
need be no greater than that of the nearest adjoining principal building. If a
building or structure or addition thereto is to be built or relocated where
there is an established average setback, and there are existing buildings on
both sides of the new or relocated building or structure or addition thereto,
the front setback need be no greater than that which would be established by
connecting a line parallel with the front lot line connecting the most forward
portion of the adjacent principal building on each side.
2. Side Street Setback. The required side street setback shall be increased
to that required for a front street setback where there is an adjoining interior
lot facing on the same street. The required side street setback for a garage
shall be increased to 20 feet if the garage opening faces the side street.
3. Interior Side Yard Setback. The required interior side yard setback shall
be increased by 6 inches for each foot the building height exceeds 15 feet.
For purposes of this subparagraph, building height shall be the height of
that side of the building adjoining the side lot line and shall be measured
from the average proposed elevation of the ground along and on the side of
the building adjoining the side lot line to the top of the cornice of a flat
roof, to the deck line of a Mansard roof, to a point on the roof directly
above the highest wall of a shed roof, to the uppermost point on a round or
other arch-type roof, to the average distance of the highest gable on a
pitched roof, or to the top of a cornice of a hip roof.
4. Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet
in length or if the lot forms a point at the rear and there is no rear lot line,
then for setback purposes the rear lot line shall be deemed to be a straight
line segment within the lot not less than 30 feet in length, perpendicular to a
line drawn from the midpoint of the front lot line to the junction of the
interior lot lines, and at the maximum distance from the front lot line.
5. Rear Yard Setback - Corner Lots Required to Maintain Two Front
Street Setbacks. The owner of a corner lot required to maintain two front
street setbacks may designate any interior lot line measuring 30 feet or more
in length as the rear lot line for setback purposes. In the alternative, the
owner of a corner lot required to maintain two front street setbacks may
deem the rear lot line to be a straight line segment within the lot not less
than 30 feet in length, perpendicular to a line drawn from the junction of
the street frontages to the junction of the interior lot lines, the line segment
being the maximum distance from the junction of the street frontages.
6. Through Lots. For a through lot, the required setback for all buildings
and structures from the street upon which the single dwelling unit building
does not front shall be not less than 25 feet.
7. Accessory Buildings and Structures Used for Dwelling Purposes.
Subject to the requirements of paragraph B. of Subd. 7 of this Subsection
850.11, if any accessory building or structure (including, without
850-67 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.12
limitation, garages), or if any addition to or expansion of (including,
without limitation, an additional story on) an accessory building or structure
(including, without limitation, garages), is used or intended for use, in
whole or in part, for residential occupancy, then such accessory building or
structure or such addition or expansion, shall comply with all of the
minimum setback requirements for a single dwelling unit building.
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling
unit shall be erected, placed or used on any lot unless the lot is subdivided into two
or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 150 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet in
width as measured from the exterior of the exterior walls.
F. Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1
District.
G. Temporary retail sales of evergreen products from Conditional Use properties
1. The Manager may grant a permit for temporary retail sales of evergreen
products, if:
I
a. the owner of the property or other non-profit group approved by the
owner conducts the sale.
b. the duration of the sale does not exceed 45 consecutive days and does not
start before November 15 in any year. j
c. the sale area is located in a suitable off-street location that does not j
interfere with traffic circulation on the site or obstruct parking spaces needed
by the principal use on the site.
d. the sale area is not located within 200 feet of a property zoned and used
for residential occupancy
e. the hours of operation do not extend beyond 10:00 p.m.
f. signage is limited to one sign per street frontage with an aggregate sign
area not exceeding 100 square feet.
850.12 Double Dwelling Unit District (R-2).
850-68 Supplement 2004-01
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
0. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
0. 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'/z 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 or shall have
been granted a waiver thereof in accordance with Section 445 of this Code
C. Subdivided R-2 Lots. A double dwelling unit building and lot may be j
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
' I
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.
i
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)
850-70 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.13
Planned Resident District - 3 (PRD-3)
Planned Resident District - 4 (PRD-4)
Planned Resident District - 5 (PRD-5)
Planned Senior Residence - 3 (PSR-3)
Planned Senior Residence - 4 (PSR-4)
Subd. 2 Principal Uses.
A. PRD-1. Single dwelling unit buildings, double dwelling unit buildings and
residential townhouses.
B. PRD-2. Residential buildings containing six or fewer dwelling units.
C. PRD-3 and PRD-4. All residential buildings. Also day care facilities licensed
by the State.
D. PRD-5. Rest homes, convalescent homes and nursing homes.
E. PSR-3 and PSR-4. Buildings containing four or more dwelling units, all but one
of which are senior citizen dwelling units.
Subd. 3 Accessory Uses.
A. PRD-1. All accessory uses allowed in the R-1 District.
B. All Other Subdistricts. All accessory uses allowed in the R-2 District.
C. PRD-4, PRD-5 and PSR-4. Shops, restaurants and other services primarily
intended for the use and convenience of residents of the principal use, provided
that such accessory uses are accessible only from the interior of the principal
building, are located only on the ground floor of the principal building, and
have no signs or display visible from the outside of the principal building. Not
more than ten percent of the gross floor area of a principal building shall be
devoted to these accessory uses.
Subd. 4 Density.
A. Required Lot Area. The area of the tract shall not be less than the sum of the
required lot area for each dwelling unit adjusted by the allowances permitted or
imposed by this paragraph:
Lot Area Per Maximum Allowance
Dwelling Unit Per Dwelling Unit
PRD - 1 10,500 Sq. ft. 0 sq. ft.
PRD - 3 7,300 Sq. ft. 0 sq. ft.
PRD - 3 4,400 sq. ft. 1,500 sq. ft.
850-71 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.13
PRD - 4 2,900 sq. ft. 1,500 sq. ft.
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PRD - 5
PSR - 3 3,500 sq. ft. 1,500 sq. ft.
PSR - 4 2,500 sq. ft. 1,500 sq. ft
*The principal building in subdistrict PRD-5 shall not exceed an FAR of 1.2.
B. Schedule of Allowances.
1. PRD-3
a. subtract 500 square feet for each parking space within or under the
principal building or otherwise completely underground. (No more
than 1.5 spaces per dwelling unit shall be counted).
b. subtract 500 square feet for each dwelling unit if all principal
buildings conform to all specifications of Type I or II construction as
defined in the State Building Code as adopted by Section 410 of this
Code.
c. subtract 250 square feet for each dwelling unit if at least a 500 foot
spacing is maintained between each principal and accessory building
and the nearest lot line of a lot in the R-1 District used for residential
purposes.
d. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
e. subtract 250 square feet for each dwelling unit if the tract is within
2,000 feet of an accessible freeway interchange (nearest lot line to
center of interchange).
2. PRD-4
a. all allowances permitted by paragraph B.1 of this Subd. 4 for
PRD-3.
b. subtract 250 square feet for each dwelling unit if the tract is three
acres or more in area.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than ten percent.
3. PSR-3 and PSR-4
a. all allowances permitted by paragraph B.2 of this Subd. 4 for
PRD-4.
b. subtract 1,000 square feet for each senior citizen dwelling unit.
850-72 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.13
Subd. 5 Requirements for Building Coverage, Setbacks, Height.
A. Maximum Building Coverage and FAR.
Maximum FAR
Building
Coverage
PRD - 1 25% --
PRD -2 25% --
PRD - 3 30% --
PRD - 4 30% --
PRD - 5 35% 1.2
PSR - 3 30% --
PSR - 4 35% 1.2
B. Setbacks.
1. Setbacks shall be measured from the boundary of the tract. The
required setbacks shall be increased to equal the building height for
those buildings whose height exceeds the minimum setbacks
required.
a. minimum setbacks are as follows:
Interior
Front Side Side Rear
Street Street Yard Yard
PRD - 1 30' 30' 20' 25'
PRD - 2 30' 30' 20' 35'
PRD - 3 35' 35' 20' 35'
PRD - 4, 5 35' 35' 35' 35'
PSR - 3,4 35' 35' 20' 35'
Accessory Buildings Same as 10' 10'
principal
building
C. Maximum Building Height.
PRD - 1, 2 2'/2 stories or 30 feet, whichever is less
850-73 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.13
PRD - 3 3 stories or 40 feet, whichever is less
PRD - 4, 5 No maximum; height is determined by required
setbacks.
PSR - 3 3 stories or 40 feet, whichever is less.
PSR - 4 No maximum; height is determined by required
setbacks.
Subd. 6 Usable Lot Area. Usable lot area not less than the amount specified below
shall be provided on the tract. This space must be easily accessible by residents of the
principal building. The front yard and side yard established by the required front street or j
side street setback and areas occupied by driveways, parking areas and buildings shall not
be included as usable lot area. Areas within the tract and dedicated by the tract owner to
the general public shall be included in usable lot area computations.
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Per Dwelling Unit
PRD - 1 2,000 sq. ft.
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PRD - 2 1,500 sq. ft.
PRD - 3, 4 400 sq. ft. j
PSR - 3 200 sq. ft.
PSR -4 100 sq. ft.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area - PRD-1. 10 acres
B. Minimum Floor Area per Dwelling Unit.
PSR PRD (except
PRD-5
500 sq. ft.
Efficiency -- I
One Bedroom 500 minimum sq. ft. 750 sq. ft.
700 maximum sq. ft.
Two Bedroom 750 minimum sq. ft. 950 sq. ft.
850 maximum sq. ft.
Additional Bedrooms -- 150 sq. ft.
For purposes hereof, floor area shall be the area within, and measured from, the
inside of exterior walls and from the center of interior walls bounding the dwelling
unit, but shall not include furnace rooms, utility rooms, storage areas not within
850-74 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 or shall have been granted a waiver thereof in accordance with Section 445
of this Code.
F. Accessory Buildings. The exterior of accessory buildings shall be constructed
of the same material as the principal building.
G. Community Facilities in PSR-3 and PSR-4. Principal buildings in subdistricts
PSR-3 and PSR-4 shall provide recreational, service and meeting facilities for the
use and enjoyment of residents and guests. Such facilities shall comprise not less
than 1,250 square feet, or 15 square feet of floor area per senior citizen dwelling
unit, measured as provided for in paragraph B. of Subd. 7 of this Subsection
850.13, whichever is greater. Such facilities shall be indoor space and shall be
conditioned for year round occupancy. Outdoor areas, laundry facilities, storage
areas, mechanical rooms, hallways, foyers, offices or circulation space shall not be
included to satisfy this requirement.
H. Proximity to R-1 District (PRD-4, PRD-5, and PSR-4). The following
minimum distance shall be provided between the closest point of the principal
building in the PRD-4, PRD-5 and PSR-4 subdistricts and the nearest lot line of an
R-1 District used for residential purposes. This requirement shall only apply to
principal buildings four stories or more in height. The minimum distance to an R-1
District need not exceed 680 feet for buildings more than 100 feet in height.
Minimum Distance in Feet = 10(h-40) + 80
h = building height
850.14 Mixed Development District (MDD).
Subd. 1 Subdistricts. The Mixed Development District shall be divided into the
following subdistricts:
Mixed Development District - 3 (MDD-3)
Mixed Development District - 4 (MDD-4)
Mixed Development District - 5 (MDD-5)
Mixed Development District - 6 (MDD-6)
Subd. 2 Principal Uses.
850-75 Supplement 2005-02
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.
6. Publicly-owned parking facilities.
7. Day care.
8. Suites Hotels.
B. MDD-6:
1. All principal uses in the MDD-3, MDD-4, and MDD-5 subdistricts.
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory shops.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
3. Health and athletic clubs.
4. Department stores or shopping centers exceeding 40,000 square feet.
Subd. 3 Accessory Uses.
A. Recreational facilities solely for the use and enjoyment of residents of a
residential principal use and their guests.
B. Customary home occupations.
C. Mass transit passenger waiting and pick-up facilities.
Subd. 4 Conditional Uses.
A. MDD-3, MDD-4, and MDD-5.
1. Privately owned recreational facilities other than those permitted in
paragraph A. of Subd. 3 of this Subsection 850.14.
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850-76 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.14
2. Drive-through facilities.
3. All principal uses allowed in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory stores.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
B. MDD-6. Commercial uses in residential buildings.
Subd. 5 Density.
A. Allowed Number of Dwelling Units.
1. Required Lot Area. The area of the tract shall not be less than the sum of
the required lot area for each dwelling unit thereon, less the allowances
permitted or imposed by this paragraph.
Required Lot Area Per Maximum Allowance Per
Dwelling Unit Dwelling Unit
MDD-3 4,400 sq. ft. 1,000 sq. feet
MDD-4 3,600 sq. ft. 1,000 sq. feet
MDD-5 3,300 sq. ft. 1,500 sq. feet
MDD-6 3,300 sq. ft. 1,500 sq. feet
2. Schedule of Allowances.
a. subtract 500 feet for each required residential parking space within
or under the principal building or otherwise completely underground.
b. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than 20 percent. (Buildings devoted to public or
private park, or an accessory recreational facility, shall be excluded
from building coverage for purposes of this allowance).
d. subtract 400 square feet for each dwelling unit if the Mixed
Development District includes a publicly owned park that is developed
or programmed to be developed with recreational facilities or other
facilities for the use and enjoyment of the general public.
e. subtract 600 square feet for each dwelling unit reserved for sale or
850-77 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.14
rent to persons of low and moderate income, as defined by, and
pursuant to an agreement approved by, the Housing and
Redevelopment Authority of Edina, Minnesota.
B. Allowed Non-Residential Floor Area. The gross floor area of all non-residential
uses, exclusive of publicly owned or operated civic, cultural and recreational
facilities, transit facilities and uses accessory to residential principal uses, shall not
exceed:
1. MDD-3, MDD-4 and MDD-5: 800 square feet of non-residential gross
floor area per dwelling unit shown on the approved Overall Development j
Plan.
2. MDD-6 subdistrict: 1750 square feet of non-residential gross floor area
per dwelling unit shown on the approved Overall Development Plan.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 30 percent of the tract. Publicly owned buildings
or structures shall be excluded from building coverage computations.
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B. Maximum Floor Area Ratio. Non-residential uses shall not exceed a FAR of
0.5. Non-residential uses and residential uses in the aggregate shall not exceed an
FAR of 1.0. Tract area shall include all area in the approved Overall Development
Plan, exclusive of public street rights-of-way. Publicly owned buildings or
structures shall be excluded from FAR computations.
C. Setbacks. Setbacks shall be measured from the boundary of the tract or from
public street right-of-way.
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Interior
Front Side Side Rear
Street Street Yard Yard
MDD-3 35' 35' 20' 35'
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MDD-4 35' 35' 35' 35' j
MDD-5 50' 50' 50' 50'
MDD-6 35' 35' 20' 35'
The minimum building setback shall be increased by '/z foot for each foot the building
height exceeds the minimum required setback, provided, however, the required interior j
side yard setback shall not be less than 35 feet if the boundary of the tract adjoins land
zoned and used for residential purposes.
D. Maximum Building Height.
850-78 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.14
MDD-3 3 stories or 40 ft. whichever is less
MDD-4 4 stories or 50 ft. whichever is less
MDD-5 No maximum, height determined by required
setbacks
MDD-6 No maximum, height determined by required
setbacks
Subd. 7 Usable Lot Area. Usable lot area not less than the amount specified below shall be
provided on the tract. Publicly owned or operated civic, cultural or recreational facilities
located on the tract may be counted as usable lot area. The front yard and side yard
established by the required front street or side street setback and areas occupied by
driveways, parking areas and garages shall not be counted as usable lot area.
Per Dwelling Unit
MDD-3 400 sq. ft.
MDD-4 400 sq. ft.
MDD-5 200 sq. ft.
MDD-6 200 sq. ft.
Subd. 8 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area. The minimum tract area for subdistrict MDD-5 shall be
five acres. The minimum tract area for subdistrict MDD-6 shall be 50 acres.
B. Ownership or Control. The tract proposed for transfer to the Mixed
Development District shall be under common ownership and shall be planned and
developed as an integral unit.
C. Proposed Development Schedule. The Final Development Plan required by
Subsection 850.04 shall include a proposed schedule of construction of the major
components of the development as such major components are determined by the
Planner. The proposed schedule as approved by the Council shall become part of
the Final Development Plan. No more than 50 percent of the permitted gross floor
area of non-residential uses on the tract shall be constructed until a building permit
has been issued for, and construction begun on, at least 25 percent of the permitted
dwelling units.
D. Conditional Uses. Conditional uses shall:
1. Be contained within the same building as a principal use, except for
drive-through facilities.
2. Provide goods and services beneficial to the needs of the occupants and
residents of the principal uses and surrounding properties.
850-79 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.15
3. Have enclosed pedestrian access to the principal use.
E. Skyway Setbacks. In cases where pedestrian connections are made across and
above a street, the required setback for such connections may be reduced to zero
feet for a width of 120 feet.
F. Special Requirements for Retail Uses. Retail uses shall comply with the special
requirements provided by paragraphs, D, E, F, G, H, I, J, and K of Subd. 11 of
Subsection 850.16 of this Code.
850.15 Planned Office District (POD).
Subd. 1 Subdistricts. The Planned Office District shall be divided into the following
subdistricts:
Planned Office District - 1 (POD-1)
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Planned Office District - 2 (POD-2)
Subd. 2 Principal Uses.
A. Business and professional offices.
B. Financial institutions including drive-through facilities, but excluding pawn
shops.
C. Post offices.
D. Clubs, lodge halls and non-profit organizations, excluding those providing food
or beverage services in the building or on the lot.
E. Facilities for athletic, health or weight control purposes, including, but not j
limited to, handball, racquetball, tennis, reducing salons and aerobic dance studios,
provided that no seating or other facilities shall be allowed for spectator usage.
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F. Medical and dental offices and clinics. j
G. Employment agencies.
H. Travel bureaus. �
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I. Day care. j
J. Public or private colleges, universities or schools.
Subd. 3 Conditional Uses.
A. Funeral Homes and Mortuaries
Subd. 4 Accessory Uses.
A. Off-street parking facilities.
B. In buildings having a gross floor area of 40,000 square feet or more, ten
850-80 Supplement 2004-01
I
City of Edina Land Use,Platting and Zoning 850.15
percent of the gross floor area may be occupied by retail uses allowed in the
PCD-1 District and PCD-2 District, provided that the accessory uses are accessible
only from the interior of the principal building and have no signs or displays
relative thereto visible from the outside of the principal building.
Subd. 5 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage: 30 percent of the tract.
B. Maximum Floor Area Ratio: 0.5 of the tract.
C. Setbacks - shall be measured from the boundary of the tract:
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
D. Maximum Building Height.
POD-1 4 stories or 50 feet whichever is less
POD-2 no maximum; height is determined by required setbacks
Subd. 6 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Increased Setbacks. The front street or side street setback shall be increased to
not less than 50 feet when the principal use is located across the street from an R-1
District used for residential purposes. When the Planned Office District is an
integral part of either a Planned Industrial District or a Planned Commercial
District, the front street setback and the side street setback shall be not less than
those prescribed for the major district.
B. Proximity to R-1 District. The following minimum distance shall be provided
between the closest point of the office building closest to an R-1 District and the
nearest lot line of an R-1 District used for residential purposes.
Office Building Height Distance to R-1 District
5-6 stories Twice the building height of the office
building.
7 - 8 stories Four times the building height of the
office building.
9 or more stories Six time the building height of the
office building
850-81 Supplement 2004-01
City of Edina Land Use, Platting and Zoning 850.16
C. Building Design and Construction. In addition to other restrictions of this
Section and of Section 410 of this Code, the use, construction, alteration or
enlargement of any building or structure within the Planned Office District shall
meet the following standards:
1. All exterior wall finishes on any building shall be one or a combination
of the following:
a. face brick;
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction if
the panel materials are any of those noted above; or
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e. glass or pre-finished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be j
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
850.16 Planned Commercial District (PCD).
Subd. 1 Subdistricts. The Planned Commercial District shall be divided into the
following subdistricts:
Planned Commercial District - 1 (PCD-1)
Planned Commercial District - 2 (PCD-2)
Planned Commercial District - 3 (PCD-3)
Planned Commercial District - 4 (PCD-4)
Subd. 2 Principal Uses in PCD-1.
Antique shops.
Art galleries.
Art studios.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of 2,500 square feet.
Barber shops.
850-82 Supplement 2004-01
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City of Edina Land Use,Platting and Zoning 850.16
Beauty parlors.
Bicycle stores, including rental, repair and sales.
Book and stationery stores.
Camera and photographic supply stores.
Candy and ice cream stores.
Clothes pressing and tailoring shops.
Clothing stores not exceeding 2,500 square feet of gross floor area.
Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit
organizations not exceeding 2,500 square feet of gross floor area.
Coin and philatelic stores.
Day care.
Drug stores.
Dry cleaning establishments and laundries.
Employment agencies.
Financial institutions, but excluding drive-through facilities and pawn shops.
Florist shops.
Food, grocery, meat, fish, bakery and delicatessen stores.
Garden supply, tool and seed stores.
Gift shops.
Handball courts, racquetball courts and exercise and reducing salons.
Hardware stores.
Hobby shops for the sale of goods to be assembled and used off the premises.
Household furnishings, fixtures and accessory stores not exceeding 2,500 square
feet of gross floor area.
Interior decorating establishments.
Jewelry stores.
Launderettes.
Leather goods stores.
Liquor stores, municipally owned, off-sale.
850-83 Supplement 2004-01
City of Edina Land Use,Platting and Zoning 850.16
Locksmith shops.
Medical and dental clinics.
Music and video sales and rental stores.
Musical instruments stores and repair shops.
Newsstands.
Offices, including both business and professional.
Optical stores.
Paint and wallpaper stores not exceeding 2,500 square feet of gross floor area.
Personal apparel stores not exceeding 2,500 square feet of gross floor area.
Picture framing and picture stores.
Repair stores and "fix-it" shops which provide services for the repair of home,
garden, yard and personal use appliances.
Restaurants, but excluding "drive-ins" and drive-through facilities.
Schools.
Second-hand stores not exceeding 2,500 square feet of gross floor area, but
excluding pawn shops.
Shoe sales or repair stores.
Sporting and camping goods stores not exceeding 2,500 square feet of gross floor
area.
Tailor shops.
Tobacco shops.
Toy shops.
Travel bureaus and transportation ticket offices.
Variety, gift, notion and soft goods stores.
Vending machines which are coin or card operated, but excluding amusement
devices.
Subd. 3 Principal Uses in PCD-2.
Any principal use permitted in PCD-1.
Amusement and recreation establishments such as amusement arcades, commercial
bowling alleys and pool halls.
850-84 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 2005-02
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.
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Telegraph offices.
Theaters, but excluding outdoor or "drive-in" facilities.
Ticket agencies.
Trading stamps redemption stores.
Undertaking and funeral home establishments.
Subd 4. Principal Uses in PCD-3.
Any principal use permitted in PCD-2.
Automobile agencies selling or displaying new, unused vehicles.
Boat and marine stores or agencies selling or displaying new, unused boats.
Department stores or shopping centers exceeding 40,000 square feet of gross floor
area.
Sexually-Oriented Businesses.
Subd 5. Principal Uses in PCD4.
Automobile service centers.
Car washes.
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Gas stations.
Subd. 6 Conditional Uses in PCD-1, PCD-2 and PCD-3.
Residential dwelling units above principal uses.
850-86 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.16
Subd. 7. Accessory Uses in PCD-1.
Off-street parking facilities.
Buildings for the storage of merchandise to be retailed by the related principal use.
Not more than two amusement devices.
Drive through facilities, except those accessory to i) financial institutions, and ii)
food establishments as defined in Section 721 of the City Code
Produce stands pursuant to a permit issued by the Manager
Subd. 8. Accessory Uses in PCD-2.
All accessory uses allowed in PCD-1.
Drive-through facilities.
Amusement devices.
Subd. 9. 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. 10. Accessory Uses in PCD-4.
Accessory car washes.
Retail sales of convenience goods.
Gasoline sales accessory to a car wash.
Subd. 11. Requirements for Building Coverage, Setbacks and Height.
A. Maximum Floor Area Ratio.
PCD-1 1.0 of the tract
PCD-2 1.5 of the tract
PCD-3 0.5 of the tract
PCD-4 0.3 of the tract
850-87 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.16
B. Setbacks (Subject to the requirements of paragraphs A. and B. of Subd. 11 of
this Subsection).
Front Side Side Rear
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
Subd. 12. Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Established Average Front Street Setback for PCD-1, PCD-2 and PCD-3. When
more than 25 percent of the frontage on one side of the street between intersections
is occupied by buildings having front street setbacks of greater or lesser distances
than hereafter required, then the average setback of the existing buildings shall be
maintained by all new or relocated buildings on the same side of that street and
between the intersections. If a building is to be built or relocated where there is an
established average setback, and there are existing buildings on only one side of the
building or relocated building, the front street setback of the new or relocated
building need be no greater than that of the nearest adjoining principal building. If
a building is to be built or relocated where there is an established average setback
and there are existing buildings on both sides of the new or relocated building, the
front street setback need be no greater than that which would be established by
connecting a line parallel with the front line connecting the most forward portion of
the adjacent principal building on each side.
B. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear yard
setbacks including parking setbacks and loading facility setbacks apply only when
the side or rear lot line is a Planned Commercial District boundary.
Proximity to R-1 District. The following minimum distance shall exist between
==j buildings in the Planned Commercial District and the nearest lot line of an R-1
V District lot used for residential purposes:
850-88 Supplement 2005-02
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 buildii
in the Planned Commercial District.
9 or more stories Six times the building height of the building
the Planned Commercial District.
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.
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 T. 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.
.Fi 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 2005-02
City of Edina Land Use, Platting and Zoning 850.16
b. natural stone;
c. specially designed precast concrete units if the surfaces have
been integrally treated with an applied decorative material or
texture;
d. factory fabricated and finished metal framed panel construction
if the panel materials are any of those noted above; or
e. glass or prefinished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of the same materials as the original building and shall be designed
in a manner conforming to the original architectural design and general
appearance.
-,Y: 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.
JC: 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 2005-02
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.
dot: 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.
P,-A- Standards for Sexually-Oriented Businesses.
1. No sexually-oriented business shall be located closer than 500 feet
from any other sexually-oriented business or licenses day-care facility.
Measurements shall be made in a straight line, without regard to intervening
structures or objections, from the nearest point of the actual premises of the
sexually-oriented business or licenses day-care facility.
2. No sexually-oriented business shall be located closer than 500 feet
from any property in the R-1, R-2, PRD, PSR or MDD District, or any
residentially zoned property in the city adjoining the City. Measurements
shall be made in a straight line, without regard to intervening structures
objects, from the nearest point of the actual business premises of the
sexually-oriented business to the nearest boundary of the R-1, R-2, PRD,
PSR, or MDD District.
850-91 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.17
SPj Standards for residential dwelling units.
1. No part of any dwelling unit shall be located at street grade.
2. The floor area of the building used for residential purposes shall be
exempt from the Floor Area requirements of the underlying district.
3. Dwelling units with a floor area of 1,500 square feet or less shall
provide a minimum of 1.25 fully enclosed parking spaces per unit.
Dwelling units exceeding 1,500 square feet shall provide a minimum of 1.5
fully enclosed parking spaces per unit.
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.
850-92 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.17
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.
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'*
850-93 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.17
* 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.
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.
850-94 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.17
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.
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
850-95 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.17
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
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
850-96 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.18
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.
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.
850-97 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.19
B. Off-street parking facilities for ambulances, service trucks and automobiles
owned by tenants, employees, patients and visitors.
C. Within principal buildings having a gross floor area of 40,000 square feet or
more, ten percent of the floor area may be occupied by retail uses allowed in the
PCD-1 and PCD-2 subdistricts, if the primary function of the uses is to serve the
needs of occupants of, and visitors to, the principal use.
D. Helistops for use by helicopters involved in emergency rescue operations.
Subd. 3 Requirements for Building Coverage, Setbacks and Height.
A. FAR: 1.0.
B. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 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
850-98 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.20
Street Street Yard Yard
20' 20' 10' 10'
B. Parking Ramps, Garages and Other Structures.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. No parking ramp, garage or other structure, or any part thereof, shall be
located within 50 feet of the nearest lot line of any property in a residential district
used for residential purposes.
B. The front street or side street setback for parking ramps and garages, and other
structures, shall be increased to 50 feet when the ramp, garage or structure is
located across the street from a property in an R-1 District used for residential
purposes.
C. All exterior wall finishes of a parking ramp or garage shall be of materials that
are compatible with those of existing nearby structures and shall be one or a
combination of the following materials which shall be determined by the Council in
connection with the granting of a Conditional Use Permit:
1. Face brick.
2. Natural stone.
3. Specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture.
850.20 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 pattems in local history; or
850-99 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.20
2. Association with the lives of historically significant persons or groups
significant; or
3. Embodiment of the distinctive characteristics of an architectural style,
design, period, type, or method of construction; or that possess high
artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction; or
4. Important archeological data or the potential to yield important
archeological data.
B. The retention of specific aspects of historical integrity, including location,
design, setting, materials, workmanship, feeling, and association, that convey
significance as a heritage resource worthy of preservation.
Subd. 3 Determination Of Eligibility. The 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.
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City of Edina Land Use,Platting and Zoning 850.20
Subd. 7 Public Hearing. On receipt of the heritage landmark nomination documents
and the comments of the state historic preservation office and the city planning
commission, the Council shall hold a public hearing to consider the proposed landmark
designation.
Subd. 8 City Council Designation. The Council may designate a property as an Edina
Heritage Landmark by resolution.
Subd. 9 Designation Of Heritage Landmarks On Zoning Map. The Planning
Commission shall place all designated heritage landmarks on the official city-zoning
map.
Subd. 10 Review Of Permits.
A. To protect significant heritage resources, the 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.
850-101 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
F. To assure compliance with the goals and policies of the comprehensive
heritage preservation plan, the Heritage Preservation Board shall review
every application for a preliminary plat, conditional use permit, variance, or
rezoning in relation to a designated heritage landmark; and the City planning
commission shall give the Heritage Preservation Board a reasonable
opportunity to comment on such projects before making its recommendation
to the Council.
Subd. 11 Appeals Any party aggrieved by a decision of the Heritage Preservation
Board or an administrative official may appeal such decision by filing a written appeal
with the City Clerk no later than ten days after the decision of the Heritage Preservation
Board or the administrative official. If not so filed, the right of appeal shall be deemed
waived and the decision of the Heritage Preservation Board or administrative official
shall be final. Upon receipt of the appeal, the City Clerk shall transmit a copy of said
appeal to the Heritage Preservation Board. The Council shall hear and decide all
appeals in the manner provided by paragraph H of Subsection 850.04 of the Code.
Subd. 12. Violation. Violations of the provisions of this chapter or the conditions of
approval granted thereunder shall be a misdemeanor. This chapter may also be
enforced by injunction, abatement, or any other appropriate remedy in any court of
competent jurisdiction.
Subd. 13 Maintenance Of Heritage Landmark Properties. Every owner or person
in possession of a designated heritage landmark shall keep the property in good repair.
850.21 General Flood Plain District (FD).
Subd. 1. Statutory Authorization, Findings Of Fact And Purpose
A Statutory Authorization: The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility
to local government units to adopt regulations designed to minimize flood
losses. Therefore, the Council does adopt this Subsection 850.21
B. Findings of Fact. In addition to the findings set forth in Subsection 850.01
of this Code, 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.
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.
850-102 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
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.
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.
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City of Edina Land Use, Platting and Zoning 850.21
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
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, stiucture, 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
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City of Edina Land Use,Platting and Zoning 850.21
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
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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.
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).
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City of Edina Land Use,Platting and Zoning 850.21
Subd. 5 Floodway District (FW)
A. Permitted Uses. The following uses are permitted in the Floodway District
if they comply with the standards set out in paragraph B. of this Subd. 5:
1. 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.
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.
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City of Edina Land Use,Platting and Zoning 850.21
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
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
establighed 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.
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City of Edina Land Use, Platting and Zoning 850.21
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
(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.
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.
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City of Edina Land Use,Platting and Zoning 850.21
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.
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
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City of Edina Land Use,Platting and Zoning 850.21
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.
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.
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City of Edina Land Use,Platting and Zoning 850.21
2. Basements shall be subject to the following:
a. Residential basement construction shall not be allowed below
the regulatory flood protection elevation.
b. Non-residential basements may be allowed below the
regulatory flood protection elevation provided the basement is
structurally dry 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.
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City of Edina Land Use, Platting and Zoning 850.21
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.
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.
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City of Edina Land Use,Platting and Zoning 850.21
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.
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
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City of Edina Land Use, Platting and Zoning 850.21
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
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.
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
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.
850-116 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.21
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.
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
850-117 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
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.
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
plain.
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.
850-118 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.21
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
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
850-119 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
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
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
850-120 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
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
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
850-121 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
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
the Commissioner of Natural Resources within ten (10) days of such
action.
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,
flood proofing, filling, dredging, grading, 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.
850-122 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
c. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination, and
unsanitary conditions.
d. The susceptibility of the proposed 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.
850-123 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
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
regulatory flood protection elevation and associated flood factors
for the particular area.
Subd. 12. Nonconforming Uses.
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., FP71 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
850-124 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.21
apply depending upon whether the use or structure is in the Floodway
District, Flood Fringe District or General Flood Plain District,
respectively.
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
850-125 Supplement 2005-02
City of Edina Land Use,Platting and Zoning 850.21
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.
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
plain areas unless it can be shown that the designation is in error or that the area
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
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 Al not published,
amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825 A10 not granted; 825-All 9-2-87,
825-Al2 12-24-86; 825-A13 referred to staff--Council minutes 1-16-87; amended by 825-A14 12-
24-86, 825-A15 2-11-87, 825-A16 2-11-87; 825-A17 not developed; 825-A18 9-2-87, 825-A19 5-
27-87, 825-A20 4-29-89, 825-A21 not developed; 825-A22 3-23-88; 825-23 referred to Planning
Commission 6-06-88; 825-A24 withdrawn; 825-A25 5-03-89, 825-A26 8-24-88, 825-A27 10-30-
91; amended by 825-A28 5-03-89, 825-A29 5-03-89, 825-A30 12-13-89, 825-A31 10-25-89, 825-
A32 12-20-89, 825-A33 1-31-90, 825-A34 8-29-90, 825-A35 8-29-90, 825-A36 8-29-90; 825-A37
reconsidered, 825-A3811-28-90. Amended by Ord. 850-Al 3-3-93; Ord 850-A2 6-30-93;Ord 850-
A3 8-2-93; Ord. 1993-10 8-16-93; Ord 850-A4 8-15-94; Ord 850-A5 9-19-94; Ord. 1995-6 8-7-
95; Ord. 1995-10 12-04-95; Ord 1995-9 2-5-96, Ord 850-A7 5-20-96, Ord 1996-2 9-16-96,Ord
850-A8, 12-16-9; Ord 1997-2 2-18-97, Ord 850-A9, 4-21-97; Ord 850-A10, 4-21-97, Ord 850-
All, 7-7-97; Ord 850-Al2, 9-15-97; Ord 1997-1111-5-97,- Ord 850-A13, 2-17-98, Ord 850-A14,
5-18-98, Ord 850-A15, 9-22-98; Ord 1999-11, I1-16-99; Ord 850-A16, 2-I5-00; 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, Ord 2005-03
5-3-05; Ord 2005-06 6-21-05
850-126 Supplement 2005-02
i it
City of Edina Land Use, Platting and Zoning 850.21
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross-Reference: Sections 185, 445, 705, 801, 805, 810, 815, 1045, 1310, 1345, 1405
Note: The Federal Emergency Management Agency ("FEMA") has established criteria for removing the
special flood hazard area designation for certain structures properly elevated on fill above the 100 year
flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments. These standards should be investigated prior to
initiation of site preparation if a change of special flood hazard area designation will be requested.
850-127 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 850.21
Reference: M.S. 103F, 429, 462, 469.001 to 469.047
Cross-Reference: Sections 185, 445, 705, 801, 805, 810, 815, 1045, 1310, 1345, 1405
Note: The Federal Emergency Management Agency ("FEMA") has established criteria for removing the
special flood hazard area designation for certain structures properly elevated on fill above the 100 year
flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments. These standards should be investigated prior to
initiation of site preparation if a change of special flood hazard area designation will be requested.
850-129 Supplement 2006-02
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.I of this Subsection, no On-Sale 3.2 Percent Malt Liquor License
shall be granted for establishments other than (i) private clubs which have been
incorporated for more than ten years and which own and operate club houses for their
members in which the serving of such liquor is incidental to and not the major purpose
of such club, (ii) restaurants, (iii) golf courses, (iv) the Edina Golf Dome, (v) bowling
centers and (vi) hotels. The provisions of this Subdivision do not apply to Temporary
On-Sale 3.2 Percent Malt Liquor Licenses.
Subd. 4 Wine Licenses. In addition to the requirements of Subd. 1 of this
Subsection, no Wine License shall be granted to any establishment other than a
restaurant located in the PCD-1, PCD-2, PCD-3 Subdistricts, the Mixed Development
District or the Planned Office District.
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. 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 200 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 200 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. For purposes of the preceding sentence, outdoor, seasonal
dining areas shall not be included in the seat count provided that such outdoor seating
comprises 20 percent or less of the total seating capacity of the licensed premises.
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 2005-02
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 2005-02
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 Al 4-24-85; Ord 902-A2 12-11-85;
Ord 902-A3 4-23-86; Ord 902-A4 6-25-86; Ord 902-A6 12-19-89; Ord 902-A7 5-23-90; Ord
902-A8 3-17-91; Ord 902-A9 3-27-91; Ord 902-A9,- Ord 902-A10 4-10-91; Subsection 900.22
repealed by Ord 1993-1 1-20-93; Ord 1993-11 10-27-93; Subsection 900.26 repealed by Ord
1994-10 10-12-94; amended by Ord 1995-11 I2-19-95; 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; Ord 2005-05 6-30-05
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 2005-02
City of Edina Public Utilities 1100.03
CHAPTER 11. PUBLIC UTILITIES
Section 1100 - Sanitary Sewer and Water Utility; Charges
1100.01 Sanitary Sewer and Water Utility Established. The City sanitary sewer and water
system shall be operated as a public utility pursuant to M.S. 444.075 from which revenues will
be derived subject to the provisions of this Section and State Law. The sanitary sewer and
water utility shall be part of the Public Works Department and under the direction of the
Engineer.
1100.02 Purpose for Charges. The rates and charges established by this Section are for the
purpose of paying (i) the share allocated to the City by the Metropolitan Waste Control
Commission established by M.S. 473.503 for the operation and maintenance costs of the
metropolitan disposal system and as defined in M.S. 473.121, Subd. 24, and (ii) the operation,
construction, reconstruction, maintenance, repair, enlargement, improvement, use and
administrative expenses of the City sanitary sewer and water system.
1100.03 Sewer and Water Charges.
Subd. 1 Classifications. The Council may classify sanitary sewer services and
water services according to:
A. Land use and density.
B. Areas with water or sanitary sewer services supplied by other cities.
C. City Park Department and Street Department usage.
All classifications shall be as set forth in Section 185 of this Code.
Subd. 2 Rates. The rates for each classification including flat annual charges and
minimum charges shall be as set forth in Section 185 of this Code.
Subd. 3 Industrial User Extra Strength Charges. To pay the costs allocated to the
City each year by the Metropolitan Waste Control Commission that are based upon the
strength of discharge of industrial users receiving waste treatment services within or
served by the City, there is hereby approved, adopted and established, in addition to the
other charges established by this Subsection, a sewer charge upon each person receiving
waste treatment services within or served by the City based upon strength of industrial
waste discharged into the sewer system of the City. The industrial user extra strength
charges sent to the City by the Metropolitan Waste Control Commission shall be
collected from the user which generated the industrial waste as provided in Subd. 5 of
Subsection 1100.04.
Subd. 4 Other Charges. In addition to the charges permitted by this Subsection,
the City may make charges for the following:
1100 - 1 Supplement 2001-01
City of Edina Public Utilities 1100.04
A. Shutting off or resuming service at the curb stop if done at the customer's
request, if done to terminate service pursuant to Subd. 3 of Subsection 1100.05
or if done to undertake repairs pursuant to Subd. 2 of Subsection 1100.06. The
charge will be in the amount set forth in Section 185 of this Code.
B. Repairs undertaken by the City pursuant to Subd. 2 of Subsection 1100.06.
The charge shall be equal to the cost of the repairs including the cost of
supervision and administration.
C. Replacement or repair of City issued or approved metering devices if
required due to damage or negligence.
D. Surcharges for buildings or premises which are not in conformance with
Subsection 445.08 of this Code.
E. Surcharges for buildings or premises in which the owner, occupant or lessee
has not permitted the City to install a remote radio water meter reading device.
1100.04 Meters; Meter Reading; Billing; Payment.
Subd. 1 Meter Required.
A. All permanent service connections to the City water system shall be metered
by a metering device and remote radio meter reading device issued by the City.
The metering device and remote radio meter reading device shall be installed by
the owner of the property in accordance with Section 440 of this Code.
B. The owner of(i) a residential building with more than four dwelling units or
(ii) any residential building which is served by City sanitary sewer but is not
served by City water, shall install and maintain in good working condition, a
meter on the building's water supply for the purpose of estimating the building's
discharge to the sanitary sewer system. The meter shall be issued by the City,
or in the alternative, the owner may install a sewage metering device approved
by the Engineer.
C. The fee for the issuance of a meter shall be as set forth in Section 185 of this
Code.
D. The City may remove any meter at any time for testing, calibration, or
replacement.
Subd. 2 Meter Reading. The City shall cause each meter required by Subd. 1 of
this Subsection to be read once every three months. If the meter cannot be read when
scheduled, the City may estimate the meter reading based upon the actual water
consumption during the corresponding time period in the then immediately preceding
year, or of the then immediately preceding time period for meters installed less than
one year.
1100 -2 Supplement 2001-01
City of Edina Public Utilities 1100.05
Subd. 3 Basis for Sewer Charge. The basis for the sewer charge shall be:
A. For all uses except single dwelling unit and double dwelling unit buildings
as defined by Section 850 of this Code, the quantity used for computing the
sewer charge shall be equal to either (i) the metered quantity of water used
during each billing period or (ii) the metered discharge to the sanitary sewer
system during each billing period if the building is equipped with a sewage
metering device.
B. For single dwelling unit and double dwelling unit buildings, as determined
by Section 850 of this Code, the metered usage of water as computed following
the meter reading taken in February, March, or April of each year shall be used
to determine the sewer charge for each subsequent billing period for that year.
C. Buildings which are not connected to the City water system, and which are
not required by Subd. 1 of this Subsection to have a sewage metering device
shall be charged the minimum sewer charge provided by Section 185 of this
Code.
D. Metered water services used exclusively for irrigation purposes shall not be
required to pay a sewer charge.
Subd. 4 Basis for Water Charge. The basis for the water charge shall be the
metered usage of water pursuant to Subd. 2 of this Subsection.
Subd. 5 Billing. Following the recording of a meter reading the City shall render a
bill to the owner, lessee, or occupant of the property so metered. The amount of the
bill shall be based upon (i) the metered usage of water or sewer services times the rates
established by Section 185 of this Code, (ii) industrial user extra strength charges sent
to the City by the Metropolitan Waste Control Commission for collection, (iii) any
other charges permitted by this Section.
Subd. 6 Payment, Loss of Discount, Interest. All bills shall be payable at the City
Hall within 21 days of the date rendered. Bills not so paid lose any discount offered,
and the full amount of the bill shall be payable after the said 21 days. Bills not paid
within 30 days of the date rendered shall be charged interest at a rate equal to the lesser
of(i) the highest rate allowed by law, or (ii) two percentage points in excess of the rate
charged by the City on special assessments.
1100.05 Delinquent Accounts, Collection, Termination of Service.
Subd. 1 Notice. If payment is not received within 60 days of the date the bill for
water or sewer services was rendered, the City shall issue a notice to the person whose
name appears on the City's records as being responsible for the account.
A copy of the notice shall also be sent to the owner or manager of the property if
different than the account holder. The name and address of the owner shall be
1100 -3 Supplement 2001-01
City of Edina Public Utilities 1100.05
determined from records maintained by the Assessor or other appropriate records in the
City. The notice shall state that:
A. The City intends to terminate water service (if the property is served by City
water);
B. The reason for the proposed termination of service;
C. The City may certify the delinquent charges to the County for collection in
accordance with Subd. 4 of this Subsection;
D. The City may seek collection of the delinquent charges by any other
remedies; and
E. The time period provided prior to termination of the water service and prior
to certification with the County or before other collection remedies are begun,
for (i) paying the delinquent bill, (ii) requesting an opportunity to discuss the
delinquent bill with a City employee designated by the Manager and identified in
the notice, (iii) requesting a hearing pursuant to Subd. 2 of this Subsection. The
time period provided in the notice shall be not less than ten days after the date of
the notice.
Subd. 2 Hearing. If the notice given in accordance with Subd. 1 of this Subsection
provides for the termination of the water service, the person who is responsible for the
delinquent account may file a written appeal with the Clerk. The appeal must be filed
within ten days of the date of said notice. All appeals under this Subdivision shall be
heard by the Council. The hearing shall be held not later than 30 days after receipt of
the appeal. A notice of the date, time, place and purpose of the hearing by the Council
shall be mailed not less than ten days prior to the hearing to the person who filed the
appeal. No action shall be taken by the City to terminate the service, certify to the
County for collection, or exercise other remedies until the appeal is decided by the
Council. After hearing the oral and written views of the person filing the appeal, other
interested persons and City staff, the Council shall make its decision at the same
meeting or at a specified future meeting.
Subd. 3 Termination of Water Service. The City may proceed to terminate the
water service if:
A. Payment is not received within the time period provided in the notice and no
appeal is received within ten days of the date of the notice; or
B. An appeal is received within ten days of the date of the notice, and the
Council orders termination of the water service following a hearing held
pursuant to Subd. 2 of this Subsection; or
C. No appeal is received but a request to discuss the delinquent bill is received
and a resolution of the delinquent bill is not reached after discussions between
1100 -4 Supplement 2001-01
City of Edina Public Utilities 1100.06
the person responsible for the bill and the designated City employee identified in
the notice.
Subd. 4 Certification of Delinquent Accounts. If payment is not received within
the time period provided in the notice, or if a resolution of the delinquent bill is not
reached, the City may certify the delinquent balance to the County Auditor with taxes
against the property served, for collection as other taxes are collected. Such
certification shall not preclude the City or its agent from recovery of the delinquent bill
using any other available remedy.
Subd. 5 Termination of Service for Two or More Properties. The City may
terminate water service in accordance with this Subsection even if such termination will
affect property in addition to that owned or occupied by the person responsible for the
account. A copy of the notice required by Subd. 1 of this Subsection shall be sent to
the owner of such property that would be affected by the termination of a water service
and said owner shall have the same right to appeal to the Council and to discuss the bill
with the identified City employee as does the person responsible for the account.
1100.06 Water Main or Service Line Defects.
Subd. 1 Water Main Defects. When defects in the City owned water system causes
substantial water loss, any water service may be temporarily discontinued until repairs
are made.
Subd. 2 Service Line Defects. If a service line is defective between the curb stop
and the meter, the property owner shall make necessary repairs within five days after
notification by the City. If repairs are not undertaken within five days, the City may
discontinue service and make the necessary repairs.
History: Ord 1101 codified 1970; amended by 1101-A1 12-23-71, 1101-A2 10-4-73, 1101-A3
5-9-74, 1101-A4 1-14-76, 1101-A5 8-11-76, 1101-A6 11-3-76, 1101-A7 6-28-78, 1101-A8 7-
16-80, 1101-A9 8-13-90, 1101 A10 3-12-86, 1101 All 11-12-86 ; Ord 1998-1; 3-16-98; Ord
2000-1010-17-00
Reference: M.S. 444.075, 412.321, 473.121, 473.501 et seq.
Cross Reference: Sections 185, 440, 850
1100 - 5 Supplement 2001-01
City of Edina Streets and Parks 1235.03
Section 1235 - Municipal Parking Facilities
1235.01 Definitions. Unless the context otherwise indicates, the following terms shall have
the stated meanings:
Business Hours. The hours between 8:00 A.M. and 6:00 P.M. of each day, except
Sunday, or other hours during such days as may be set by resolution of the Council for
any one or more of the municipal parking facilities.
Municipal Parking Facility. Any lot or ramp, and the lanes giving ingress thereto and
egress therefrom, and all accessories thereof, owned or operated by the City or the
Housing and Redevelopment Authority of Edina, Minnesota, herein called "H.R.A.",
and made available to the public for parking of private motor vehicles, whether for a
fee or at no cost. It shall not include parking spaces located along public streets and
highways.
Time Limits. Hourly parking restrictions as specified by resolution of the Council for
all or certain portions of any one or more of the municipal parking facilities.
50th & France Commercial Area. The area within the City included within the plan
prepared by the H.R.A. entitled "50th & France Commercial Area Plan", dated
December 3, 1974.
1235.02 Hours and Location of Parking Limited. No person shall park any vehicle in any
municipal parking facility during business hours, (i) for a period in excess of the time limits,
or (ii) in a location designated as "Contract Parking Only", unless the vehicle displays a
parking sticker issued pursuant to this Section. Persons may park in any municipal parking
facility for any length of time during non-business hours, except for such times as parking may
be prohibited for snow removal, repairs, and like purposes. Provided, however, no overnight
parking shall be allowed.
1235.03 50th & France Employee Permits.
Subd. 1 Location. Vehicles identified by a permit sticker issued by the City under
this Subsection may be parked in excess of the time limits, but only in such locations in
municipal parking facilities in the 50th & France Commercial Area as shall be
designated by the Manager. Locations designated by the Manager shall be those that
are least convenient for patrons of businesses located in the 50th & France Commercial
Area.
Subd. 2 Issuance of Permits. Permit stickers shall be issued by such City
department or City staff as the Manager shall designate, and shall be issued only to
individuals employed in that portion of the 50th & France Commercial Area located in
the City. The maximum number of permit stickers issued in a calendar year for the
50th & France Commercial Area shall be set by resolution of the Council. Persons
1235 - 1
City of Edina Streets and Parks 1235.05
desiring a permit sticker shall apply on forms provided by the Manager. Before
receiving a permit sticker, the recipient shall pay a fee as set forth in Section 185 of this
Code and furnish the name of the recipient's place of employment and a description of
the make, year, body style, color and license number of the vehicle to which it is to be
fastened. Permit stickers shall be numbered consecutively and shall be valid only for
the calendar year in which issued. The City shall keep a record of the permit sticker
number and the description of the vehicle. The permit sticker shall be fastened to the
left rear bumper of the vehicle and shall be visible at all times when the vehicle is
parked in such designated municipal parking facilities. When the vehicle is sold or
traded and another vehicle is acquired, the City, upon application for a new permit
sticker for the remainder of the calendar year, accompanied by a description of the new
vehicle and its license number, shall issue such new permit sticker, without charge, and
show the old permit sticker as having been canceled. When a person to whom a permit
sticker has been issued ceases to be regularly employed upon the premises where such
person was employed when the permit sticker was issued, the employer shall notify the
City of the fact, and the City shall cancel the person's permit sticker.
Subd. 3 Disabled Employees. Employees displaying a State Disabled Permit or
Disabled License Plates need not purchase or display an employee permit pursuant to
this Subsection and may park for periods in excess of the time limits established by this
Section.
1235.04 Posting of Time Limits. The Manager shall post in all municipal parking facilities
the time limits and employee parking areas established by this Section.
1235.05 Operation of Certain Devices Prohibited. No person shall use a skateboard, roller
skates, in line roller skates or blades, bicycles, scooters or similar devices on or within any
municipal parking facility.
History: Ord 1232 adopted 10-13-76; amended by 1232-A1 5-7-80, 1232-A2 9-25-85, 1232-A3
12-13-89; Ord 1995-6 8-17-95
Cross Reference: Section 1850
1235 - 2
City of Edina Trades and Occupations 1300.02
CHAPTER 13. TRADES AND OCCUPATIONS
Section 1300 - Collection and Disposal of Refuse and Recyclables
1300.01 Haulers to be Licensed. No person shall engage in hauling, conveying or collecting
refuse, as defined in Section 705 of this Code, or recyclables, as defined in Section 715 of this
Code unless that person holds a valid license issued under this Section. No license shall be
issued to haul, convey or collect refuse or recyclables in any district established pursuant to
Subsection 705.09 or Subsection 705.10, except an exclusive license shall be applied for and
issued pursuant to this Section to the person authorized by the City to haul, convey, or collect
refuse or recyclables in a district so established.
1300.02 License Procedure and Fee; Insurance; Bond.
Subd. 1 Procedure and Fee. Section 160 of this Code, including the penalty
provisions, shall apply to all licenses required by this Section and to the holders of such
licenses, except that licenses shall be granted or denied by the Sanitarian. In addition to
the information required by Section 160, the application for license or renewal of
license shall be accompanied by a description of the types and makes of vehicles used
for collection, a schedule of the charges to be made in accordance with the
requirements of Subd. 4 of this Subsection, the frequency of service to be rendered and
full information as to where and how the material collected will be disposed of. The
application shall be accompanied by the fee set forth in Section 185 of this Code.
Subd. 2 Insurance. Applicants for licenses or renewals of licenses shall file with
each application a certificate of insurance under which there is coverage as to each
vehicle to be used, for the entire term of the license applied for, for loss or damage to
persons in the amount of$100,000 for each person and $300,000 for each accident, and
for loss or damage to property in the amount of $50,000. Each policy shall provide
that it shall not be canceled, or terminated or modified without first giving notice to the
City.
Subd. 3 Bond. Before obtaining any license under this Section, except an exclusive
license issued in a district established by Subsection 705.09 or 705.10 of this Code, the
applicant shall file with the Clerk a bond naming the City as obligee in the penal sum of
$1,000 for each vehicle the applicant uses to collect refuse or recyclables in the City.
The Bond shall be conditioned that the applicant shall save the City harmless for all
actions, damages and expenses arising from the applicant's failure to comply with any
provisions of this Code. Before granting any exclusive license for a district established
by Subsection 705.09 or Subsection 705.10 of this Code, the exclusive licensee shall
have on file with the Clerk a bond naming the City as obligee in the penal sum of not
less than $25,000 for each district, or in the penal sum of not less than $100,000 if the
district covers the whole of the City. The bond shall be conditioned that the applicant
shall save the City harmless for all action, damages and expenses arising from failure to
comply with any provisions of this Section or exclusive license.
1300 - 1
City of Edina Trades and Occupations 1300.05
The bond shall be submitted on forms provided by the Clerk. The surety shall be a
corporation duly authorized to act as such under laws of the State. The term of the
bond shall be continuing and shall not terminate until 30 days after the date when the
Clerk receives written notice of the termination by registered mail.
Subd. 4 Volume Based Fees. The applicant shall submit a schedule of refuse
collection charges which shall be in direct relationship to the volume or weight of
refuse collected from each customer.
1300.03 Decals to be Placed on Vehicles. Whenever a license or renewal has been issued,
the Sanitarian shall furnish the licensee a decal for each vehicle. The decal shall be worded as
to signify that the vehicle is licensed by the City. The licensee shall apply the decal to the
forward left side of the body of each vehicle licensed.
1300.04 Vehicles.
Subd. 1 Specifications. The body of every vehicle licensed under this Section shall
be constructed entirely of metal, or the space in the vehicle in which refuse or
recyclables is kept shall be completely lined with metal. All joints shall be closed so
that no dripping or leaking or drain off of water, liquid or any substance can occur.
The loading space shall be provided with a tight metal hood having an opening fitted
with metal doors, or shall be provided with a heavy tarpaulin or equivalent cover fitted
with eyes, grommets, tie ropes or hooks so that the cover can be held securely over the
loaded refuse. Refuse and recyclables shall be loaded so that none of the materials can
jar loose and fall from the vehicle. Loose paper and other materials shall be secured so
they cannot be dispersed by wind or fall from the vehicle.
Subd. 2 Cleanliness. Every licensed vehicle used for collecting refuse shall be
steam cleaned at least every week to prevent persistent odors, and shall be steam
cleaned before being used for any other purpose.
Subd. 3 Marking of Vehicles. Every vehicle used to collect refuse shall have the
name of the owner or operator on the body, or placed on a durable metal or wood
plaque which shall be fastened to the body when the vehicle is used for collecting refuse
or recyclables.
Subd. 4 Containers Used in Vehicle. Containers used to store or carry refuse in any
licensed vehicle shall comply with the requirements of Subsection 705.02.
1300.05 Collection of Compostable Materials. Haulers shall collect from residential
customers and segregate from other refuse, all grass clippings and leaves which have been
separated from other refuse and placed in bags designed for compostable materials. Haulers
shall report to the Sanitarian the amount, by weight, of the leaves and grass clippings delivered
to compost disposal sites approved by the County for the four-month periods ending April 30,
August 31 and December 31. The reports shall be submitted within 15 days following the end
of each four month period.
1300 - 2
City of Edina Trades and Occupations 1300.08
1300.06 Recyclable Collections Service. All persons licensed under this Section who haul,
convey or collect refuse from residential buildings containing three or more dwelling units
shall offer recyclable collection service to such buildings.
1300.07 Recycling Reports. Within 30 days after the end of each calendar quarter and upon
request made by the Sanitarian, each licensed hauler shall provide the City such information as
is then requested by the Sanitarian on forms prescribed by the Sanitarian, relative to the
recyclables collected during the period subsequent to the prior report to the City. The report
shall include the amounts and kinds of recyclables and the markets used for the sale of, and
primary purchaser of, recyclables.
History: Ord 1301 codified 1979; amended by 1301-AI 3-4-71, 1301-A2 11-25-81, 1301-A3 5-
25-88, 1301-A4, 6-14-89, 1301-A5 12-19-90
Cross Reference: Sections 160, 185, 705, 715
1300 - 3
City of Edina Trades and Occupations 1341.02
Section 1341 - Physical Culture and Health Services and Clubs
1341.01 Definitions. Unless the context otherwise clearly indicates, the following terms
shall have the stated meanings:
Escort Service. Any business which provides male or female accompaniment services
to its customers for a fee or other valuable consideration.
Massage. The rubbing, pressing, stroking, kneading, tapping, rolling, pounding,
vibrating, or stimulating the superficial parts of the human body with the hands or any
instrument by a person who is not duly licensed by the State to practice medicine,
surgery, osteopathy, chiropractic, physical therapy or podiatry.
"Physical Culture and Health Services," "Physical Culture and Health Club,"
"Reducing Club," "Reducing Salon," "Massage Parlor." Any building, room,
structure, place, or establishment used by the public other than a hospital, sanitarium,
rest home, nursing home, boarding home or other institution for the hospitalization or
care of human beings, duly licensed under the provisions of M.S. 144.50 through
144.703, inclusive, where non-medical and non-surgical manipulative exercises or
massages are practiced upon the human body for a fee or other valuable consideration
by anyone not duly licensed by the State to practice medicine, surgery, osteopathy,
chiropractic, physical therapy or podiatry, with or without the use of mechanical,
therapeutic, or bathing devices.
Sauna Parlor. An establishment or business the principal use of which is the provision
of a room or rooms used by the public for bathing, relaxing or reducing purposes
utilizing steam or hot air as a cleaning, relaxing or reducing agent.
1341.02 Business License Required.
Subd. 1 Limiting Business Licenses. It is found and determined that the type of
business activity subject to being licensed under this Section is particularly subject to
abuse which may take a number of forms contrary to the morals, health, safety and
general welfare of the community. Further, it is found that control of these abuses
requires intensive efforts of the Police Department as well as other departments of the
City. These efforts exceed those required to control and regulate other business
activities licensed by the City. This concentrated use of City services tends to detract
from and reduce the level of service available to the rest of the community and thereby
diminishes the ability of the City to promote the general health, welfare, morals and
safety of the community. Therefore, the number of business licenses which may be in
force under this Section at any one time shall not exceed four.
Subd. 2 Requiring License and Defining Businesses Operating within City. No
person, partnership, corporation, or other organization shall operate a physical culture
and health service or club, reducing club or salon, sauna parlor, massage parlor, or
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City of Edina Trades and Occupations 1341.02
escort service within the City, either exclusively or in connection with any other
operation or enterprise, unless such business is currently licensed under this Section. A
business is operating within the City, regardless of whether the business premises are
actually located within the corporate limits of the City, if the business premises serve as
a point of assignment for employees who perform escort services within the corporate
limits of the City, including, but not limited to, telephone referral business.
Subd. 3 Certain Businesses Exempt.
A. The preceding provisions of this Section notwithstanding, no business license
shall be required for a business establishment which offers massage as an accessory
use if it meets all of the following criteria as evidenced by affidavits and other
documents submitted to and in form and substance reasonably acceptable to the
Clerk:
1. The principal activity of the business shall not be a massage parlor, sauna
parlor, or escort service;
2. The annual gross revenue of the business from performing massage is less than
25% of the total annual gross revenue of the business as shown by financial
statements or an affidavit signed by the authorized Officer of the business. In lieu
of delivery of the aforementioned affidavit, at the direction of the City, the
business shall be required to deliver, a certification from a certified public
accountant, acceptable to the Manager, that the annual gross revenue from massage
services, for the preceding twelve months, is less than 25% of its total annual gross
revenue for such period of time.
3. The room or rooms where massage is performed shall not have an exclusive
entrance from or exit to the exterior of the building in which the principal business
is located or to a public concourse or public lobby. Notwithstanding the foregoing,
massage may be performed by an individual at the residence of the person
receiving the massage.
4. All fees or other consideration derived from performing massage shall be
received by and accounted for by the proprietor of the principal business.
5. All individuals performing massage in connection with the business shall be
employees of the principal business or shall be independent contractors or agents
who perform massage pursuant to a written agreement with the owner of the
principal business.
B. Any business that requests an exemption from the business license requirement
shall submit the required affidavits and documents on an annual basis. The
exemption request shall be due on or before the first day of June of each year.
1341.03 License Application and Procedures. Every application for a license under this
Section shall be made on a form supplied by the Clerk and shall be filed with the Clerk. The
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City of Edina Trades and Occupations 1341.03
provisions of Section 160 of this Code shall apply to all licenses required by this Section and to
the holders of such licenses. In addition to the information required by Section 160 of this
Code, the application for a license under this Section shall contain the following information.
Failure to complete or supply such information may cause a license to be denied.
A. Whether the applicant is a natural person, a partnership, a corporation, or
other form of organization.
B. If the applicant is a natural person:
1. The true name, place and date of birth, current address and telephone
number of the applicant.
2. Whether the applicant has ever used or has been known by a name
other than the applicant's true name; and if so, such name or names and
information concerning dates and places where used.
3. A specific statement as to the type and nature of the business to be
licensed.
4. The name of the business, if it is to be conducted under a name other
than the full individual name of the applicant, in which case a certified
copy of the certification required by M.S. Chapter 333, shall be attached
to the application.
5. The addresses at which the applicant has lived during the previous
five years, including a statement of how long the applicant has been
continuously a resident of the State during the period as of and
immediately preceding the date of application.
6. The kind, name and location of every business or occupation in
which the applicant has been engaged during the preceding five years.
7. The names and addresses of the applicant's employer(s) and
partner(s), if any, who were such at any time during the preceding five
years.
8. Whether the applicant has ever been convicted of any felony, crime,
or violation of any provisions of this Code or State Law other than traffic
violations and, if so, information as to the time, place and offense for
which convictions were had.
C. If the applicant is a partnership:
1. The names and addresses of all partners and all information
concerning each partner as is required of an applicant under paragraph
B. of this Subsection.
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City of Edina Trades and Occupations 1341.03
2. The names(s) of the managing partner(s), and the interest of each
partner in the business.
3. A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to trade
name under the provisions of M.S. Chapter 333, a certified copy of such
certification shall also be attached.
D. If the applicant is a corporation or other organization.
1. The name of the applicant, and if incorporated, the state of
incorporation.
2. A true Certificate of Good Standing, dated as of a current date, and
true copies of the Articles of Incorporation or Association Agreement
and Bylaws shall be attached to the application. If a foreign corporation,
a Certificate of Authority issued pursuant to M.S. Chapter 303, shall
also be attached.
3. The name of the person(s) who is to manage the business and all
information concerning the person(s) as is required of an applicant under
paragraph B. of this Subsection.
4. The names of all officers, directors and persons who control or own
an interest in excess of 5% in such corporation or organization and all
information concerning the persons as is required of an applicant under
paragraph B. of this Subsection.
E. The location of the business premises.
F. Whether the applicant is licensed in other communities or has had a license
revoked, or has been denied a license, to conduct any of the activities required
to be licensed hereunder; and if so, when and where the applicant is or was so
licensed, has had a license revoked or has been denied a license.
G. The names and addresses of those individuals to be employed by the
applicant and who may work within the City.
H. The names, residences and business addresses of three residents of the
County, not related to the applicant or financially interested in the business to be
licensed, who may be referred to by the City for information as to the
applicant's character. If the applicant is a partnership, three such names shall be
supplied for each partner, and if the applicant is a corporation or other
organization, three such names shall be supplied for each officer of the applicant
and each manager of the business.
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City of Edina Trades and Occupations 1341.06
I. The amount of capital investment to be made by the applicant in the premises
described in the application to operate the business to be licensed. Capital
investment shall mean the amount of money that the applicant actually invests to
acquire, refurbish, repair, remodel, or furnish the premises, including moneys
invested to comply with Subsection 1341.14. This paragraph shall not apply to
any applicant for a license to operate only an escort service.
J. A financial statement, certified as being true and correct by an independent
accountant, showing the gross income of the business to be licensed for the last
three fiscal years of such business, or shorter period of time that the applicant
may have been in the business to be licensed, itemized as to each activity of the
business including, without limitation, the gross income from performing
massage.
1341.04 Execution of Application. All applications for any license under this Section shall
be signed and verified by the oath of the applicant. If the application is that of a natural
person, it shall be signed and verified by such person; if by a partnership, by all the partners;
if by a corporation, by two of its officers, and if by an unincorporated association, by its
manager or managing officer. Any falsification of information on any license application shall
result in the denial of the license applied for, and shall constitute adequate grounds for the
suspension or revocation of any license issued to the applicant.
1341.05 License and Investigation Fees.
Subd. 1 License Fee. Each application for a license or renewal license shall be
accompanied by payment in full of the required license fee. The fee for a business
license shall be as set forth in Section 185 of this Code. Upon rejection of any
application for a license, the Clerk shall refund the amount paid.
Subd. 2 Investigation Fee. At the time of each original application for a business
license, the applicant shall deposit an investigation fee as set forth in Section 185 of this
Code. The cost of the investigation will be based on the expense involved. All deposit
monies not expended on the investigation will be refunded to the applicant.
1341.06 Investigation. All applications shall be referred by the Clerk to the Police
Department and to such other City departments for investigation of the applicant's character
and verification of the facts set forth in the application. Within 60 days after the application
date, the Police Chief and any other consultants shall submit a written recommendation to the
Manager as to issuance or non-issuance of the license, setting forth the facts upon which the
recommendation is based.
1341.07 Approval or Denial of Application. Within 90 days after the application date, the
Manager shall either approve or deny the application and shall notify the Clerk in writing of
the decision. If the application is approved, the Clerk shall issue the license. If the application
is denied, the Clerk shall furnish written notice of the denial to the applicant, together with the
reason or reasons for denial. In addition to the reasons set forth in Subsection 160.04 of this
Code a license may also be denied for any of the following reasons:
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City of Edina Trades and Occupations 1341.08
Subd. 1 Under Legal Age. If an individual applicant is under the age of 18.
Subd. 2 Convictions. If the applicant, or any officers, managers, directors,
shareholders or owners, if a corporation or association, or any partners, if a
partnership, has been convicted of a felony, or has been convicted of any illegal
conduct involving moral turpitude, dishonesty, fraud, deceit or misrepresentation.
Subd. 3 Conviction without Sufficient Rehabilitation. If the applicant, or any
principal officers, managers, directors, shareholders or owners, if a corporation or
association, or any partners, if a partnership, has been convicted of any crime or crimes
directly relating to the occupation of massage and escort services, as provided in M.S.
364.03, Subd. 2, and has not shown competent evidence of sufficient rehabilitation and
present fitness to perform the duties of the occupation of massage or escort services, as
provided in M.S. 364.03, Subd. 3.
Subd. 4 Prior Denial of License. If the applicant, or any principal officers,
managers, directors, shareholders or owners, if a corporation or association, or any
partners, if a partnership, has within one year prior to the date of application been
denied a license under this Section, or any similar ordinance of any municipality within
the State, or within the period has had revoked any license issued under this Section, or
any similar ordinance of any municipality within the State.
Subd. 5 Zoning Restriction. If the business to be licensed is not permitted by
Section 850 of this Code upon the premises described in the application.
Subd. 6 Failure to Meet Construction Requirements. If the premises described in
the application for a business license fail to comply with the requirements of Subsection
1341.14.
Subd. 7 Capital Investment Less than $10,000. If the applicant's planned capital
investment in the premises described in the application to operate the business to be
licensed is less than $10,000. This paragraph shall not apply to any license application
to operate only an escort service.
1341.08 Renewal Application. Not less than 30 nor more than 60 days before the
expiration of any license issued pursuant to this Section, any license holder desiring to renew
the license shall submit a written application to the Clerk on forms provided by the City
together with payment in full of the license fee as required for the original license. The
renewal application shall be forwarded to the Manager who shall, within 30 days after the
renewal application date, either approve or deny the application and shall notify the Clerk in
writing of the decision. The Clerk shall then issue the license or, in case of denial, notify the
applicant in writing of the denial setting forth the reason or reasons therefor.
1341.09 Appeal to Council. Any applicant may appeal the denial of a license or a license
renewal by filing a written notice of appeal to the Council in the Clerk's office within 10 days
after the denial. The Council shall hear the appeal within 60 days after the notice is filed, and
1341 - 6 Supplement 2003-01
City of Edina Trades and Occupations 1341.13
opportunity shall be given to any person to be heard in favor of or opposing the issuance or
renewal of the license. The Council may order and conduct such additional investigation as it
deems necessary. Any licensee is authorized to continue to operate until final action by the
Council upon licensee's renewal application, unless prohibited by Council resolution made
after the denial.
1341.10 License Not Transferable; Duration. Each license shall be issued to the applicant
only and shall not be transferable to another holder. Any change in the persons named as
partners on the application, as required by paragraph C.1 of Subsection 1341.03 and any
change in the persons who are named in the application as required by paragraph DA of
Subsection 1341.03 shall be deemed a transfer for purposes of this Section. If the licensee is a
limited partnership, a change in the limited partners of less than 25% cumulatively over the
license period shall not be deemed a transfer. The change in or addition of a vice-president,
secretary, or treasurer of a corporate licensee shall not be deemed a transfer. All licenses
issued pursuant to this Section shall be effective from July 1 through June 30.
1341.11 Suspension or Revocation of License. The Council may suspend for any period
not exceeding 60 days, or revoke, any license issued pursuant to this Section upon finding a
violation of any provision of this Section or upon violation of any other provision of this Code
or State Law or regulation affecting the activities covered by this Section. Any conviction for
prostitution or any other crime or violation involving moral turpitude shall result in the
revocation of any license issued under this Section. Except in the case of a suspension pending
a hearing on revocation, revocation or suspension by the Council shall be preceded by written
notice to the licensee of a hearing. The notice may be served upon the licensee personally or
by mailing it to the business or residence address set forth in the application or on file with the
Clerk. The notice shall give at least ten days notice of the time and place of the hearing and
shall state the nature of the charges against the licensee. The Council may, without notice,
suspend any license pending a hearing on revocation for a period not exceeding 30 days.
1341.12 Hours of Operation. No business licensed under this Section shall be open for
business, nor shall any persons or customers be permitted on the premises, between the hours
of 10:00 P.M. and 7:00 A.M.
1341.13 Restrictions and Regulations.
Subd. 1 Notice of Change in Management. The individual designated by a
partnership or a corporation in its business license application to be manager and in
responsible charge of the business shall remain responsible for the conduct of the
business until another suitable person has been designated in writing by the license
holder. The license holder shall promptly give the Police Department written notice of
any such change indicating the name and address of the new manager and the effective
date of the change.
Subd. 2 Clothing Requirements. Employees of businesses licensed under this
section shall be and shall remain fully clothed while performing massage.
1341 - 7
City of Edina Trades and Occupations 1341.14
Subd. 3 Location of Services. No person shall perform a massage for a fee or
other consideration at any place other than (i) a physical culture and health service,
physical culture or health club, reducing salon, sauna parlor, or massage parlor that has
been duly licensed pursuant to Subd. 2 of Subsection 1341.02, (ii) a business which is
exempt from a business license pursuant to Subd. 3 of Subsection 1341.02, or (iii) the
residence of the person receiving the massage.
Subd. 4 No Services Allowed by Sexually Oriented Businesses. No person shall
perform a massage for a fee or other consideration in connection with a Sexually
Oriented Business as defined by Subsection 850.03 of this Code.
1341.14 Construction Requirements. No business license shall be issued under this
Section for other than an escort service unless the premises used for the operation shall comply
with the following requirements:
Subd. 1 Requirements for Steam or Hot Air Rooms. All rooms utilizing steam or
hot air as a cleaning, relaxing or reducing agent, and all restrooms, changing rooms
and bathrooms used in connection with such rooms, shall be constructed with materials
impervious to moisture, bacteria, mold and fungus growth. Floor-to-wall and wall-to-
wall joints shall be constructed so as to provide a sanitary cove with a minimum radius
of 3/8 inch.
Subd. 2 Public Restroom Requirements. All public restrooms shall be provided
with mechanical ventilation with 2 cfin (cubic feet per minute) per square foot area, a
minimum of 15 foot candles of illumination, a hand washing sink equipped with hot and
cold running water under pressure, sanitary towels with dispensers and soap with
dispensers.
Subd. 3 Requirements for Janitor's Closet. Each such operation shall have a
janitor's closet for the storage of cleaning supplies with a mop sink, mechanical
ventilation with 2 cfin per square foot area and a minimum of 15 footcandles of
illumination.
Subd. 4 Lockers. Individual lockers shall be provided for use by customers and
shall have separate keys for locking.
1341.15 Maintenance; Sanitary Conditions; Communicable Disease.
Subd. 1 Clean and Sanitary Business. All businesses licensed under this Section at
all times shall be kept in a clean and sanitary condition.
Subd. 2 Clean and Sanitary Instruments. All instruments and mechanical,
therapeutic, and bathing devices or parts that come into contact with the human body at
all times shall be kept clean and sanitary.
1341 - 8
City of Edina Trades and Occupations 1341.17
Subd. 3 Towels and Linens. No towels and linens furnished for use by one patron
shall be furnished for use by another until thoroughly laundered.
Subd. 4 Hand Washing. All individuals who-practice massage shall wash their
hands before each massage.
Subd. 5 Communicable Disease. No person suffering from a communicable
disease shall work or be employed in a licensed business. No person suffering from a
communicable disease to the knowledge of the owner, custodian, or employees of a
licensed business shall be accommodated as a patron.
1341.16 Inspection. Each business required to be licensed shall at all times be held open
for inspection by duly authorized representatives of the City.
1341.17 Barber Shops and Beauty Salons Exempted. Barber shops and beauty salons
which do not give, or hold themselves out to give, massages, other than are customarily given
in such shops and salons for the purpose of facial beautification only shall not be subject to the
provisions of this Section.
History: Ord 1353 adopted 1-17-79; amended 1353-AI 11-28-84; 1353-A2 7-16-86; Ord 1352
repealed I1-28-84; Ord 1994-5 5-4-94; Ord 2001-1, 2-1-00 replaced 1340 with 1341
Reference: M.S. 144.50 through 144.703, 333, 364.03, Subd. 2, 136C
Cross Reference: Sections 160, 185, 850
1341 - 9