HomeMy WebLinkAbout2007-02 Supplement Old Pages T `3
Memorandum
Date: July 6, 2007
To: Edina Code of Ordinance Users
From: Deb Mangen, City Clerk
RE: Code Supplement 2007-02 and 2007-03
1 am sending you the newest update for your Edina City Code book, Supplement No. 2007-02 and 2007-3. This
supplement contains all ordinances adopted by the City Council from March 20, 2007 through July 3,2007.
Please replace the following pages as noted:
Section 185-Schedule A—Replace pages 8, 9& 10, amended by Ord. No. 2007-07 Water
Surcharges
G Section 145—Remove—repealed by Ord.No.2007-05
Section 146—New section-Establishing Energy&Environment Commission, Ord. No. 2007-05
Section 805—Amended by Ord. No. 2007-05, Energy&Environment Commission
C LSection 850—Replace entire section, amended by Ord. No. 2007-08, Ord. No.2007-09, Ord. No.
2007-12, and Ord. No.2007-13
-Section 1040—Replace entire section, amended by Ord. No. 2007-10
Section 1055—Replace entire section, reformatted
Section 1115- Amended by Ord. No. 2007-07—Replace entire section
Section 1220—Amended by Ord. No. 2007-05, Energy&Environment Commission
,,Section 1221 —Amended by Ord. No. 2007-11 —Replace entire section
Section 1315—Replace entire section, reformatted
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!
Lk'kM1-11A
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 121 - Special Board of Appeal and Equalization
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 2006-2
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
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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 2006-2
City of Edina General Code Provisions and Administration 145.05
Section 145 - Recycling and Solid Waste Commission
145.01 Policy and Establishment. The Council, recognizing the need to conserve natural
resources and discourage waste, and in order to improve thereby the overall welfare of the
citizens of the City, does hereby establish the Recycling and Solid Waste Commission (the
"Commission").
145.02 Duties. The Commission shall assist and advise the Council on matters relating to the
establishment and operation of recycling and solid waste programs and policies in the City and
shall make and furnish such studies,reports and recommendations as the Council may request.
145.03 Membership. The Commission shall consist of six members appointed by the Mayor
with the consent of the majority of the Council. One member of the Commission may be a high
school student. All members of the Commission shall be residents of the City and shall be
appointed for a term of three years, except that a student member shall be appointed for a term of
one year. Members shall serve until a successor has been appointed. Upon termination of a
member's term, that member's successor shall be appointed for the remainder of such term.
Members of the Commission shall serve without compensation and may resign voluntarily or be
removed by a majority vote of the Council pursuant to Section 180 of this Code. Commission
members who discontinue legal residency in the City may be removed from office by the Mayor
with the consent of a majority of the Council.
145.04 Organization. The Commission shall:
A. Elect from its members a chair and a vice chair, each of whom shall serve for a period
of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be furnished
by the City. If a secretary is assigned by the City, the secretary shall perform only such
clerical duties on behalf of the Commission as may be assigned by the chair with the
consent of the Manager. Additional advisory staff may be assigned to the Commission by
the Manager.
145.05 Meetings. All meetings of the Commission shall be open to the public, be governed
by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The Commission shall
hold its regular meetings on such fixed date and in such fixed place as it from time to time shall
determine. The minutes of all meetings shall be recorded and a copy thereof transmitted to each
member of the Council.
History: Ord 107 10-24-74; amended by Ord 107-AI 11-21-74; Ord 1999-6 3-1-99; Ord 2001-9
11-5-01
Cross Reference: Section 180
145 - 1 Supplement 2001-01
City of General Code Provisions and Administration 18! Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
850 850.20 Subd. 10 Certificate of Appropriateness 175.00
900 900.07 Subd. 1 Liquor License Fees (per year) On-Sale Club License
300.00 Under 200 members
500.00 201-500 members
650.00 501-1000 members
850.00 1001-2000 members
1,000.00 2001-4000 members
2,000.00 4001-6000 members
3,000.00 over 6000 members
8,500.00 On-Sale Intoxicating License - Restaurants only
590.00 3.2 Beer License Off or On Sale
2,000.00 Wine On-Sale- Restaurants only
200.00 per event- Temporary On-Sale Intoxicating- Max 3 days by MS
80.00 per event- Temporary On-Sale 3.2 Malt Liquor
200.00 Sunday On-Sale License-Restaurants only
1020 1020 False Automatic Alarm 110.00 for the 2nd thru 4th response within one calendar year
200.00 for the 5th and subsequent false alarm within one calendar year
1040 1040.08 Loudspeaker Permit 19.00
1045 1045.05 Variance Fee RV's, Boats, etc. Storage 50.00
1100 1100.03 Subd. 2 Sewer Service Charge: Based upon water usage during winter quarter. (November 1 to March 1)
Single Family Dwellings, Townhouses,
Two-Family Dwellings, Apartment
Buildings Containing Four or Less 39.20 Per quarter up to and including 1600 cubic feet
Dwelling Units: 2.45 Additional from 1601 cubic feet and over
Apartment Buildings with More Than 35.28 Per quarter for each unit over four or
Four Dwelling Units: 2.45 per 100 cubic feet of water used during the quarter, whichever is greater
Commercial and Industrial Buildings, 39.20 Per water meter or approved sewage metering device on premises, or
Including Schools and Churches: 2.45 per 100 cubic feet of water used during the quarter, whichever is greater
1100 1100.03 Subd. 3 Industrial User Extra Strength Charges As allocated to City by Metropolitan Waste Control Commission
1100 1100.03 Subd. 4.A Shutting Off or Turning On Curb Water 25.00 For each turn-on and each shut-off.
Stops at Customer's Request or Due to
Non-payment of Bill
1100 1100.04 Subd. 1.0 Issuance of Water Meter Cost of water meter, plus handling charges
1100 1100.03 Subd. 2 Water Service, Residential 1. Per 100 cubic feet for areas of City, except as described in#2 below
0.93 Per 100 c.f. up to 3500 cubic feet
1.23 Per 100 c.f. from 3600 cubic feet to 6500 cubic feet
1.93 Per 100 c.f. over 6500 cubic feet
185-8 (Effective 1/16/07) Supplement 2007-01
City of Edina General Code Provisions and Administration 185.01 - Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
Water Service, Residential-Morningside Area 2.78 2. Per 100 cubic feet- Morningside area and for east side of Beard
Ave. from West 54th to Fuller St. and both sides of Abbott Pl. from
West 54th St. to Beard Ave.
Water Service, Commercial
Domestic accounts used by commercial 0.93 Up to 3500 cubic feet
and industrial buildings, including schools 1.23 Over 3500 cubic feet
and churches
Lawn watering accounts used by 1.23 Up to 3500 cubic feet
commercial and industrial buildings, 1.93 Over 3500 cubic feet
including schools and churches
Meter Charge: 11.29 Per quarter for up to 3/4 inch meter
15.38 Per quarter for 1 inch meter
1100 1100.03 Subd. 2 Water Service (Meter Charge) cont. 17.54 Per quarter for 1 1/4 inch meter
19.73 Per quarter for 1 1/2 inch meter
31.78 Per quarter for 2 inch meter
120.68 Per quarter for 3 inch meter
153.60 Per quarter for 4 inch meter
Flat Annual Charges as Follows: 0.00 Park Department for water used for sprinkling and skating rinks
0.00 Street Department for water used for flushing street
1105 1105.01 Subd. 1 Service Availability Charge (SAC) 1,675.00 Per SAC unit X number of SAC units computed pursuant to Subsection
1105.01, Subd, 1 of this code
1105 1105.02 Charge for Connection to City Water or 2,000.00 Minimum or assessment cost of like abutting properties
Sewer System
1110 1110.03 Storm Water Drainage Charge 14.39 Per quarter pursuant to formula in Subsection 1110.03
1205 1205.01 Curb Cut Permit 40.00
1230 1230.07 Sidewalk Cafe Permit 633.00
1230.08 Temporary Liquor License Special Permit 315.00 Per event
1235 1235.03 Subd. 2 Parking Permit 4.00 per month pro-rated
Refund Parking Permit- Sticker Must 4.00 per month pro-rated
Be Returned
1300 1300.02 Subd. 1 Refuse or Recycling Hauler's License 300.00 per year for 1st vehicle
95.00 per year for each additional vehicle
1311 1311.03 Peddler/Solicitor Permit 30.00 per permit-valid for 14 calendar days
1311.04 Subd. 1 Registration for Peddling/Soliciting 50.00 per registration-valid for 90 calendar days
1325 1325.03 Tobacco Sale License 350.00 per location
1341 1341.02 Registration for Massage Therapists 15.00 Per therapist for those businesses exempt from licensure
185 - (Effective 1/16/07) Suppl 2007-01
City of] General Code Provisions and Administration 185 Schedule A
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
1341 1341.05 Physical Culture &Health Service or 278.00 Business License
Club, Reducing Club or Salon, Sauna
Parlor, Massage Parlor or Escort Service
License
1341 1341.05 Investigation Fee- Business License 1,500.00
1345 1345.05 Subd. 1 Sexually-oriented Business License 5,000.00 per year
1345 1345.05 Subd. 2 Business License 1,500.00 At time of original application
1350 1350.06 Subd. 1 Commercial Photography 29.00 Manager Permit- Still Photography
118.00 Manager Permit- Motion Photography
335.00 Council Permit
1400 1400.12 Truck Restrictive Road Permit 60.00
1410 1410.01 Redemption of Impounded Vehicle Fee as posted in Police Department
185-10 (Effective 1/16/07) Supplement 2007-01
City of Edina Land Use, Platting and Zoning 805.03
Section 805 - Planning Commission
805.01 Establishment. The Planning Commission (the "Commission") of the City is to
continue. It shall serve as the planning agency within the meaning of M.S. 462.351 through
462.364. In such capacity, the Commission shall be advisory to the Council.
805.02 Powers, Duties, and Responsibilities. The Commission shall:
Subd. 1 Comprehensive Plan. Prepare, review, and make recommendations to the
Council as to the Comprehensive Plan of the City, as defined in Section 810 of this
Code, or any other sections of this Code, including, but not limited to, a land use plan,
a transportation plan, a community facilities plan, a capital improvements program, a
parks and open space plan, and a housing plan, with recommendations as to plan
execution.
Subd. 2 Platting. Review and make recommendations to the Council as to all
proposed plats and subdivisions, as defined in Section 810 of this Code, in accordance
with the provisions of Section 810 and State law.
Subd. 3 Zoning. Review and make recommendations to the Council as to all
proposed amendments to Section 850 of this Code, in accordance with the provisions of
Section 850 and State law.
Subd. 4 Heritage Preservation. Review and make recommendations to the Council
as to the reports and recommendations of the Heritage Preservation Board regarding
preservation of lands and buildings of historical, architectural, cultural, and educational
significance pursuant to Section 801 of this Code.
Subd. 5 Low and Moderate Cost Housing. Review and make recommendations to
the Council as to matters referred to it by the Council relating to the provision of low
and moderate cost housing.
Subd. 6 Environment. Develop and make recommendations to the Council, and
make such studies as the Council may request, for the purpose of fostering the
maintenance and improvement of the City's environmental quality, including, but not
limited to, such matters as the mitigation of air, water, and noise pollution, and the
enhancement and preservation of wildlife and natural areas with the City.
Subd. 7 Commercial, Industrial, or Residential Redevelopment. Review and
make recommendations to the Council on matters the Council may request relating to
major commercial, industrial, or residential redevelopments in the City.
805.03 Representatives to Zoning Board of Appeals. All members of the Commission
except student members are to continue as representatives of the Commission to the Zoning
Board of Appeals. Any such representative is authorized to review and report, for or on behalf
805 - 1 Supplement 2005-02
City of Edina Land Use, Platting and Zoning 805.07 '
of the Commission, to the Zoning Board of Appeals on matters coming before the Zoning
Board of Appeals.
805.04 Membership. The Commission shall consist of nine residents of the City appointed
by the Mayor with the consent of a majority of the members of the Council. In addition, to the
nine voting members, one member of the Commission may be a high school student, who shall
be a non voting member. Commission members shall be appointed with due regard to their
fitness for the efficient dispatch of the functions, duties, and responsibilities vested in and
imposed upon the Commission. Members shall be appointed for terms of three years
commencing on February 1, except that a student member shall be appointed for a term of one
year, commencing on a date determined by the Mayor with the consent of the Council. A
Commission member, following expiration of that member's term, may be reappointed by the
Mayor with the consent of a majority of the members of the Council. Upon expiration of a
term, a member shall continue to serve until that individual's successor is appointed. Any
individual appointed to fill a vacancy occurring prior to the expiration of the term for which
that individual's predecessor was appointed shall be appointed for the remainder of such term.
Members of the Commission shall serve without compensation and may resign voluntarily or
be removed by majority vote of the Council or pursuant to Section 180 of this Code.
Commission members who discontinue legal residency in the City shall be automatically
removed from office effective as of the date of such discontinuance.
805.05 Organization.
Subd. 1 Chair and Vice Chair. The Commission shall elect a chair and vice chair
from among its members for a term of one year.
Subd. 2 Bylaws. The Commission shall adopt bylaws as shall be necessary or
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desirable for the conduct of its business.
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805.06 Meetings. All meetings of the Commission shall be open to the public, be governed
by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The Commission
shall hold its regular meetings on such fixed date and in such fixed place as it from time to
time shall determine. The minutes of all meetings shall be recorded and a copy of it
transmitted to each member of the Council.
805.07 Staff. Staff services, including secretarial services, shall be furnished and
coordinated by the Planning Department. Additional advisory staff may be assigned to the
Commission by the Manager. Staff shall keep and maintain a written record of the
Commission's actions, resolutions, recommendations, and findings which shall be a public
record.
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History: Ord 803 adopted 8-3-77; amended by Ord 803-A1 9-14-77; Ord 803-A2 9-28-77, Ord I
903-A31-18-78; Ord 803-A4 5-16-90, Ord 1995-1012-4-95; Ord 2005-07 7-19-05
Reference: M.S. 462.351 through 462.364
Cross Reference: Sections 180, 801, 810, 850
805 -2 Supplement 2005-02
I
1City 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 District
Occupations, Fences, Setbacks, (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.
r
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.
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Encourage mixed use developments which:
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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.
850-2 Supplement 2006-02
`City of Edina Land Use, Platting and Zoning 850.01
The concentration of sexually-oriented businesses in one area can have a substantially detrimental
effect on the area in which such businesses are concentrated and on the overall quality of urban
life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses.
The presence of such businesses is perceived by others as an indication that the area is
deteriorating and the result can be devastating -- other businesses move out of the vicinity and
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.
The Council also finds that the Greater Southdale area, especially that portion contained within
the Planned Commercial District is of vital interest to the welfare of the entire City and,
therefore, the Council hereby adopts the following additional objectives with respect to this
area:
A. To contribute to maintaining and enhancing the Greater Southdale Area as a unique and
vibrant regional retail destination.
B. To encourage a range of housing types within the Greater Southdale Area.
C. To encourage a mixed use shopping, living and working environment that meets the
needs of residents and visitors and helps mitigate the effects of traffic by reducing
vehicle trips and miles by allowing residences in close proximity to employment and
services..
D. To increase the allowed density of development in the PCD-3 subdistrict to be more
comparable with other planned commercial districts in the City and other zoning
districts in the Greater Southdale Area and to permit a level of development intensity
appropriate for the area.
E. To reduce setback requirements from public street rights of way in order to encourage
and permit a closer relationship between storefronts and streetscapes.
F. To ensure that residential development in the PCD-3 subdistrict is compatible with non-
residential uses.
G. To more efficiently utilize public infrastructure by taking advantage of peak demand
variations among land uses.
850-3 Supplement 2006-02
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City of Edina Land Use, Platting and Zoning 850.03
H. To allow a density of development that improves the feasibility of mass transit services
utilized by residents, shoppers and employees of the Greater Southdale Area.
I. To provide incentives to encourage affordable and life cycle housing.
J. To encourage development of an active pedestrian environment and pedestrian
accessibility to and among developments.
To encourage the inclusion of green spaces, open space, locations for public art, landscape
buffers, parks, plazas, fountains, water retention areas and other similar spaces for the use and
enjoyment of residents, visitors and employees and to enhance the quality of the human and
physical environment.
850.02 Short Title. This Section shall be known as the Zoning Ordinance, may be cited as
such, and will be referred to in this Section as "this Section".
850.03 Rules of Construction, Interpretation, Severability, Definitions.
Subd. 1 Rules of Construction. In construing this Section, the following rules of
construction shall govern, unless their observance would involve a construction
inconsistent with the manifest intent of the Council, or be repugnant to the context of the
section:
A. The use of the phrase "used for" shall include the phrases "designed for,"
"intended for," "improved for," "maintained for," "offered for," and "occupied
for."
B. Words and phrases shall be construed according to rules of grammar and
according to their common and accepted usage; but technical words and phrases and
such others as have acquired a special meaning, or are defined in this Section, shall
be construed according to such special meaning or their definition.
C. References in this Section to this Section or to another Code provision, whether
or not by specific number, shall mean this Section, and the referred to Code
provision, as then amended.
D. The R-1 District is also used as a holding or open development area for those
properties shown on the Comprehensive Plan as having the potential for
development for uses other than permitted in the R-1 District, which other uses
shall be permitted only after rezoning pursuant to Subsection 850.04 of this Section.
Subd. 2 Interpretation. The provisions of this Section shall be the minimum
requirements for the promotion of the public health, safety, morals and general welfare. It
is not the intention of this Section to interfere with, abrogate or annul any covenant or
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
8504 Supplement 2006-02
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`City of Edina Land Use, Platting and Zoning 850.03
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.
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
850-5 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.03 #
or characterized by an emphasis on matter depicting, describing or relating to
Specified Sexual Activities or Specified Anatomical Areas.
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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.
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Adult Motion Picture Theater. A building or portion of a building with a capacity
of 50 or more persons used for presenting material distinguished or characterized by
an emphasis on Specified Sexual Activities or Specified Anatomical Areas for
observation by patrons therein.
Adult Novelty Sales. An establishment or business which sells devices which
stimulate human genitals or devices which are designed for sexual stimulation and
either alone or when combined with Adult Bookstore and Adult Motion Picture
Rental or Sales has either 10 percent or more of its stock in trade or 10 percent or
more of its floor area containing such items and other items which are distinguished
or characterized by an emphasis on the depiction or description of Specified Sexual
Activities or Specified Anatomical Areas.
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
850-6 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.03
of a building permit in accordance with Section 410 of this Code, but excluding
changes to mechanical equipment such as furnaces and boilers.
Apartment Building. A residential building having not less than three dwelling
units in a single building with at least one dwelling unit occupying a different story
or stories than other dwelling units in the same building.
Automobile Service Center. A principal building and its accessory buildings in
which batteries, tires, brakes, exhaust systems or other automobile parts are
repaired or replaced, including tune-ups, wheel balancing and alignment, but
excluding body and chassis repair, painting, engine rebuilding and any repair to
vehicles over two ton capacity. Gasoline and oil may be dispensed as an accessory
use.
Basement. A floor level of a building which is located partly or completely
underground.
Board. The Zoning Board of Appeals of the City established by this Section.
Building. Any structure used or intended for supporting or sheltering any use,
property or occupancy, and when the structure is divided by walls without
openings, each portion of the structure so separated shall be deemed a separate
building.
Building Coverage. The percentage of the lot area occupied by principal and
accessory buildings and structures, including without limitation, patios.
Building Height or Structure Height. The distance measured from the average
proposed ground elevation adjoining the building at the front building line to the top
of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the
roof directly above the highest wall of a shed roof, to the uppermost point on a
round or other arch-type roof, or to the average distance of the highest gable on a
pitched or hip roof. References in this Section to building height shall include and
mean structure height, and if the structure is other than a building, the height shall
be measured from said average proposed ground elevation to the highest point of the
structure.
Car Wash. A principal building which is equipped with a conveyor system and
other mechanical equipment and facilities for washing motor vehicles.
Car Wash - Accessory. An accessory building or part of a principal building
equipped with mechanical equipment and facilities (but not a conveyor system) for
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.
850-7 Supplement 2006-02
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City of Edina Land Use, Platting and Zoning 850.03
Community Center. A building, or portion thereof, which houses public health
facilities, governmental offices and meeting rooms, social service facilities, meeting
rooms and facilities for civic and cultural organizations and groups, and publicly
sponsored recreational activities, or any combination, all of which are intended for
the use and benefit of residents of the City, and which is designated, by resolution
of the Council, as a community center.
Comprehensive Plan. Comprehensive Plan shall have the same meaning as in
Subsection 810.02 of this Code.
Conditional Use. A use which, though generally not suitable in a particular zoning
district, may, under some circumstances, and subject to conditions, be suitable in a
particular district. Conditional uses shall be allowed by this Section only pursuant to
the issuance of a conditional use permit.
Convalescent Home. A building or group of buildings licensed by the Minnesota
Department of Public Welfare for the care of children, the aged or infirm, or a
place of rest and care for those suffering physical or mental disorders. Hospitals,
clinics, maternity care homes, and other buildings or parts of buildings containing
surgical equipment are not included.
Counseling Service. A public or private organization which provides advice and
assistance concerning such matters as career objectives, chemical and alcohol abuse
and health problems. Counseling services do not include employment agencies,
attorneys' offices or uses which are typically located in business or professional
offices.
Curb Elevation. The average elevation of the constructed curb of the street along a
front lot line. Where there is no constructed curb, the Engineer shall establish the
curb elevation for purposes of this Section.
Day. A calendar day.
Day Care. A service providing care and supervision for part of a day for
individuals who are not residents of the principal building in which the service is
located.
Deck. A structure which is either freestanding or attached to a principal or
accessory building, constructed at grade or above grade, intended or designed for
use as outdoor living space and unenclosed by solid or non-solid walls or a roof.
Enclosures or covered areas such as gazebos, breezeways and porches which may
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
850-8 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.03
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.
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
850-9 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.03 t
I
exterior window line of the exterior walls in the case of a building with recessed
windows, or (iii) the center line of any parry 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. j
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Lot Area. The area within the lot lines exclusive of land located below the ordinary
high water elevation of lakes, ponds and streams.
Lot - Corner. A lot at the junction of and abutting on two or more intersecting
streets, or at the point of deflection in alignment of a single street, the interior angle
of which does not exceed 135 degrees.
Lot Depth. The horizontal distance between the midpoint of the front lot line and
the midpoint of the rear lot line. The greater frontage of a corner lot is its depth and
the lesser frontage is its width.
Lot - Interior. A lot other than a 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.
850-10 Supplement 2006-02
2City of Edina Land Use, Platting and Zoning 850.03
Lot Line - Side. Any boundary of a lot which is not a front or rear lot line.
Lot - Through. An interior lot having frontage on two streets.
Lot Width. The horizontal distance between side lot lines measured at right angles
to the line establishing the lot depth at a point of 50 feet from the front lot line.
Lot Width to Perimeter Ratio. The lot width divided by the perimeter of the lot.
Motel. See Hotel.
Motor Hotel. See Hotel.
Multi-Residential Use. A residential use permitted in the Planned Residence
District and the Mixed Development District.
Non-Conforming Building. A building or structure which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section or any amendment thereto, but which was lawfully existing as of the date of
its construction or placement.
Non-Conforming Lot. A lot which does not meet the requirements of the zoning
district in which it is located, or of Section 810 of this Code, due to the enactment
of this Section, or of Section 810 of this Code, or any amendments to either, but
which met all such requirements as of the date the lot was established or created of
record.
Non-Conforming Use. A principal or accessory use which does not meet the
requirements of the zoning district in which it is located due to the enactment of this
Section, or any amendment hereto, but which was a lawful use as of the date it was
first commenced.
Non-Profit Organization. An organization which is qualified for tax exemption
under §§501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended.
Nursing Home. See Convalescent Home.
Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision as an
outlot.
Parcel. A unit of land with fixed boundaries described by lot and block and
reference to a recorded plat approved by the duly adopted resolution of the Council,
or by a metes and bounds, or other, description. A parcel may or may not be a lot
as defined in this Section.
Parking Garage. A building which is totally enclosed by walls and a roof, and
containing one or more levels for the parking of vehicles.
Parking Ramp. A structure which is not totally enclosed, containing one or more
levels for the parking of vehicles.
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
850-11 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.03 1 f
i
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.
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Rest Home. See Convalescent Home.
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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.
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Setback - Front Street. The shortest horizontal distance from the forward most
point of a building or structure to the nearest point on the front lot line.
Setback - Interior Side Yard. The shortest horizontal distance from any part of a
building or structure to the nearest point on an interior side lot line.
Setback - Rear Yard. The shortest horizontal distance from any part of a building
or structure to the nearest point on a rear lot line.
Setback - Side Street. The shortest horizontal distance from any part of a building
or structure to the nearest point on a side lot line that adjoins a street.
Sexually-Oriented Businesses. Adult bookstores, adult motion picture theaters,
adult motion picture rental, adult mini-motion picture theaters, adult steam
room/bathhouse/sauna facilities, adult companionship establishments, adult
rap/conversation parlors, adult health/sport clubs, adult cabarets, adult novelty
850-12 Supplement 2006-02
` 'City of Edina Land Use, Platting and Zoning 850.03
businesses, adult motion picture arcades, adult modeling studios, adult
hotels/motels, and adult body painting studios as herein defined. In addition, all
other premises, enterprises, establishments, businesses or places at or in which
there is an emphasis on the presentation, display, depiction or description of
Specified Sexual Activity or Specified Anatomical Areas which are capable of being
seen by members of the public. The term "sexually-oriented businesses" shall not be
construed to include; (i) schools or professional offices of licensed physicians,
chiropractors, psychologists, physical therapists, teachers or similar licensed
professionals performing functions authorized under the licenses held; (ii)
establishments or businesses operated by or employing licensed cosmetologists or
barbers performing functions authorized under licenses held; (iii) businesses or
individuals licensed in accordance with Section 1340 of this Code, or (iv) the sale of
clothing.
Shopping Center. A group of unified commercial establishments located on a
single tract, permitted in the PCD-1, PCD-2 and PCD-3 Districts, composed of not
fewer than six separate and distinct business entities which are located in one or
more buildings comprising not less than 25,000 square feet of gross floor area, and
which share joint use of parking facilities, pedestrian ways, landscaping, traffic
circulation and other amenities, in accordance with and pursuant to a joint use
agreement, in form and substance acceptable to the Planner and Engineer, duly
signed and delivered by all owners and encumbrances of the shopping center, and
duly recorded in the proper office to give constructive notice.
Specified Anatomical Areas. (i) Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female breast(s) below a point immediately
above the top of the areola; or; (ii) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Specified Sexual Activities. (i) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the context of a sexual
relationship, or the use of excretory functions in the context of a sexual
relationship, and any of the following sexually-oriented acts or conduct: anilingus,
buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphism, zooerasty; or (ii) Clearly depicted human genitals
in the state of sexual stimulation, arousal or tumescence; or; (iii) Use of human or
animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or; (iv)
Fondling or touching of nude human genitals, pubic region, buttock, or female
breast(s); or, (v) Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing costumes, and who are engaged in
activities involving the flagellation, torture, fettering, binding or other physical
restraint of any such persons; or, (vi) Erotic or lewd touching, fondling or other
sexually-oriented contact with an animal by a human being; or, (vii) Human
excretion, urination, menstruation, vaginal or anal irrigation.
Story. That portion of a building included between the surface of any floor and the
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
850-13 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.03
i
exterior wall area located entirely below the proposed ground elevation adjoining
the basement shall not be counted as a story.
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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.
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Townhouse. A dwelling unit attached to other dwelling units by common walls,
side by side, extending from the foundation to the roof and without any portion of
one dwelling unit located above any portion of another dwelling unit, and with each
dwelling unit having a separate entrance from outside the building. Buildings with
distinct, separate spaces, or designed for distinct, separate spaces, for office,
commercial or industrial uses, in a manner similar to a residential townhouse
described above, shall be deemed townhouses for purposes of this Section.
Townhouse Plat. The subdivision, by recorded plat approved by duly adopted
resolution of the Council, whereby all lot lines are coterminous, or nearly so, with
the boundaries of the foundation of each building, and the area of the land lying
outside of the lots and within the subdivision is described as an outlot which is
owned by an association of owners of the lots in the townhouse plat.
Tract. One or more adjoining lots, not separated by streets, under common
ownership, located within the same zoning subdistrict, and used for an integrated
development.
Transient-Occupancy. The use of a room or rooms for sleeping, cooking or eating,
in a residential manner, for periods of less than 30 days and for a rental fee, or
other compensation, or pursuant to other arrangements with the owner, lessee or
occupant of the premises.
Yard - Front. An open, unoccupied space on the same lot as a building, which lies
between the building and the front lot line, and extends from side lot line to side lot
line.
Yard - Rear. An open, unoccupied space on the same lot as a building, which lies
between the building and the rear lot line, and extends from side lot line to side lot
line. Some accessory buildings may be placed in the rear yard.
850-14 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
Yard - Side. An open, unoccupied space on the same lot as a building, which lies
between the building and the side lot line, and extends from the front lot line to the
rear lot line. Some accessory buildings may be placed in the side yard.
Year. A period of 365 consecutive days.
850.04 Administration and Procedures for Variances, Rezoning, Transfer to Planned
Districts and Conditional Use Permits.
Subd. 1 Variances and Appeals.
A. Zoning Board of Appeals. There is continued a separate Zoning Board of
Appeals of the City. The Zoning Board of Appeals is the board of appeals and
adjustments created pursuant to M.S. 462.354, Subd. 2. All members of the
Commission, from time to time, shall be members, and the other members shall be
six residents of the City appointed for a term of three years by the Mayor with the
consent of a majority of the members of the Council. For hearings, the Board shall
consist, at a maximum, of any five members, but three members shall constitute a
quorum for conducting such hearings and making decisions. However, at least one
Commission member shall be in attendance at each Board meeting, and shall be
deemed to be the representative of the Commission for purposes of review and
report by the Commission as required by M.S. 462.354, Subd. 2. The Board shall
make no decision until the Commission, or a representative of it, has had reasonable
opportunity, not to exceed 60 days, to review and report to the Board concerning
the decision. All members shall serve without compensation. Members may resign
voluntarily or be removed by a majority vote of the Council or pursuant to Section
180 of this Code. That Commission member in attendance at a meeting who has the
then longest continuous service on the Commission shall be the Chair for that
meeting. The Board shall adopt such bylaws as shall be necessary or desirable for
conduct of its business. Staff services shall be provided by the Planning
Department. Board members who discontinue legal residency in the City shall be
automatically removed from office effective as of the date of such discontinuance.
Vacancies shall be filled pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the power and duty of
hearing and deciding, subject to appeal to the Council, the following matters:
1. Requests for variances from the literal provisions of this Section.
2. Appeals in which it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative officer in
the interpretation or enforcement of this Section; and
3. Requests for variances from the literal provisions of Section 1046 of this
Code.
4. Requests for modifications form the requirements of Section 815 of this
Code.
C. Petitions for Variances. The owner or owners of land to which the variance
850-15 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04 t Y
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 i
surveys, have been received, or within 60 days after the filing of an appeal of
an administrative decision, the Board shall conduct a public hearing and after
hearing the oral and written views of all interested persons, the Board shall
make its decision at the same meeting or at a specified future meeting.
2. Notice of variance hearings shall be mailed not less than ten days before
the date of the hearing to the person who filed the petition for variance and to
each owner of property situated wholly or partially within 200 feet of the
property to which the variance relates insofar as the names and addresses of
such owners can be reasonably determined by the Clerk from records
maintained by the Assessor.
3. A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten days before the
hearing. A notice shall also be mailed to the appellant.
4. No new notice need be given for any hearing which is continued by the
Board to a specified future date.
F. Findings For Variances. The Board shall not grant a. petition for a variance
unless it finds that the strict enforcement of this Section would cause undue hardship
because of circumstances unique to the petitioner's property and that the grant of
said variance is in keeping with the spirit and intent of this Section. "Undue j
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
850-16 Supplement 2006-02
• .City of Edina Land Use, Platting and Zoning 850.04
if reasonable use for the petitioner's property exists under the terms of this Section.
A favorable vote by the Board shall be deemed to include a favorable finding on
each of the foregoing matters even if not specifically set out in the approval
resolution or the minutes of the Board meeting.
G. Appeals from Decisions of the Board.
1. The following individuals may appeal a decision of the Board:
a. any petitioner for a variance;
b. any owner to whom notice of the variance hearing is required to be
mailed pursuant to this Section;
c. the appellant in the case of an appeal of an administrative decision;
d. any person who deems to be aggrieved by the Board's decision on
the appeal of an administrative decision; and
e. any administrative officer of the City.
2. An appeal from a decision of the Board shall be filed with the Clerk no
later than ten days after the decision by the Board. If not so filed, the right of
appeal shall be deemed waived, and the decision of the Board shall be final.
H. Hearing and Decision by Council. The Council shall hear and decide all appeals
from the decisions of the Board. The appeal shall be heard not later than 60 days
after the date the appeal is filed. The Council shall follow the same procedures as to
notices, hearings, findings for variances and decisions that the Board is required to
follow relative to the subject matter of the appeal pursuant to this Section. A
favorable vote by the Council shall be deemed to include a favorable finding on
each of the required findings even if not specifically set out in the approval
resolution or the minutes of the Council meeting.
I. Conditions on Variance Approvals. In granting a variance, the Board, or the
Council on appeal, may impose conditions to ensure compliance with the purpose
and intent of this Code and to protect adjacent properties.
J. Form of Action Taken and Record. The Board, or the Council on appeal, shall
maintain a record of its proceedings which shall include the minutes of its meetings
and final order concerning the variance petition or appeal of administrative
decision. If a variance is granted, the petitioner, at the petitioner's expense, shall
duly record the final order in the proper office to give constructive notice. A
verified copy of such order, with the recording data, shall be delivered to the
Planner. The Board, or the Council on appeal, may require such order to be
recorded and such verified copy to be delivered to the Planner before the variance
shall be effective.
K. Lapse of Variance By Non-User, Extension of Time.
1. If, within one year after the date of the meeting of the Board, or the
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
850-17 Supplement 2007-01
City of Edina Land Use, Platting and Zoning 850.04
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.
L. Denial: No application for a variance which has been denied in whole or in part
shall be resubmitted within twelve (12) months of the date of the order of denial,
except that a new application may be permitted to the same denying board, if new
evidence or a change of circumstances warrant it.
Subd. 2 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner of land proposed for
transfer to another district or subdistrict, the Council or the Commission.
2. A petition by an owner shall be on forms provided by the Planner, shall be
submitted with plans, data and information required by this Section, and such
other information that the Planner believes necessary for evaluation of the
petition. The petition shall be accompanied by the fee set forth in Section 185
of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at least one
sign per street frontage on the land described in the petition. The sign or signs shall
be of a design approved by the Planner, shall be 36 inches by 60 inches in size,
shall have letters at least four inches high using Helvetica medium typeface or other
letter style approved by the Planner, shall be constructed of sturdy material, shall be
neatly lettered, and shall be easily viewable from, and readable by persons on, the
adjoining street. The sign or signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
For information contact Edina Planning Department:
Telephone No. 927-8861"
The petition shall not be deemed filed and the Commission shall not be required to
hold any hearings on the petition until the sign has been erected as required and for
at least ten days preceding the hearing. The sign shall be kept in good repair and
shall be maintained in place until a final decision on the petition has been made by
the Council, and shall be removed by the petitioner within five days after the final
decision. The failure of any petitioner to comply fully with the provisions of this
850-18 Supplement 2007-01
City of Edina Land Use, Platting and Zoning 850.04
paragraph relating to the sign shall not prevent the Commission and Council from
acting on the petition nor invalidate any rezoning granted by the Council. If the
signs are not kept in good repair or removed as required, then the signs shall be
deemed a nuisance and may be abated by the City by proceedings under M.S. 429,
or any other then applicable provisions of this Code or State Law, and the cost of
abatement, including administrative expenses and attorneys' fees, may be levied as a
special assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned
Industrial District.
1. Preliminary Development Plan. The petition for rezoning shall include a
Preliminary Development Plan drawn to a scale of not smaller than 30 feet to
the inch upon which are shown the following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any existing structures, easements,
water bodies, water courses and flood plains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of
non-residential buildings or number of dwelling units in residential
buildings;
d. the location, arrangement and number of automobile parking stalls
and truck loading facilities; and
e. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable sections of this Code.
2. Commission Review of Preliminary Development Plan. Within 45 days
after receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner will
review the petition, Preliminary Development Plan and the other information
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
3. Council Hearings and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition and Preliminary Development Plan. The hearing
850-19 Supplement 2006-02
i
City of Edina Land Use, Platting and Zoning 850.04
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 1,000 feet of the tract to which the petition relates insofar as
the names and addresses of such owners can reasonably be determined by the
Clerk from records maintained by the Assessor or from other appropriate
records. After hearing the oral or written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified future
date. No new notice need be given for hearings, which are continued by the
Council to a specified future date. An affirmative vote of three-fifths of all
members of the Council shall be required to grant preliminary rezoning
approval. Provided, however, a rezoning from any residential zoning district
to any nonresidential zoning district shall require an affirmative vote of four-
fifths of all members of the Council. If preliminary rezoning approval is
granted, the petitioner may prepare a Final Development Plan. In granting
preliminary rezoning approval, the Council may make modifications to the
Preliminary Development Plan and may impose conditions on its approval.
The petitioner shall include the modifications, and comply with the conditions,
in the Final Development Plan, or at another time and by other documents, as
the Council may require or as shall be appropriate."
4. Final Development Plan. The Final Development Plan shall include all
required information and data delineated on the Preliminary Development Plan
and, in addition, the following data and information:
a. exact location and elevation drawings of all existing and proposed
structures on the tract including a description of existing and proposed
exterior building materials;
b. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a general overall grading plan indicating final grades and the
direction and destination of surface drainage;
e. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements; and
f. any other information necessary, in the opinion of the Planner, to
evaluate the plan, determine consistency with the Comprehensive Plan
850-20 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
and to ensure compliance with this Section and other applicable
provisions of this Code.
5. Commission Review of Final Development Plan. The Final Development
Plan shall be in form and substance acceptable to the Planner. The
Commission shall review the Final Development Plan within 45 days of its
submission and shall recommend approval by the Council upon finding that the
proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the
Final Development Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include
a favorable finding on each of the foregoing matters even if not specifically set
out in the approval resolution or the minutes of the Commission meeting.
6. Council Hearing and Decision; Final Rezoning. Within 60 days after the
recommendation on the Final Development Plan by the Commission, the
Council shall conduct a public hearing on the Final Development Plan in the
same manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and thereby
approve or disapprove the Final Development Plan. An affirmative vote of
three-fifths of all members of the Council shall be required to grant final
rezoning approval. Provided, however, a rezoning from any residential
zoning district to any nonresidential zoning district shall require an affirmative
vote of four-fifths of all members of the Council. Approval may be made
subject to modifications and conditions which, together with the Council's
modifications and conditions at the time of preliminary rezoning approval and
not done and fulfilled by the Final Development Plan, must be fulfilled and
met, to the satisfaction of the Planner, before the final approval becomes
effective. Approval of the Final Development Plan shall also constitute final
rezoning of the tract included in the plans, and the publication of the ordinance
amendment effecting the zoning change shall thereby be authorized, but no
publication shall be done until any modifications and conditions made by the
850-21 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
i
Council have been met and fulfilled to the satisfaction of the Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as final rezoning approval.
8. Filing. The approved Final Development Plan shall be filed in the Planning
Department.
9. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planning
Department prior to issuance of such permits to determine if they conform to
the provisions of this Section, the approved Final Development Plan, as
modified by, and with the conditions made by, the Council, and other
applicable provisions of this Code.
10. Changes to Approved Final Development Plan. Minor changes in the
location and placement of buildings or other improvements due to unforeseen
circumstances may be authorized by the Planner. Proposed changes to the
approved Final Development Plan affecting structural types, building
coverage, mass, intensity or height, allocation of open space and all other
changes which affect the overall design of the property shall be acted on,
reviewed and processed by the Commission and Council in the same manner
as they reviewed and processed the Final Development Plan, except that a
three-fifths favorable vote of the Council shall be required to authorize the
proposed change.
11. Lapse of Approved Final Development Plan by Non-User; Extension of
Time.
a. If a building permit has not been obtained, and if erection or alteration
of a building, as described in the application for final development plan, has
not begun within two years after final development plan approval, the
approval shall be null and void unless a petition for extension of time in
which to commence the proposed work or improvements has been granted.
b. A petition for extension shall be made in writing and filed with the City
Clerk within such two year period. The petition shall state reasons showing
why a building permit has not been obtained, or why erection or alterations
have not commenced, and shall state the additional time requested to begin
the proposed work or improvement. The petition shall be presented to the
Council for hearing and decision in the same manner as then required for an
original application. The Council may grant an extension of up to one year
upon finding that:
i. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
850-22 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
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
provided by the petitioner, and forward a report to the Commission. The
Commission shall review the report of the Planner and send its
recommendation to the Council.
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and recommendation
by the Commission, the Council shall conduct a public hearing regarding the
petition and Preliminary Development Plan. The hearing shall be held not later
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
850-23 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
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
1,000 feet of the tract to which the petition relates insofar as the names and
addresses of such owners can reasonably be determined by the Clerk from
records maintained by the Assessor. After hearing the oral or written views of
all interested persons, the Council shall make its decision at the same meeting
or at a specified future date. No new notice need be given for hearings which
are continued by the Council to a specified future date. An affirmative vote of
three-fifths of all members of the Council shall be required to grant
preliminary rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. If preliminary
rezoning approval is granted, the petitioner may prepare an Overall
Development Plan for final rezoning approval. In granting preliminary
rezoning approval, the Council may make modifications to the Preliminary
Development Plan and may impose conditions on its approval. The petitioner
shall include such modifications, and comply with such conditions, in the
Overall Development Plan, or at such other time and by such other documents,
as the Council may require or as shall be appropriate.
4. 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
i
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
850-24 Supplement 2006-02
'City of Edina Land Use, Platting and Zoning 850.04
evaluate the plan, determine consistency with the Comprehensive Plan
and to ensure compliance with the requirements of this Section and
other applicable provisions of this Code.
5. Commission Review of Overall Development Plan. Within 45 days after
submission of the Overall Development Plan in form and substance acceptable
to the Planner, the Commission shall review the Overall Development Plan
and shall recommend approval by the Council upon finding that the proposed
development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Plan as approved
and modified by the Council and containing the conditions imposed by
the Council to the extent such conditions can be complied with by the
Overall Development Plan;
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly-intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
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 fording 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
850-25 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
any, made by the Council have been met and fulfilled to the satisfaction of the
Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in connection
with and at the same time as Final Site Plan approval or Overall Rezoning
approval.
8. Filing. The approved Overall Development Plan and approved Final Site
Plan shall be filed in the Planning Department.
9. Final Site Plan Approval. Multiple phase developments shall be subject to
Final Site Plan review and action by the Commission and Council in the same
manner as they review and act on the Overall Development Plan, except that a
three-fifths favorable vote of the Council shall be required for approval. The
installation of a sign as required by Paragraph B of Subd. 2 of this Subsection
shall be required prior to consideration of a Final Development Plan by the
Commission 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
850.10;
c. the locations, dimensions and design features of all proposed
streets, driveways, vehicular entrances and exits, driveway
intersections with streets, parking areas, loading areas, maneuvering
areas and sidewalks, together with dimensions and locations of all
existing and proposed public and private easements;
d. location of all existing, and preliminary layout and design of all
proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements;
e. any other information necessary, in the opinion of the Planner, to
evaluate the plans and ensure compliance with requirements of this
Section and other applicable sections of this Code; and
f. demonstrate that the Final Site Plan shall be consistent with the
Overall Development Plan as approved and modified by the Council
and containing the conditions imposed by the Council to the extent
such conditions can be complied with by the Final Site Plans.
850-26 Supplement 2006-02
1 City of Edina Land Use, Platting and Zoning 850.04
10. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planner prior to
issuance of such permits to determine if they conform to the provisions of this
Section, the approved Final Site Plan, as modified by, and with the conditions
made by, the Council, and other applicable sections of this Code.
11.Changes to Approved Overall Development Plan and Final Site Plan.
Minor changes in the location and placement of buildings or other
improvements due to unforeseen circumstances may be authorized by the
Planner. Proposed changes to the approved Overall Development Plan or Final
Site Plan affecting structural types, building location, building coverage, mass
intensity or height, allocation of open space and all other changes which affect
the overall design of the property shall be acted on, reviewed and processed by
the Commission and Council in the same manner as they reviewed and
processed the Final Site Plan.
E. Procedure for Rezoning to Single Dwelling Unit District, Double Dwelling Unit
District and Automobile Parking District.
1. Commission Review. Within 45 days after receipt by the Planner of the
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.
850-27 Supplement 2006-02
K a I a
a
City of Edina Land Use, Platting and Zoning 850.04
3. Final Rezoning Approval. Upon request of the Planner, Manager or
petitioner, after preliminary rezoning approval has been granted and after the
modifications and conditions made and imposed by the Council have been met
and fulfilled to the satisfaction of the Planner, the Council shall place the
petition on its agenda and shall consider final rezoning approval. An
affirmative vote of three-fifths of all members of the Council shall be required
to grant final rezoning approval. Provided, however, a rezoning from any
residential zoning district to any nonresidential zoning district shall require an
affirmative vote of four-fifths of all members of the Council. Final rezoning
approval shall include authorization to publish the amendment effecting the
zoning change. Approval may be made subject to modifications and conditions
which must be fulfilled and met, to the satisfaction of the Planner, before the
final approval becomes effective and before the amendment is published.
F. One Year Limitation on Preliminary Rezoning Approval. Any petition which
has not been granted final rezoning approval by the Council within one year after
the date it received preliminary approval, shall be deemed rejected by the Council
and the petition must again be filed, processed and approved pursuant to this
Section as if it were a new petition.
G. Restriction on Rezoning After Denial of Petition. After the Council has denied a
petition for rezoning, the owner of the tract to which the petition related may not
file a new petition for a period of one year following the date of such denial for
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,
850-28 Supplement 2006-02
` City of Edina Land Use, Platting and Zoning 850.04
including, without limitation, the Planned Residential District, Planned Office
District, Planned Commercial District, Planned Industrial District, Mixed
Development District or Regional Medical District, which, on March 7, 1984, was
improved with a building or buildings, shall not be required to comply with the
provisions of Subsection 850.04 relative to a transfer of that lot to the planned
district; provided that:
1. No new buildings shall be constructed on the lot which result in an
increase in gross floor area of all buildings on the lot by more than ten
percent;
2. No building existing on the lot as of March 7, 1984, shall be added to or
enlarged in gross floor area by more than ten percent;
3. No dwelling units shall be added; and
4. No such existing building, if damaged or destroyed by fire, wind,
earthquake, explosion or other casualty, shall be restored or repaired if the
cost of restoration or repair exceeds one-half of the fair market value of the
entire building on the date immediately prior to the date of such casualty (as
such cost and fair market value are determined by the Assessor, or other
person selected by the Manager); unless, in each case of 1., 2., 3., and 4.
above, the then owner or owners of the lot shall comply with and complete the
process for Final Development Plan approval established by Subparagraphs 4
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. The installation of a sign as required by Paragraph B
of Subd. 2 of this Subsection shall be required prior to consideration of a Final
Development Plan by the Commission
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. The installation of a sign as
required by Paragraph B of Subd. 2 of this Subsection shall be required prior to
consideration of a Final Development Plan by the Commission
Subd. 4 Conditional Use Permits.
A. Initiation of Conditional Use Permit.
850-29 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
An application for a conditional use permit may be initiated by the owner or
owners of the lot or building in question.
1. The application shall be on forms provided by the Planner and shall be
submitted with required plans, data and information, and such other
information as, in the opinion of the Planner, is necessary for evaluation of the
application. The application shall be accompanied by the fee set forth in
Section 185 of this Code.
B. Sign. All provisions and requirements in this Subsection relating to erection of a
sign in connection with a rezoning of property shall apply to the applicant for a
conditional use permit, and the applicant shall comply with all such provisions and
requirements, except that the sign shall state that a conditional use permit is
proposed for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or accessory
use that requires the construction of a new building or accessory use facilities,
or additions or enlargements to an existing building or accessory use facilities,
the application shall be drawn to a scale acceptable to the Planner, and be
accompanied by plans containing the following data and information:
a. elevation drawings of all new buildings or accessory use facilities,
or additions and enlargements to existing buildings or accessory use
facilities, including a description of existing and proposed exterior
building materials;
b. the location, dimensions and other pertinent information as to all
proposed and existing buildings, structures and other improvements,
streets, alleys, driveways, parking areas, loading areas and sidewalks;
c. a landscape plan and schedule in accordance with Subsection
850.10;
d. a floor plan showing the location, arrangement and floor area of
existing and proposed uses; and
e. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
2. If the conditional use permit is requested to allow a principal or accessory
use that does not require construction of a new building or accessory use
facilities, or additions or enlargements to an existing building or accessory use
facilities, the application shall be accompanied by plans showing:
a. the location, arrangement and floor area of existing and proposed
uses;
850-30 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
b. the location, dimensions and other pertinent information as to all
buildings, structures, streets, alleys, driveways, parking areas, loading
areas, sidewalks and landscaping; and
c. any other information required, in the opinion of the Planner, to
evaluate the application, determine consistency, with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
D. Commission Review and Recommendation. Within 45 days after receipt by the
Planner of the application, fee and all other information required, in form and
substance acceptable to the Planner, the Planner shall review the application and
other information provided by the applicant and forward a report to the
Commission. The Commission shall review the report of the Planner and send its
recommendation to the Council.
E. City Council Hearing and Decision. Upon request of the Planner, Manager or
applicant, and after review and recommendation by the Commission, the Council
shall conduct a public hearing regarding the application. The hearing shall be held
not later than 60 days after the date of the recommendation by the Commission. A
notice of the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the hearing. A
similar notice of hearing shall be mailed at least ten days before the date of the
hearing to each owner of property situated wholly or partly within 1,000 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
850-31 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04 ,
7. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of all
members of the Council. A favorable vote by the Council shall be deemed to
include a favorable finding on each of the foregoing matters even if not specifically
set out in the approval resolution or the minutes of the Council meeting.
F. Conditions and Restrictions. The Commission may recommend that the Council
impose, and the Council with or without such recommendation may impose,
conditions and restrictions upon the establishment, location, construction,
maintenance, operation or duration of the use as deemed necessary for the
protection of the public interest and adjacent properties, to ensure compliance with
the requirements of this Section and other applicable provisions of this Code, and to
ensure consistency with the Comprehensive Plan. The Council may require such
evidence and guarantees as it may deem necessary to secure compliance with any
conditions imposed. No use shall be established or maintained, and no building or
other permit for establishing or maintaining such use shall be granted, until the
applicant has met and fulfilled all conditions imposed by the Council to the
satisfaction of the Planner.
I
G. Expansions of Conditional Uses. No use allowed by conditional use permit, or
i
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 j
shall become null and void unless a petition for extension of time has been
granted.
2. A petition for extension shall be in writing and filed with the Clerk within
two years from the granting of the conditional use permit. The petition for
extension shall state facts showing a good faith attempt to use the conditional
use permit and shall state the additional time requested to begin the use. The
petition shall be presented to the Council for hearing and decision in the same
manner as then required for an original application. The Council may grant an
extension of the conditional use permit for up to one year upon finding that:
850-32 Supplement 2006-02
y 'City of Edina Land Use, Platting and Zoning 850.04
a. a good faith attempt to use the conditional use permit has been
made,
b. there is a reasonable expectation that the conditional use permit
will be used during the extension, and
c. the facts which were the basis for the findings under which the
original conditional use permit was granted have not materially
changed. No more than one extension shall be granted. For purposes
of this paragraph, a use shall be deemed begun when all work
described in the original application, or information provided, has
been completed and has received final City approvals and the use is
operating for the purposes described in the original application.
J. Filing of Conditional Use Permit. If a conditional use permit is granted, the
applicant, at the applicant's expense, shall duly file or record the permit in the
proper office to give constructive notice of it. A verified copy of the permit, with
the recording data on it, shall be delivered to the Planner. The Council may require
that the permit be so recorded or filed, and the verified copy delivered to the
Planner, before the permit shall become effective.
Subd. 5 Temporary Conditional Use Permits.
A. Purpose. The purpose of temporary conditional use permits is to allow disabled
residents of dwelling units to conduct and operate permitted customary home
occupations in their residence by means of such variances from the conditions
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
850-33 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04
Code.
2. The application for a temporary conditional use permit shall also be
accompanied by the followingadditional 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; i
b. the specific home occupation proposed by the applicant, including
the expected number of weekly automobile trips to the dwelling unit
by individuals other than the residents of the home expected to be
generated by the home occupation, the number of hours per day and
the number of days per week the home occupation will operate;
c. any proposed interior or exterior alterations to the dwelling unit
necessary due to the proposed home occupation; and
d. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
3. The erection of a sign shall not be required in connection with the
application for a temporary conditional use permit.
4. Notice of hearing before the Council shall be published and mailed as
provided in paragraph E. of Subd. 4 of this Subsection 850.04 except that
mailed notice shall be given only to owners of property situated wholly or
partly within 350 feet of the property to which the application relates.
D. Conditions and Findings.
1. In order to grant a temporary conditional use permit, the Council must
make the same findings as set forth in paragraph E. of Subd.4 of this
Subsection 850.04.
2. In order to grant a temporary conditional use permit, the Council must also
find that the proposed home occupation complies with the conditions of
paragraph A. of Subd. 4 of Subsection 850.07, provided, however, that:
a. the Council may grant a variance of any condition in paragraph A.
of Subd. 4 of Subsection 850.07, if deemed necessary by the Council
to permit the applicant to properly operate and conduct the proposed
home occupation and if the Council finds that such use will not negate
or violate any of the findings to be made pursuant to paragraph E. of
Subd. 4 of this Subsection 850.04; and
850-34 Supplement 2006-02
. 'City of Edina Land Use, Platting and Zoning 850.04
b. the maximum number of automobile trips to the dwelling unit of
the applicant by individuals other than its residents generated as a
result of such home occupation may be increased by the Council from
ten per week to a maximum of twenty per week in connection with the
granting of the permit.
3. Any permit granted pursuant to this Subdivision 850.04 shall remain in
effect, if not earlier terminated under other provisions of this Section, only so
long as the following conditions are observed and complied with:
a. that the applicant occupy the dwelling unit described in the permit,
and then only so long as such applicant is physically unable to be
employed full time outside of the applicant's residence;
b. that the findings made by the Council as set forth in paragraph E.
of Subd. 4 of this Subsection 850.04 continue without change or
violation; and
c. that the conditions of paragraph A. of Subd. 4 of Subsection
850.07, as varied by variances granted by the Council, are not
violated.
E. Duration and Review of Permits.
1. Each permit issued pursuant to this Subdivision shall remain in effect only
so long as the conditions set out in subparagraph 3. of paragraph D. of this
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.
850-35 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.04 M
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.
I
B. Administrative Expenses and Attorneys' Fees. Each petitioner and applicant, by
filing or submitting a petition or application, shall have agreed to pay all j
administrative expenses and attorneys' fees, with interest and costs as provided,
incurred by the City in connection with or as a result of reviewing and acting on
such petition or application. If more than one person signs a petition or application,
all such signers shall be jointly and severally liable for such expenses and fees, with
interest and costs as provided. The expenses and fees to be paid to the City
pursuant to this paragraph shall be payable upon demand made by the City, and if
not paid within five days after such demand, shall bear interest from the date of
demand until paid at a rate equal to the lesser of the highest interest rate allowed by
law or two percentage points in excess of the reference rate. The petitioners and
applicants shall also pay all costs, including attorneys' fees, incurred by the City in
collecting the expenses, fees and interest, with interest on the costs of collection
from the dates incurred until paid, at the same interest rate as is payable on the
expenses and fees. For purposes of this paragraph, reference rate shall mean the
rate publicly announced from time to time by First Edina National Bank, or any
successor, as its reference rate, and if the bank, or its successor, ceases publicly
announcing its reference rate, reference rate shall mean the interest rate charged
from time to time by the bank on 90-day unsecured business loans to its most credit-
worthy customers.
Subd. 7 Mailed Notice. Whenever this Section requires or permits mailed notice to
property owners, the failure to give mailed notice, or defects in the notice, shall not
invalidate the proceedings, provided a good faith attempt to comply with the applicable
notice requirements was made. Any appropriate records may be used by the person
responsible for mailing the notice to determine names and addresses of owners.
Subd. 8 Evidence of Ownership. If, in connection with any petition or application, the
Planner requests evidence of ownership of the property to which the petition or application
relates, the petitioner or applicant shall obtain, at the petitioner's or applicant's expense,
and deliver to the Planner, a title opinion from an attorney acceptable to the Planner, or
other evidence of such ownership acceptable to the Planner, in each case addressed to the
City. Also, if so requested by the Planner, the petitioner or applicant shall obtain a written
consent to the petition or application by all owners of such property as shown by the title
opinion or other evidence of ownership and, if the request is made, the City shall have no
duty to process, or to act on or respond to, such petition or application until such consents
are delivered to the Planner.
850-36 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.05
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
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)
850-37 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.07 y
i
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
850.06 District Boundaries. The boundaries of all such districts except the Floodplain Overlay
District, shall be as shown in the official Zoning Map entitled "Official Zoning Map", a
composite copy of, which reduced in size, is appended to this Code. The Official Zoning Map,
with all explanatory information, is adopted by reference and declared to be a part of this Code.
The boundaries shown on the Official Zoning Map may be changed by amendment to this Section.
The Official Zoning Map shall be on file in the office of the Planning Department and shall be
open to public inspection during normal business hours of the City. The boundaries of the
Floodplain Overlay District shall be as shown on the Official Floodplain Zoning Map described
and identified in Subsection 850.21, as such map is to be interpreted and used as provided in
Subsection 850.21.
850.07 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.
850-38 Supplement 2006-02
'City of Edina Land Use, Platting and Zoning 850.07
C. Single Dwelling Unit and Double Dwelling Unit Buildings. All refuse, as
defined in Section 705 of this Code, or similar materials shall be kept within closed
containers designed for such purpose. Such containers shall not be located in the
front yard and shall not be visible from the front lot line except as allowed by
Section 705 of this Code.
Subd. 3 Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings,
Trailers and Recreational Vehicles. No accessory building, temporary building, trailer
or recreational vehicle in any district shall be used in whole or in part for a dwelling unit
or units, except for accessory buildings which are specifically allowed for residential use
by this Section.
Subd. 4 Customary Home Occupations as an Accessory Use.
A. Customary home occupations which are permitted as an accessory use by this
Section shall comply with the following conditions:
1. Only the residents of the dwelling unit shall be employed on the lot or
within the dwelling unit.
2. No exterior structural modifications shall be made to change the residential
character and appearance of the lot or any buildings or structures on the lot.
3. No loading, unloading, outdoor storage of equipment or materials, or other
outdoor activities, except parking of automobiles shall occur.
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.
850-39 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.07
4. Insurance agents, brokers, architects and similar professionals who
typically conduct client meetings outside of the dwelling unit.
5. Ministers, rabbis and priests.
6. Photographers providing service to one customer at a time.
7. Salespersons, provided that no stock in trade is maintained on the lot or in
the building or structure on the lot.
8. In single dwelling unit and double dwelling unit buildings only, rental of
rooms for residential occupancy to not more than two persons per dwelling
unit in addition to the permanent residents of the dwelling unit.
C. The following uses have a tendency to increase in size or intensity beyond the
conditions imposed by this Subd. 4 for home occupations and thereby adversely
affect residential properties. Therefore, the following shall specifically not be
permitted as customary home occupations:
1. Barber shops and beauty parlors.
I
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.
4. Medical and dental offices.
5. Upholstering.
6. Mortuaries.
7. Commercial kennels as defined by Subsection 300.01 of the City Code.
8. Tourist homes, boarding houses or rooming houses, and other kinds of
transient occupancies.
9. Commercial food preparation or catering.
10. Automobile and equipment sales.
11.Landscaping and lawn maintenance service where landscaping materials
and equipment are stored or parked on the premises..
D. Permitted customary home occupations by residents who are physically unable
to be employed full time outside their residence may be allowed as a temporary
conditional use, with variances from the conditions of paragraph A. of Subd. 4 of
this Subsection 850.07, pursuant to the provisions of Subd. 5 of Subsection 850.04.
Subd. 5 Fences in the R-1 and R-2 Districts. Fences erected in the R-1 District and
i
R-2 District shall conform to the following:
850-40 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.07
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
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.
85041 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.07
O. Unenclosed overhanging eaves or porches supported by posts or columns not
exceeding 80 square feet in area, that are not closer than 20 feet to a front property
line, 3 feet to a side property line or 10 feet to a side street.
Subd. 7 Drainage. Surface water runoff shall be properly channeled into storm sewers,
watercourses, ponding areas or other public facilities. All provisions for drainage,
includingstorm sewers, sheet drainage and swales, shall be reviewed and approved by the
g
Engineer prior to construction or installation.
Subd. 8 Architectural Control. A building permit for the construction of a new
non-residential principal building or a new residential principal building containing three
or more dwelling units shall not be issued unless the applicant's building plans, including
the site plan, are certified by an architect registered in the State. The certification shall
state that the design of the building and site has been prepared under the direct supervision
of the architect.
Subd. 9 Building Coverage Computations; Exclusions and Inclusions.
A. The following structures and improvements shall be excluded when computing
building coverage:
1. Driveways and sidewalks, but not patios.
2. Parking lots and parking ramps.
3. Accessory recreational facilities not enclosed by solid walls and not
covered by a roof, including outdoor swimming pools, tennis courts and
shuffleboard courts; but facilities which are constructed above grade, such as
paddle tennis courts, shall be included when computing building coverage.
4. Unenclosed and uncovered steps and stoops less than 50 square feet.
5. Overhanging eaves and roof projections not supported by posts or pillars.
B. Building coverage computations, however, shall include all other principal or
accessory buildings, including, but not limited to:
1. Decks and patios subject to allowances provided by this Section.
2. Gazebos.
3. Balconies.
4. Breezeways.
5. Porches.
6. Accessory recreational facilities constructed above grade, such as paddle
tennis courts.
85042 Supplement 2006-02
'City of Edina Land Use, Platting and Zoning 850.07
Subd. 10 Lighting. All exterior lighting and illuminating devices shall be provided with
lenses, reflectors or shades so as to concentrate illumination on the property of the owner
or operator of the lighting or illuminating devices. Rays of light or illumination shall not
pass beyond the property lines of the premises utilizing the lights or illumination at an
intensity greater than three foot-candles measured at property lines abutting property zoned
residential and ten foot-candles measured at property lines abutting streets or property
zoned non-residential. No light source, lamp or luminaire shall be directed beyond the
boundaries of the lighted or illuminated premises.
Subd. 11 Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage
on at least one street other than alleys or limited access roadways to which private access
is prohibited. Private easements shall not be considered as frontage for purposes of this
Subdivision. Notwithstanding the requirements of this subdivision, lots in a townhouse
plat need not front on a street provided that the townhouse plat of which the lot is a part
has at least 30 feet of frontage on at least one street.
Subd. 12 Certain Sales Prohibited.
A. Except as provided in Section 1310 of this Code, the sale of goods or
merchandise from a motor vehicle, trailer, tent or other temporary or portable
building is prohibited in all districts.
B. No property used for residential purposes shall be used for garage sales, estate
sales or other sales of personal property for more than one period of 72 consecutive
hours in any calendar year. The property offered for sale shall consist only of items
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.
850-43 Supplement 2006-02
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City of Edina Land Use, Platting and Zoning 850.07
1. No stacking space shall encroach into any drive aisle necessary for the
circulation of vehicles.
2. All stacking spaces shall provide the same setbacks as are required by
this Section for parking spaces.
3. In the case of uses described in subparagraph 4. of paragraph A. of
Subd. 14 above, if the drive-through bay is equipped with a facility for
placing an order which is separated from the location at which the product
or merchandise is received by the customer, not less than three of the
required stacking spaces shall be provided at the ordering point.
C. Minimum Size of Stacking Space. The minimum size of each stacking space
shall be nine feet wide by 18 feet deep.
D. Accessory Canopies and Mechanical Equipment. All canopies and equipment
appurtenant to a drive-through facility shall provide the same setbacks as are
required for principal buildings.
E. Facilities Accessory to Restaurants. Drive-through facilities accessory to
restaurants shall be limited to two service bays.
Subd. 15 District Limits. For purposes of calculating the minimum site area, floor
area ratio, building coverage, setbacks and all other requirements of this Section, a district
or subdistrict shall be deemed not to extend beyond the right-of-way lines of adjacent
streets, alleys or highways which were dedicated, conveyed or acquired prior to the
transfer of land to that district or subdistrict. Districts which are separated by public
streets or highways shall be deemed to be separate and independent districts and all
requirements and restrictions contained in this Section must be met separately and
independently by each district.
Subd. 16 Temporary Buildings.
A. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary
or portable building or structure, including, without limitation, any shed, tent or
shelter, which is not permanently attached to the ground shall be placed or stored
within the required front street or side street setback for the principal building and
shall maintain an interior side yard and rear yard setback of not less than five feet.
B. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double
Dwelling Unit Lots. No temporary or portable building or structure, including,
without limitation, any shed, tent or shelter, which is not permanently attached to
the ground shall be placed or stored upon a lot except as accessory to, and during
the construction of, permanent buildings or structures.
Subd. 17 Outdoor Storage. All materials, supplies, finished or semi-finished products,
motor vehicles, trailers and all equipment shall be stored within a completely enclosed
building except:
850-44 Supplement 2006-02
}City of Edina Land Use, Platting and Zoning 850.07
A. Materials and equipment used for the construction or repair of structures may
be stored outdoors on the construction site during construction.
B. Motor vehicles, recreational vehicles and other vehicles may be parked or stored
outdoors in accordance with the Section 1046 of this Code.
C. Outdoor storage or displays may take place on lots in the Planned Commercial
District in accordance with Subd. 11 of Subsection 850.16.
Subd. 18 Setbacks from Naturally Occurring Lakes, Ponds and Streams.
Notwithstanding any other requirements of this Section or other provisions of this Code, in
cases where a portion of a lot or tract is located below the ordinary high water elevation of
a naturally occurring lake, pond or stream, the shoreline created by such an ordinary high
water elevation shall be deemed to be the rear lot line or side lot line, as the case may be,
for setback purposes. All principal and accessory structures shall maintain a minimum
setback of 50 feet from the ordinary high water elevation, except that all principal and
accessory structures shall maintain a minimum setback of 75 feet from the ordinary high
water elevation of Indianhead Lake, Arrowhead Lake, Mirror Lake and Lake Cornelia.
Subd. 19 Energy Collection System Setbacks. Facilities and equipment designed for
the collection of solar energy or wind energy shall maintain the same setbacks as are
required for principal buildings or structures and shall not be located within the front yard.
Subd. 20 Non-Conforming Uses, Buildings and Lots.
A. Non-Conforming Uses. Any non-conforming use may continue, provided that:
1. It shall not be expanded to occupy a larger portion of a building or lot,
or be extended to other buildings or lots;
2. It shall not be replaced with any other non-conforming use;
3. It shall not be resumed if it is discontinued for one year or longer; and
4. If it is ever discontinued and replaced with a conforming use, no
non-conforming use thereafter shall be made of the building or lot.
B. Non-Conforming Buildings.
1. Alterations, Additions and Enlargements.
a. a non-conforming building, other than a single dwelling unit
building, shall not be added to or enlarged, in any manner, or
subjected to an alteration involving 50 percent or more of the gross
floor area of the building, or 50 percent or more of the exterior wall
area of the building, unless such non-conforming building, including
all additions, alterations and enlargements, shall conform to all of
the restrictions of the district in which it is located. The percentage
of the gross floor area or exterior wall area subjected to an alteration
shall be the aggregate percentage for any consecutive three-year
85045 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.07
period.
b. a non-conforming single dwelling unit building shall not be
added to or enlarged in any manner, or subjected to an alteration to
convert accessory buildings or portions thereof into living area,
unless all such additions, enlargements and alterations shall conform
to the setback and height restrictions of the district in which it is
located, and unless such non-conforming single dwelling unit
building, including all such additions, enlargements and alterations
shall conform to the building coverage restriction of the district in
which it is located.
2. Repairs, Maintenance and Remodeling. Non-conforming buildings may
be repaired, maintained and internally remodeled to an extent and in a
manner which does not violate the provisions of the preceding subparagraph
1.
3. Restoration. A non-conforming building, or a building all or
substantially all of which is used for a non-conforming use, which is
destroyed or damaged by fire, wind, earthquake, explosion or other
casualty, to the extent that the cost of restoration exceeds one-half of the
fair market value of the entire building on the date immediately prior to the
date of the casualty, shall not be restored unless the building, and the use,
shall conform to all of the restrictions of the district in which it is located. If
the cost of restoration is less than one-half of the fair market value of the
entire building on the date immediately prior to the date of the casualty,
then the building may be restored without so conforming; but if such
restoration is not begun within two years from the date of the casualty or is
not diligently prosecuted to completion, then the building shall not be
restored unless the building, and the use, conforms to all of the restrictions
of the district in which it is located. The Assessor, or other person selected
by the Manager, shall determine such cost of restoration and such fair
market value.
C. Non-Conforming Lots. A non-conforming lot in the R-1 District used or
intended for a single dwelling unit building shall be exempt from the width, depth,
area and lot width to perimeter ratio requirements of this Section, provided, that
the lot:
1. Is not less than 50 feet in width;
2. Is not less than 100 feet in depth;
3. Has at least 30 feet frontage on a street; and
4. Has not been at any time since October 22, 1951, been held in common
ownership with all or part of an adjoining or abutting lot or parcel which,
together, complied with the minimum width, depth and area and lot width
to perimeter ratio requirements imposed by this Section. If such lot and
850-46 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.07
adjoining or abutting lot or parcel has been held in such common
ownership, then the property so held in common ownership shall be subject
to the following:
a. if a non-conforming lot or parcel is, or at any time since October
22, 1951, has been, held in common ownership with all or part of an
adjoining or abutting parcel or lot which together comply with, or
come close to complying with, the minimum width, depth, area, and
lot width to perimeter ratio, requirements of this Section, then such
non-conforming lot or parcel and such adjoining or abutting parcel
or lot shall be considered as one lot and shall not be decreased in
size below such minimum requirements. If in a group of two or
more adjoining or abutting lots or parcels owned or controlled by
the same person, any single lot or parcel does not meet the full
minimum depth, width, area or lot width to perimeter ratio
requirements of this Section, such single lot or parcel shall not be
considered as a separate lot or parcel able to be conveyed and
developed under this Code.
Subd. 21 Relocation of Buildings and Structures. No building or structure shall be
moved, in whole or in part, into or within the City, unless every portion of such building
and structure, and its use, conforms to all of the restrictions of the district in which it is to
be located. The moving or relocation of a building or structure shall be undertaken and
done only in accordance with applicable provisions of Section 410 of this Code and State
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.
Subd 24 Sidewalks, Trails, Bicycle Facilities. In order to promote and provide safe and
effective sidewalks and trails in the City and encourage the use of bicycles for recreation
and transportation, the following improvements are required, as a condition of approval,
on developments requiring the approval of a Final Development Plan or the issuance of a
conditional use permit pursuant to Subsection 850.04. The expense of such improvements
shall be borne by the applicant.
85047 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.08
A. It is the policy of the City to require the construction of sidewalks and trails
wherever feasible so as to encourage pedestrian and bicycle connectivity
throughout the City. Therefore, developments shall provide sidewalks and trails
which adjoin the applicant's property i) in locations shown on the City's sidewalk
and trail plan and ii) in other locations where the Council finds that the provision
of such sidewalks and trails enhance public access to mass transit facilities or
connections to other existing or planned sidewalks, trails or public facilities.
B. Developments shall provide sidewalks between building entrances and sidewalks or
trails which exist or which will be constructed pursuant to this Subd.
C. Developments shall provide direct sidewalk and trail connections with adjoining
properties where appropriate.
D. Developments must provide direct sidewalk and trail connections to transit stations
or transit stops adjoining the property.
E. Design standards for sidewalks and trails shall be prescribed by the Engineer.
F. Non-residential developments having an off-street automobile parking requirement
of 20 or more spaces must provide off-street bicycle parking spaces where bicycles
may be parked and secured from theft by their owners. The minimum number of
bicycle parking spaces required shall be five percent of the automobile parking
space requirement. The design and placement of bicycle parking spaces and bicycle
racks used to secure bicycles shall be subject to the approval of the Engineer.
Whenever possible, bicycle parking spaces shall be located within 50 feet of a
public entrance to a principal building.
850.08 Parking and Circulation.
Subd. 1 Minimum Number of Spaces Required.
A. Single Dwelling Units, Double Dwelling Units and Residential Townhouses.
Two fully enclosed spaces per dwelling unit.
B. Apartment Buildings in the PRD District.
1. 1.25 fully enclosed spaces and 0.75 exposed spaces per dwelling unit.
2. The required number of exposed spaces may be reduced to not less than
0.5 spaces per dwelling unit if the number of enclosed spaces is increased
by a like amount so that the total number of exposed and enclosed spaces
equals not less than two per dwelling unit.
C. Senior Citizen Dwelling Unit Buildings in the PSR-4 and PSR-5 Subdistricts.
1. 0.5 exposed spaces and 0.25 enclosed spaces per senior citizen dwelling
unit.
i
2. In addition to subparagraph 1, the following spaces are required:
I
850-48 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.08
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:
1. One space per employee on the major shift, plus one space per
government-owned vehicle, plus ten visitor spaces; or
2. One space for each 200 square feet of gross floor area.
L. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square feet of
gross floor area.
85049 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.08
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. j
V. Offices, Medical and Dental Laboratories, Business or Professional Offices,
Financial Institutions, Employment Agencies and Travel Bureaus.
Gross Floor Area (GFA) Number of Spaces
0 - 20,000 sq. ft. GFA/200
20,001 - 220,000 sq. ft. GFA/{(0.00025*GFA)+195]
Over 220,000 sq. ft. GFA/250
i
W. Mixed Development District.
1. Residential: one enclosed space, plus 0.75 exposed space, per dwelling
unit.
850-50 Supplement 2006-02
Land Use, Platting and Zoning 850.08
City of Edina
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)+191
Over 220,000 sq. ft. GFA/300
ss
X. Multi-Tenant Industrial Buildings. onespfloorr each areas a00o1 follows,squarefeet of veo is
floor area, or the sum of the component gross
greater:
1. One space for each 200 square feet of office space.
2. One space for each 2,000 square feet of warehouse space.
3. One space for each 300 square feet of manufacturing, processing,
packaging, treatment and assembly space.
4. One space for each 500 square feet of space containing machines and
equipment for conducting scientific research, testing or experimentation.
5. One space for each 200 square feet of facilities for athletic, health and
weight reduction purposes; six spaces per court for handball, racquetball or
tennis.
Y. Automobile and Boat Sales - New or Used. One space spaceper
er 250 squarebut feet
eetinf
gross floor area, including show rooms, sales
service areas, plus three spaces for each service bay. Required parking spaces shall
not be used for the storage or display of vehicles, boats or other products.
Z. Furniture and Major Appliance Sales.
1. Over 2,500 square feet of gross floor area: one space per 400 square
feet of gross floor area.
2. Under 2,500 square feet of gross floor area: one space per 200 square
feet of gross floor area.
AA.Hotels and Motels. One space per guest unit, plus one space for each employee
on the major shift.
BB.Uses Allowed in the Planned Commercial Districts Except Uses For Which a
Parking Quantity is Otherwise Specified.
1. Shopping Centers. One space per 200 square feet of gross floor area
(including theaters and restaurants), plus one additional space for each ten
850-51 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.08
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.
I
2. Channelization.
3. Turn lanes.
4. Increased street width.
5. Warning lights.
6. Stacking lanes.
7. Location, number and width of curb cuts.
I
C. Circulation Within Parking Areas.
1. Unobstructed access to each parking space from a drive aisle shall be
provided.
2. Traffic moving from one part of a parking area to another shall be
capable of doing so without using a street.
3. Dead end drive aisles shall not be permitted.
4. Parking spaces oriented at an angle of less than 90 degrees to the drive
aisle shall be served only by way of one-way drive aisles.
D. Driveway Design.
1. Driveway width (back of curb to back of curb):
Maximum Minimum
One-way 20 feet 12 feet
Two-way 30 feet 24 feet
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.
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.
850-56 Supplement 2006-02
' I
City of Edina Land Use, Platting and Zoning 850.09
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
Regional Medical District.
850-57 Supplement 2006-02
i
City of Edina Land Use, Platting and Zoning 850.10
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
of this Section except for single dwelling unit or double dwelling unit lots, public
parks, playgrounds and athletic facilities, and public and private golf courses,
except that club houses, parking areas and other structures accessory to the golf
courses shall comply.
B. Landscape Plan Requirements. Landscape plans shall be prepared by a
landscape architect or other qualified individual acceptable to the Planner.
Landscape plans shall be drawn to a scale of not smaller than one inch equals 30
feet and shall include the following information:
1. Boundary lines of the property with accurate dimensions.
2. Locations of existing and proposed buildings, parking lots, roads and
other improvements.
3. Proposed grading plan with two-foot contour intervals.
4. Location, approximate size and common name of existing trees and
shrubs.
5. Planting schedule containing (i) symbols; (ii) quantities; (iii) common
names and botanical names; (iv) size of plant materials, (v) root condition, j
and (vi) special planting instructions.
850-58 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.10
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 2'/z " or greater 6' or greater 60% 25%
Accent 3'/a " or greater 8 ` or greater 20% 25%
Primary 41/a" or greater 10' or greater 10% 20%
Full 51/z" or greater 12' or greater 5% 20%
Calculations to determine minimum number of trees are always rounded up.
Tree size, as to deciduous, is the diameter of the tree measured 6 inches above
the ground. Tree size, as to coniferous, is measured in height.
All new overstory trees shall be balled and burlapped or moved from the
growing site by tree spade.
4. Species.
a. all required overstory trees shall be composed of species which are
classified as overstory trees by the American Nurseryman's
Association. Trees which are considered as half trees, shrubs,
understory trees or ornamental trees shall not be included in the count
of required overstory trees;
850-59 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.10
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
seeded;
b. undisturbed areas containing existing viable natural vegetation
which can be maintained free of weeds may be left undisturbed; and
c. slopes steeper than 3:1 may be seeded.
D. Landscaping Inspection Fee. A landscaping inspection fee in the amount set out
in Section 185 of this Code shall be paid to the City at the time a building or other
permit is issued for work to be done on the same property as the landscaping work,
and as a condition to the issuance of the permit.
Subd. 2 Screening.
A. Screening Required. The following uses shall be screened in accordance with
the requirements of this Subdivision 850.10:
1. Non-residential principal buildings or structures, and any building or
structure accessory thereto, shall be screened from lots in the R-1 District
which are used for single dwelling unit buildings and which are located
within 200 feet of the non-residential use. The distance shall be the shortest
distance between the non-residential building or structure to be screened and
the nearest lot line of the R-1 District lot, but shall not extend across a
street;
2. Principal buildings or structures, or any building or structure accessory
thereto, located in the Planned Industrial District or Planned Commercial
District shall be screened from lots used for any residential purpose which
are located within 200 feet. The distance shall be the shortest distance
between the PID or PCD building or structure to be screened and the
850-60 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.10
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.
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.
850-61 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.11
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 (11-1).
Subd. 1 Principal Uses.
A. Buildings containing not more than one dwelling unit.
B. Publicly owned parks, playgrounds and athletic facilities.
C. Publicly and privately owned golf courses, but not including driving ranges or
miniature golf courses as a principal use.
Subd. 2 Conditional Uses.
A. Religious institutions, including churches, synagogues, chapels and temples.
B. Elementary schools, junior high schools and senior high schools having a
regular course of study accredited by the Minnesota Department of Education,
preschools and community centers.
C. Publicly owned and operated civic and cultural institutions including, but not
limited to, administrative offices, libraries, public safety buildings and places of
assembly.
D. Golf course club houses.
E. Parking facilities and other uses which are accessory to conditional uses
including, but not limited to, seminaries, private schools, monasteries and
nunneries, but excluding preschools, nurseries and day care permitted by paragraph
C. of Subd. 3 of this Subsection 850.11.
F. Temporary Conditional Uses allowed pursuant to Subd. 5 of Subsection
850.04.
G. Day care facilities, pre-schools and nursery schools.
Subd. 3 Accessory Uses.
A. The following accessory uses are permitted on the same lot as a single dwelling
unit building:
1. Accessory garages.
850-62 Supplement 2006-02
r City of Edina Land Use, Platting and Zoning 850.11
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
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.
850-63 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.11
1. Schools for teaching music, dance, arts or business vocations which do
not require a conditional use permit pursuant to paragraph D. of Subd. 4 of
this Subsection 850.11; and
2. Administrative offices and meeting rooms (excluding lodge halls) for
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 j
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.
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
850-64 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.11
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
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,
850-65 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.11
however, that the area occupied by all buildings and structures shall not
exceed 2,250 square feet.
3. The combined total area occupied by all accessory buildings and
structures, excluding attached garages, shall not exceed 1,000 square feet
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
fencing and lighting
850-66 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.11
g. all other accessory 30' 15' 5' S'
buildings and structures
4. Other Uses:
a. All conditional use 50' 50' 50' 50'
buildings or structures
including accessory thereto
except parking lots, day
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 21/2 stories or 30 feet
buildings and structures whichever is less
accessory thereto.
2. Buildings and structures 1 1/z stories or 18 feet
accessory to single whichever is less
dwelling unit buildings,
but not attached thereto.
3. All other buildings and 3 stories or 40 feet
structures whichever is less
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply.
A. Special Setback Requirements for Single Dwelling Unit Lots.
1. Established Average Setback. When more than 25 percent of the
frontage on one side of a street between intersections is occupied by
buildings having front street setbacks of more or less than 30 feet, the
average setback of such existing buildings shall be maintained by all new or
relocated buildings or structures or additions thereto on the same side of
that street and between said intersections. If a building or structure or
addition thereto is to be built or located where there is an established
average setback and there are existing buildings on only one side of the
built or relocated building or structure or addition thereto, the front street
setback of said new or relocated building or structure or addition thereto
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,
850-67 Supplement 2006-02
i
City of Edina Land Use, Platting and Zoning 850.11
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
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.
850-68 Supplement 2006-02
w City of Edina Land Use, Platting and Zoning 850.12
B. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling
unit shall be erected, placed or used on any lot unless the lot is subdivided into two
or more lots pursuant to Section 810 of this Code.
C. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 150 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
D. Basements. All single dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for purposes of this paragraph.
E. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a single dwelling unit building shall measure less than 18 feet in
width as measured from the exterior of the exterior walls.
F. Parking Ramps Prohibited. No parking ramp shall be constructed in the R-1
District.
G. Temporary retail sales of evergreen products from Conditional Use properties
1. The Manager may grant a permit for temporary retail sales of evergreen
products, if:
a. the owner of the property or other non-profit group approved by the
owner conducts the sale.
b. the duration of the sale does not exceed 45 consecutive days and does not
start before November 15 in any year.
c. the sale area is located in a suitable off-street location that does not
interfere with traffic circulation on the site or obstruct parking spaces needed
by the principal use on the site.
d. the sale area is not located within 200 feet of a property zoned and used
for residential occupancy.
e. the hours of operation do not extend beyond 10:00 p.m.
f. signage is limited to one sign per street frontage with an aggregate sign
area not exceeding 100 square feet.
850.12 Double Dwelling Unit District (R-2).
Subd. 1 Principal Uses. Buildings containing two dwelling units.
Subd. 2 Accessory uses.
A. Accessory garages.
B. Greenhouses, garden houses, decks, patios and gazebos.
850-69 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.12
C. Tool houses and sheds for storage of domestic supplies.
D. Private swimming pools, tennis courts and other recreational facilities for use
only by residents of the principal use and their guests.
E. Improvements customarily incidental to single dwelling unit buildings
including, but not limited to, driveways, sidewalks, flagpoles and clotheslines.
F. Customary home occupations.
Subd. 3 Requirements for Lot Areas and Dimensions.
A. Minimum Lot Area (per double dwelling 15,000 sq. ft.
unit building
B. Minimum Lot Width 90 ft.
Subd. 4 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage 25%
B. Setbacks (subject to the provisions of
paragraph D. of Subd. 5 of this Subsection
850.12
1. Principal Use Buildings:
Front street setback 30 ft.
Side street setback 15 ft.
Interior side yard setback 10 ft.
Rear yard setback 35 ft.
2. Accessory Buildings and Structures. Setbacks for accessory
buildings and structures shall be the same as those required by this
Section for building and structures accessory to single dwelling unit
buildings in the R-1 District.
C. Height: 2'/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
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
subdivided pursuant to Section 810 of this Code along the common party walls
850-70 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.13
between the dwelling units, provided that:
1. A building permit has been issued and the building foundation is in
place;
2. Each parcel resulting from the subdivision must have frontage on a
public street of not less than 25 feet;
3. The parcels resulting from the subdivision shall each comprise
approximately the same number of square feet, and no an individual parcel
shall be less than 5,000 square feet; and
4. A rear yard not less than 25 feet in depth must be provided for each
dwelling unit.
If the above conditions cannot be met, the lot may be subdivided by means of a
townhouse plat.
D. Special Setback Requirements for Double Dwelling Unit Buildings. Double
dwelling unit buildings shall comply with the special requirements for single
dwelling unit building setbacks, as provided in paragraph A. of Subd. 7 of
Subsection 850.11.
E. Decks and Patios. Notwithstanding the provisions of Subsection 850.07, the
first 200 square feet of an unenclosed deck or patio shall not be included when
computing building coverage.
F. Basements. All double dwelling unit buildings shall be constructed with a
basement having a gross floor area equal to at least 50 percent of the gross floor
area of the story next above. The floor area of accessory uses shall not be included
for the purposes of this paragraph.
G. Minimum Building Width. No more than 30 percent of the length, in the
aggregate, of a double dwelling unit building shall measure less than eighteen feet
in width, as measured from the exterior of the exterior walls.
850.13 Planned Residence District (PRD, PSR).
Subd. 1 Subdistricts. The Planned Resident District shall be divided into the following
subdistricts:
Planned Resident District - 1 (PRD-1)
Planned Resident District - 2 (PRD-2)
Planned Resident District - 3 (PRD-3)
Planned Resident District - 4 (PRD-4)
Planned Resident District - 5 (PRD-5)
Planned Senior Residence - 3 (PSR-3)
Planned Senior Residence - 4 (PSR-4)
850-71 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.13
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.
I
PRD - 3 7,300 Sq. ft. 0 sq. ft.
PRD - 3 4,400 sq. ft. 1,500 sq. ft.
PRD - 4 2,900 sq. ft. 1,500 sq. ft.
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.
850-72 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.13
B. Schedule of Allowances.
1. PRD-3
a. subtract 500 square feet for each parking space within or under the
principal building or otherwise completely underground. (No more
than 1.5 spaces per dwelling unit shall be counted).
b. subtract 500 square feet for each dwelling unit if all principal
buildings conform to all specifications of Type I or II construction as
defined in the State Building Code as adopted by Section 410 of this
Code.
c. subtract 250 square feet for each dwelling unit if at least a 500 foot
spacing is maintained between each principal and accessory building
and the nearest lot line of a lot in the R-1 District used for residential
purposes.
d. add 500 square feet for each bedroom in excess of two in any one
dwelling unit.
e. subtract 250 square feet for each dwelling unit if the tract is within
2,000 feet of an accessible freeway interchange (nearest lot line to
center of interchange).
2. PRD-4
a. all allowances permitted by paragraph B.1 of this Subd. 4 for
PRD-3.
b. subtract 250 square feet for each dwelling unit if the tract is three
acres or more in area.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than ten percent.
3. PSR-3 and PSR-4
a. all allowances permitted by paragraph B.2 of this Subd. 4 for
PRD-4.
b. subtract 1,000 square feet for each senior citizen dwelling unit.
Subd. 5 Requirements for Building Coverage, Setbacks, Height.
A. Maximum Building Coverage and FAR.
Maximum FAR
Building
Coverage
PRD - 1 25% --
850-73 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.13
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
PRD 3 3 stories or 40 feet, whichever is less
PRD — 4, 5 No maximum; height is determined b required
g Y
setbacks.
PSR - 3 3 stories or 40 feet, whichever is less.
PSR - 4 No maximum; height is determined by required
setbacks.
850-74 Supplement 2006-02
M City of Edina Land Use, Platting and Zoning 850.13
Subd. 6 Usable Lot Area. Usable lot area not less than the amount specified below
shall be provided on the tract. This space must be easily accessible by residents of the
principal building. The front yard and side yard established by the required front street or
side street setback and areas occupied by driveways, parking areas and buildings shall not
be included as usable lot area. Areas within the tract and dedicated by the tract owner to
the general public shall be included in usable lot area computations.
Per Dwelling Unit
PRD - 1 2,000 sq. ft.
PRD - 2 1,500 sq. ft.
PRD - 3, 4 400 sq. ft.
PSR - 3 200 sq. ft.
PSR -4 100 sq. ft.
Subd. 7 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Minimum Tract Area - PRD-1. 10 acres
B. Minimum Floor Area per Dwelling Unit.
PSR PRD (except
PRD-5)
Efficiency -- 500 sq. ft.
One Bedroom 500 minimum sq. ft. 750 sq. ft.
700 maximum sq. ft.
Two Bedroom 750 minimum sq. ft. 950 sq. ft.
850 maximum sq. ft.
Additional Bedrooms -- 150 sq. ft.
For purposes hereof, floor area shall be the area within, and measured from, the
inside of exterior walls and from the center of interior walls bounding the dwelling
unit, but shall not include furnace rooms, utility rooms, storage areas not within
the dwelling unit, garages or any common areas which are used by residents of two
or more dwelling units, including stairways, entries, foyers, balconies and porches.
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.
850-75 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.14
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
i
h = building height
850.14 Mixed Development District (NIDD).
Subd. 1 Subdistricts. The Mixed Development District shall be divided into the
following subdistricts:
Mixed Development District - 3 (MDD-3)
Mixed Development District - 4 (MDD-4)
Mixed Development District - 5 (MDD-5)
Mixed Development District - 6 (MDD-6)
Subd. 2 Principal Uses.
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.
I
850-76 Supplement 2006-02
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City of Edina Land Use, Platting and Zoning 850.14
4. Offices, including business and professional offices, medical and dental
offices, post offices, travel agencies and travel bureaus.
5. Financial institutions excluding pawn shops.
6. Publicly-owned parking facilities.
7. Day care.
8. Suites Hotels.
B. MDD-6:
1. All principal uses in the MDD-3, MDD-4, and MDD-5 subdistricts.
2. All principal uses in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory shops.
c. clubs and lodge halls.
d. exterminating offices.
e. undertaking and funeral home establishments.
3. Health and athletic clubs.
4. Department stores or shopping centers exceeding 40,000 square feet.
Subd. 3 Accessory Uses.
A. Recreational facilities solely for the use and enjoyment of residents of a
residential principal use and their guests.
B. Customary home occupations.
C. Mass transit passenger waiting and pick-up facilities.
Subd. 4 Conditional Uses.
A. MDD-3, MDD-4, and MDD-5.
1. Privately owned recreational facilities other than those permitted in
paragraph A. of Subd. 3 of this Subsection 850.14.
2. Drive-through facilities.
3. All principal uses allowed in the PCD-1 and PCD-2 subdistricts, except:
a. animal hospitals and kennels.
b. automotive accessory stores.
850-77 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.14
c. clubs and lodge halls.
i
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.
i
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 j
dwelling unit.
c. subtract 250 square feet for each dwelling unit if total building
coverage is less than 20 percent. (Buildings devoted to public or
private park, or an accessory recreational facility, shall be excluded
from building coverage for purposes of this allowance).
d. subtract 400 square feet for each dwelling unit if the Mixed
Development District includes a publicly owned park that is developed
or programmed to be developed with recreational facilities or other
facilities for the use and enjoyment of the general public.
e. subtract 600 square feet for each dwelling unit reserved for sale or
rent to persons of low and moderate income, as defined by, and
pursuant to an agreement approved by, the Housing and
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
850-78 Supplement 2006-02
k City of Edina Land Use, Platting and Zoning 850.14
exceed:
1. MDD-3, MDD-4 and MDD-5: 800 square feet of non-residential gross
floor area per dwelling unit shown on the approved Overall Development
Plan.
2. MDD-6 subdistrict: 1750 square feet of non-residential gross floor area
per dwelling unit shown on the approved Overall Development Plan.
Subd. 6 Requirements for Building Coverage, Setbacks and Height.
A. Maximum Building Coverage. 30 percent of the tract. Publicly owned buildings
or structures shall be excluded from building coverage computations.
B. Maximum Floor Area Ratio. Non-residential uses shall not exceed a FAR of
0.5. Non-residential uses and residential uses in the aggregate shall not exceed an
FAR of 1.0. Tract area shall include all area in the approved Overall Development
Plan, exclusive of public street rights-of-way. Publicly owned buildings or
structures shall be excluded from FAR computations.
C. Setbacks. Setbacks shall be measured from the boundary of the tract or from
public street right-of-way.
Interior
Front Side Side Rear
Street Street Yard Yard
MDD-3 35' 35' 20' 35'
MDD-4 35' 35' 35' 35'
MDD-5 50' 50' 50' 50'
MDD-6 35' 35' 20' 35'
The minimum building setback shall be increased by '/z foot for each foot the building
height exceeds the minimum required setback, provided, however, the required interior
side yard setback shall not be less than 35 feet if the boundary of the tract adjoins land
zoned and used for residential purposes.
D. Maximum Building Height.
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
850-79 Supplement 2006-02
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City of Edina Land Use, Platting and Zoning 850.14
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.
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.
850-80 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.15
850.15 Planned Office District (POD).
Subd. 1 Subdistricts. The Planned Office District shall be divided into the following
subdistricts:
Planned Office District - 1 (POD-1)
Planned Office District - 2 (POD-2)
Subd. 2 Principal Uses.
A. Business and professional offices.
B. Financial institutions including drive-through facilities, but excluding pawn
shops.
C. Post offices.
D. Clubs, lodge halls and non-profit organizations, excluding those providing food
or beverage services in the building or on the lot.
E. Facilities for athletic, health or weight control purposes, including, but not
limited to, handball, racquetball, tennis, reducing salons and aerobic dance studios,
provided that no seating or other facilities shall be allowed for spectator usage.
F. Medical and dental offices and clinics.
G. Employment agencies.
H. Travel bureaus.
I. Day care.
J. Public or private colleges, universities or schools.
Subd. 3 Conditional Uses.
A. Funeral Homes and Mortuaries
Subd. 4 Accessory Uses.
A. Off-street parking facilities.
B. In buildings having a gross floor area of 40,000 square feet or more, ten
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:
850-81 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.15
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
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
850-82 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.16
texture;
d. factory fabricated and finished metal framed panel construction if
the panel materials are any of those noted above; or
e. glass or pre-finished metal (other than unpainted galvanized
iron).
2. All subsequent additions, exterior alterations and accessory buildings
constructed after the erection of an original building or buildings shall be
constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming to the original
architectural design and general appearance.
850.16 Planned Commercial District (PCD).
Subd. 1 Subdistricts. The Planned Commercial District shall be divided into the
following subdistricts:
Planned Commercial District - 1 (PCD-1)
Planned Commercial District - 2 (PCD-2)
Planned Commercial District - 3 (PCD-3)
Planned Commercial District - 4 (PCD-4)
Subd. 2 Principal Uses in PCD-1.
Antique shops.
Art galleries.
Art studios.
Bakeries, provided the room or rooms containing the preparation and baking
process shall not have a gross floor area in excess of 2,500 square feet.
Barber shops.
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.
850-83 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.16
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.
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.
850-84 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.16
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-l.
Amusement and recreation establishments such as amusement arcades, commercial
bowling alleys and pool halls.
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.
850-85 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.16
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.
I
Office supplies stores.
Orthopedic and medical appliance stores, but excluding the manufacturing or
assembly of appliances or goods.
Paint and wallpaper stores.
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.
850-86 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.16
Sporting and camping goods stores.
Taxidermist shops.
Telegraph offices.
Theaters, but excluding outdoor or "drive-in" facilities.
Ticket agencies.
Trading stamps redemption stores.
Undertaking and funeral home establishments.
Subd. 4. Principal Uses in PCD-3.
Any principal use permitted in PCD-2, except offices requiring the issuance of a
conditional use permit.
Department stores or shopping centers exceeding 40,000 square feet of gross
floor area.
Transit stations.
Publicly owned uses.
Sexually oriented businesses.
Subd 5. Principal Uses in PCD-4.
Automobile service centers.
Car washes.
Gas stations.
Subd. 6. Conditional Uses.
A. PCD-1 and PCD-2. Multi-residential uses.
B. PCD-3.
Automobile agencies selling new, unused vehicles.
Boat or marine stores or agencies selling or displaying new, unused boats.
Multi-residential uses.
Offices except offices allowed as a permitted accessory use.
All non-residential uses that increase the FAR to more than 0.5.
850-87 Supplement 2006-02
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.
Offices accessory to an allowed principal use.
Subd. 10. Accessory Uses in PCD4.
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 (subject to the requirements of Subd. 12 of this
Subsection)
PCD-1 1.0 of the tract
PCD-2 1.5 of the tract
PCD-3 i) North of West 70' Street: 1.0 of the tract provided
that non-residential uses may not exceed 0.75.
850-88 Supplement 2006-02
Y City of Edina Land Use, Platting and Zoning 850.16
ii) South of West 70`' Street: 0.5 of the tract.
PCD-4 0.3 of the tract
B. Setbacks (Subject to the requirements of paragraphs A. and B. of Subd. 11 of
this Subsection).
Front Side Side Rear
Yard Yard Yard Yard
PCD-1 35'* 25'* 25'* 25'*
PCD-2 35'* 25'* 25'* 25'*
PCD-3
North of 70`' St 35'** 35'** 35'** 35'**
South of 70t St. 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
** Subject to the requirements of Subd. 12 of this Subsection.
C. Maximum Building Height.
PCD-1 Two stories
PCD-2 Four stories or 50 feet whichever is less
PCD-3 Maximum height is determined by Paragraphs C
and D of Subd. 12 of this Subsection.
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 and PCD-2. 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.
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City of Edina Land Use, Platting and Zoning 850.16
B. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear yard
setbacks including parking setbacks and loading facility setbacks apply only when the
side or rear lot line is a Planned Commercial District boundary.
C. Setbacks for PCD-3. The minimum building setback required by Paragraph B
of Subd. 11 of this subsection shall be increased as follows:
1. In the area bounded by France Avenue on the west , York Avenue on the
east and W. 70' Street on the south, the minimum building setback shall be
increased by 1/3 foot for each foot that the building exceeds 50 feet in building
height. For purposes hereof, only those portions of buildings which exceeds
50 feet in building height need provide the additional setbacks required by this
paragraph.
2. In all other areas, the minimum building setback shall be equal to the
building height for buildings taller than 50 feet.
Notwithstanding the requirement of this subsection, the City encourages i) ground
level retail and service uses that create an active pedestrian and streetscape
environment and ii) pedestrian connections by way of skyways and tunnels and,
therefore, the City Council will consider exceptions to setback requirements for
these purposes.
D. Maximum Building Height in PCD-3. Maximum building height in the PCD-3
subdistrict shall be as follows:
1. In the area bounded by France Avenue on the west, York Avenue on the east
and W. 70th Street on the south, the maximum building height shall be 18
stories or 225 feet, whichever is less.
2. In the area located west of France Avenue and the area located east of York
Avenue, the maximum building height shall be four stories or 50 feet,
whichever is less.
3. In all other areas, the maximum building height shall be equal to the
required setback.
E. Travel Demand Management. Final development plans for any office use in
the PCD-3 subdistrict which requires the issuance of a conditional use permit shall
include a travel demand management (TDM) plan prepared by an independent
TDM professional. The plan must document TDM measures and performance
measures to be implemented. Approval of the TDM plan by the City shall be a
condition of the issuance of the conditional use permit.
F. On Site Sanitary Sewerage Retention System. This paragraph applies to
properties served by Metropolitan Sewer Interceptor No.I-RF-491 Final
development plans for any new buildings or uses in the PCD-3 subdistrict that
require the issuance of a conditional use permit shall include plans for storage
tanks and other facilities designed to retain on site sanitary sewer discharges
during peak flow conditions that would otherwise enter the City's sanitary sewer
850-90 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.16
system. Such plans must be prepared by a registered professional engineer
acceptable to the City. The plans must provide for facilities designed to prevent
discharges to the sanitary sewer system during peak flow conditions, as defined
by the City Engineer, in amounts and volumes that exceed discharges that existed
prior to construction of the buildings and uses proposed by the final development
plans. Approval of the sanitary sewer retention system shall be a condition of the
conditional use permit and shall be approved by the City Engineer.
G. Proximity to R-1 District. The following minimum distance shall exist between
buildings in the Planned Commercial District and the nearest lot line of an R-1
District lot used for residential purposes:
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.
H. 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.
I. 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.
J. 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.
K. 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
850-91 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.16
permanent building as above described, is prohibited.
L. 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;
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.
M. 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.
N. 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.
O. 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.
P. 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.
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#City of Edina Land Use, Platting and Zoning 850.16
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.
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.
Q. 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.
R. 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
850-93 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.17 '
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.
S. Standards for Residential Dwelling Units.
1. No part of any dwelling unit shall be located in a basement or on the first story
of a building in the PCD-1 or the PCD-2 subdistricts.
2. In the PCD-1 and the PCD-2 subdistricts, the floor area of that portion of a
building used for multi-residential purposes shall not be included for the purpose
of calculating the maximum floor area ratio allowed by Paragraph A of Subd.
11 of this Subsection.
3. In the PCD-3 subdistrict, the floor area of buildings or portions thereof used
for multi- residential purposes shall be included for the purpose of calculating
the maximum floor area ratio allowed by Paragraph A of Subd. 11 of this
Subsection.
4. In the PCD-3 subdistrict, the maximum floor area ratio allowed by
Paragraph A of Subd. 11 of this Subsection may be increased by .25 by
including the floor areas of dwelling units classified as affordable housing units
pursuant to an agreement with the Housing and Redevelopment Authority of
Edina.
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.
850-94 Supplement 2006-02
-City of Edina Land Use, Platting and Zoning 850.17
F. Blueprinting, Photostatting and printing shops.
G. Office equipment showrooms and repair services.
H. Mini-storage warehouses for storage of domestic supplies, recreational vehicles
and equipment and other private property, if the owner of the private property is
responsible for transporting the property to and from the principal use, and further,
if the owner of the principal use does not establish the use as a carrier for the
purpose of a freight operation.
I. Animal hospitals, but excluding establishments with outside runs.
J. Currency exchanges as defined in M.S. 53A.
Subd. 2 Conditional Uses.
A. Religious Institutions, including churches, synagougues, chapels, temples and
mosques.
Subd. 3 Accessory Uses.
A. Warehousing of products manufactured by the principal use.
B. Offices and administrative facilities.
C. Shipping and receiving spaces, mailing rooms and order pick-up facilities.
D. Cafeterias, educational facilities, vending services and recreational
establishments for persons employed by the business comprising the principal use.
E. Within buildings having office space comprising not less than 40,000 square
feet of gross floor area, ten percent of the gross floor area may be occupied by
retail uses allowed in the PCD-1 and PCD-2 Districts, if the accessory uses are
accessible only from the interior of the principal building and have no signs or
displays relative to it visible from the outside of the principal building.
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.
850-95 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.17 ' ' `
a. may be increased to 60 percent if the total gross floor area on the
lot is contained within a single building and all portions of any loading
docks and berths are completely enclosed within the same single
building.
E. Maximum FAR: 0.5
1. May be increased to 0.6 for buildings which qualify for 60 percent
building coverage as provided in paragraph D of Subd. 3 of this Subsection
850.17.
F. Setbacks.
Interior
Front Side Side Rear
Street Street Yard Yard
50'* 50'* 20'* 20'*
* or the building height if greater.
G. Maximum Building Height. Four stories or 50 feet whichever is less.
Subd. 4 Special Requirements. In addition to the general requirements described in
Subsection 850.07, the following special requirements shall apply:
A. Increased Front Street and Side Street Setbacks. The minimum setback from a
street shall be increased to 75 feet if the tract is located across the street from
property in a residential district used for residential purposes.
B. Increased Side Yard and Rear Yard Setbacks. The minimum setback from an
interior lot line shall be increased to 100 feet if the lot line adjoins property in a j
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:
i
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:
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-City of Edina Land Use, Platting and Zoning 850.17
a. the sale will not impair the safe movement of traffic in the vicinity
and will not impact surrounding residential areas;
b. adequate facilities for off-street parking are available;
c. all buildings housing the sale have adequate fire protection facilities
and ingress and egress for the public;
d. the sale will not conflict with other scheduled sales in the vicinity;
e. prior sales conducted by the applicant conformed to the
requirements of this Section; and
f. adequate personnel for public safety purposes will be provided by
the applicant.
3. Additional requirements:
a. all goods shall be displayed and sold within the principal building;
b. no goods may be shipped to the building or lot especially for the
temporary retail sale or going out of business sale; and, if requested,
an inventory audit, spot check or verification of goods for sale shall be
given to the Manager within ten days before the sale; and
c. a permit granted and unused may be transferred to another day or
days by the Manager upon written request received by the Manager at
least ten days prior to the requested sale.
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.
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City of Edina Land Use, Platting and Zoning 850.17 '
E. Restrictions, Controls and Design Standards. Uses which because of the nature
of their operation are accompanied by an excess of noise, vibration, dust, dirt,
smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual
features shall be considered as "excessive" when they either exceed or deviate from
the limitations set forth in the following performance specifications.
1. Noise. Noise shall be measured on any property line of the tract on
which the use is located. Noise shall be muffled so as not to become
objectionable due to intermittence, beat frequency, shrillness or intensity.
At the property line, the sound pressure level of noise radiated continuously
from a facility shall not exceed the decibel levels given in the following
table. The sound pressure level shall be measured with a sound level meter
and on an associated octave band analyzer, both of which shall be
manufactured according to current specifications prescribed by the
American Standard Association. Measurement shall be made using the flat
network of the sound level meter.
Octave Band Frequency Maximum
(Cycles Per Second) Decibel Level
20-75 65
76-150 60
151-300 55
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.
I
i
850-98 Supplement 2006-02
' •City of Edina Land Use, Platting and Zoning 850.18
5. Odor. The use shall not, at any time, cause the discharge of toxic,
noxious or odorous matter beyond the confines of the principal building in
such concentrations as to be detrimental to or endanger the public health,
welfare, comfort or safety.
6. Glare. Glare, whether directed or reflected, such as from spotlights or
high temperature processes, and as differentiated from general illumination,
shall not be visible beyond the limits of the tract from which it originates.
7. Liquid Wastes. Liquid wastes containing any organic or toxic matter
shall be discharged either into a public sanitary sewer or treated in a manner
prescribed by the Health Department. The rate of liquid waste discharged
into the City's sanitary sewerage system shall not exceed 200 gallons per lot
per hour between the hours of 9:00 A.M. and 12:00 noon.
In order to ensure compliance with the performance standards set forth above, the
Planner may require the owner or operator of any use to make, without cost to the
City, investigations and tests as the Planner deems necessary, to show adherence
to the performance standards. The investigations and tests shall be done by an
independent testing organization approved by the Planner.
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.
850-99 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.19 '
Laboratories engaged in the production or manufacture of goods or products for
commercial sale or distribution shall not be considered laboratories within the
meaning and intent of this paragraph.
Subd. 2 Accessory Uses.
A. Living quarters and recreational and educational facilities for nurses, interns,
staff members, hospital employees and volunteers, if the uses are located within or
are contiguous to the principal building.
B. Off-street parking facilities for ambulances, service trucks and automobiles
owned by tenants, employees, patients and visitors.
C. Within principal buildings having a gross floor area of 40,000 square feet or
more, ten percent of the floor area may be occupied by retail uses allowed in the
PCD-1 and PCD-2 subdistricts, if the primary function of the uses is to serve the
needs of occupants of, and visitors to, the principal use.
D. Helistops for use by helicopters involved in emergency rescue operations.
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.
850-100 Supplement 2006-02
-City of Edina Land Use, Platting and Zoning 850.20
A. Parking ramps and garages.
Subd. 3 Requirements for Setbacks.
A. Parking Lots.
Interior
Front Side Side Rear
Street Street Yard Yard
20' 20' 10' 10'
B. Parking Ramps, Garages and Other Structures.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 209*
* 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.
7. 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.
8. 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.
9. 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:
d. Face brick.
e. Natural stone.
f. 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
850-101 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.20 '
present in buildings, sites, structures, objects and districts that reflects:
1. Association with important events or patterns of events that reflect
significant broad patterns in local history; or
2. Association with the lives of historically significant persons or groups
significant; or
3. Embodiment of the distinctive characteristics of an architectural style,
design, period, type, or method of construction; or that possess high
artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction; or
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.
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-City of Edina Land Use, Platting and Zoning 850.20
Subd. 6. Planning Commission Review. The City Planner shall submit all heritage
landmark nominations to the city planning commission for review and recommendations
prior to any Council action.
Subd. 7 Public Hearing. On receipt of the heritage landmark nomination documents
and the comments of the state historic preservation office and the city planning
commission, the Council shall hold a public hearing to consider the proposed landmark
designation.
Subd. 8 City Council Designation. The Council may designate a property as an Edina
Heritage Landmark by resolution.
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.
850-103 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.21 '
E. The City Planner and the Heritage Preservation Board may issue
certificates of appropriateness for work projects submitted voluntarily by
owners of heritage resources.
F. To assure compliance with the goals and policies of the comprehensive
heritage preservation plan, the Heritage Preservation Board shall review
every application for a preliminary plat, conditional use permit, variance, or
rezoning in relation to a designated heritage landmark; and the City planning
commission shall give the Heritage Preservation Board a reasonable
opportunity to comment on such,projects before making its recommendation
to the Council.
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
850-104 Supplement 2006-02
' -City of Edina Land Use, Platting and Zoning 850.21
with the standards established by the Minnesota Department of Natural
Resources.
3. National Flood Insurance Program Compliance. This Subsection is
adopted to comply with the rules and regulations of the National Flood
Insurance Program codified as 44 Code of Federal Regulations Parts 59 -
78, as amended, so as to maintain the community's eligibility in the
National Flood Insurance Program.
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.
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City of Edina Land Use, Platting and Zoning 850.21
Flood Proofing. A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for the
reduction or elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining flood plain which are reasonably required to
carry or store the regional flood discharge.
Lowest Floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for parking
of vehicles, building access, or storage in an area other than a basement area, is
not considered a building's lowest floor.
Manufactured Home. A structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term
"manufactured home" does not include the term "recreational vehicle."
Map. The Official Flood Plain Zoning Map described in Subd. 3 of this
Subsection 850.21.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into
any channel, watercourse, or regulatory flood plain which may impede, retard,
or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
Principal Use or Structure. Means all uses or structures that are not
accessory uses or structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
Recreational Vehicle. A vehicle that is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is designed to be
self-propelled or permanently towable by a light duty truck, and is designed
primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use. For the purposes of this
Subsection, the term recreational vehicle shall be synonymous with the term
travel trailer/travel vehicle.
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood"
used in the Flood Insurance Study prepared for the City.
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-City of Edina Land Use, Platting and Zoning 850.21
Regulatory Flood Protection Elevation. The regulatory flood protection
elevation shall be an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
Structure. As defined in Subsection 850.03.
Substantial Damage. Damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
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
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City of Edina Land Use, Platting and Zoning 850.21 '
numbered 27053C0342E, 27053C0344E, 27053C0361E, 27053C0362E,
27053C0363E, 27053C0364E, 27053C0432E, 27053C0451E, AND
27053CO452E for the City, dated September 2, 2004, as developed by the
Federal Emergency Management Agency. The Map shall be on file in the office
of the Planner.
C. Regulatory Flood Protection Elevation: The regulatory flood protection
elevation shall be an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
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.
�I
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
850-108 Supplement 2006-02
City of Edina Land Use, Platting and Zoning 850.21
restrictions of the General Flood Plain District shall also apply to such land.
Where the provisions in this Subsection 850.21 are inconsistent with or
contradictory to the provisions in any other section of this Code, then the most
stringent provisions shall apply and be complied with.
H. Severability: If any section, clause, provision, or portion of this Subsection
is adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this Subsection shall not be affected thereby.
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.
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City of Edina Land Use, Platting and Zoning 850.21 '
4. Mobile homes and mobile home parks, and recreational vehicles are
prohibited in the Floodway District (FW).
Subd. 5 Floodway District (FV)
I
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, i
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.
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-City of Edina Land Use, Platting and Zoning 850.21
4. Railroads, streets, bridges, utility transmission lines, and pipelines.
5. Storage yards for equipment, machinery, or materials.
6. Placement of fill or construction of fences.
7. Structural works for flood control such as levees, dikes and floodwalls
constructed to any height where the intent is to protect individual
structures and levees or dikes where the intent is to protect agricultural
crops for a frequency flood event equal to or less than the 10-year
frequency flood event.
D. Standards for Floodway District Conditional Uses:
1. All Uses. No structure (temporary or permanent), fill (including fill for
roads and levees), deposit, obstruction, storage of materials or equipment, or
other uses may be allowed as a conditional use that will cause any increase
in the stage of the 100-year or regional flood or cause an increase in flood
damages in the reach or reaches affected.
2. All floodway conditional uses shall be subject to the procedures and
standards contained in paragraph D. of Subd. 11 of this Subsection 850.21.
3. The conditional use shall be permissible in the underlying zoning district
established by this Section 850.
4. Fill:
a. fill, dredge spoil, and all other similar materials deposited or stored
in the flood plain shall be protected from erosion by vegetative cover,
mulching, riprap or other acceptable method.
b. dredge spoil sites and sand and gravel operations shall not be
allowed in the floodway unless a long-term site development plan is
submitted which includes an erosion/sedimentation prevention element
to the plan.
c. as an alternative, and consistent with subparagraph b. immediately
above, dredge spoil disposal and sand and gravel operations may allow
temporary, on-site storage of fill or other materials which would have
caused an increase to the stage of the 100-year or regional flood but
only after the City has received an appropriate plan which assures the
removal of the materials from the floodway based upon the flood
warning time available. The conditional use permit must be title filed
for record against the property in the Hennepin County real estate
records.
5. Accessory Structures:
a. Accessory structures shall not be designed for human habitation.
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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
i
(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.
850-116 Supplement 2006-02
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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
I,
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 j
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.
850-118 Supplement 2006-02
i
-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
850-119 Supplement 2006-02
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. II 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.
850-120 Supplement 2006-02
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
850-121 Supplement 2006-02
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
850-122 Supplement 2006-02
• '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
850-123 Supplement 2006-02
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.
850-124 Supplement 2006-02
• -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.
850-125 Supplement 2006-02
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., FP-1 thru FP-4 floodproofing
classifications) allowable in the Building Code, except as further
restricted in subparagraphs 3. - 6. below.
3. The cost of any structural alterations or additions to any
nonconforming structure over the life of the structure shall not exceed 50
percent of the market value of the structure unless the conditions of this
Section are satisfied. The cost of all structural alterations and additions
constructed since the adoption of the Community's initial flood plain
controls must be calculated into today's current cost which will include
all costs such as construction materials and a reasonable cost placed on
all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the current market value
of the structure, then the structure must meet the standards of Subd. 5
and 6 of this Subsection for new structures depending upon whether the
structure is in the Floodway or Flood Fringe District, respectively.
4. If any nonconforming use is discontinued for 12 consecutive months,
any future use of the building premises shall conform to this Subsection.
The Assessor shall notify the Planner in writing if aware of instances of
nonconforming uses that have been discontinued for a period of 12
months.
5. If this is substantial damage to any nonconforming use or structure,
it shall not be reconstructed except in conformity with the provisions of
this Subsection 850.21. The applicable provisions for establishing new
uses or new structures in Subd. 5, 6 and 7 of this Subsection 850.21 will
850-126 Supplement 2006-02
r
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
controls; or (2) notify the responsible party to apply for an after-the-fact
permit/development approval within a specified period of time not to
exceed 30-days.
850-127 Supplement 2007-01
City of Edina Land Use, Platting and Zoning 850.21
4. If the responsible party does not appropriately respond to the Planner
within the specified period of time, each additional day that lapses shall
constitute an additional violation of this Subsection and shall be
prosecuted accordingly. The Planner shall also upon the lapse of the
specified response period notify the landowner to restore the land to the
condition which existed prior to the violation of this Subsection.
Subd. 14 Amendments
A. The flood plain designation on the Map shall not be removed from flood
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-AI not published; amended
by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-86, 825-A7 5-
28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825-A10 not granted; 825-A11 9-2-87, 825-Al2 12-24-86;
825-A13 referred to staff--Council minutes 1-16-87; amended by 825-A14 12-24-86, 825-A15 2-11-87,
825-A16 2-11-87; 825-A17 not developed; 825-A18 9-2-87, 825-A19 5-27-87, 825-A20 4-29-89; 825-
A21 not developed; 825-A22 3-23-88; 825-23 referred to Planning Commission 6-06-88; 825-A24
withdrawn; 825-A25 5-03-89, 825-A26 8-24-88; 825-A2710-30-91; amended by 825-A28 5-03-89, 825-
A29 5-03-89, 825-A30 12-13-89, 825-A31 10-25-89, 825-A32 12-20-89, 825-A33 1-31-90, 825-A34 8-
29-90, 825-A35 8-29-90, 825-A36 8-29-90; 825-A37 reconsidered; 825-A38 11-28-90. Amended by
Ord. 850-AI 3-3-93; Ord 850-A2 6-30-93;Ord 850-A3 8-2-93; Ord. 1993-10 8-16-93; Ord 850-A4 8-
15-94; Ord 850-A5 9-19-94; Ord. 1995-6 8-7-95; Ord. 1995-10 12-04-95; Ord 1995-9 2-5-96; Ord
850-A7 5-20-96; Ord 1996-2 9-16-96,-Ord 850-A8, 12-16-9; Ord 1997-2 2-18-97; Ord 850-A9, 4-21-
97; Ord 850-A10, 4-21-97; Ord 850-A11, 7-7-97; Ord 850-Al2, 9-15-97; Ord 1997-11 11-5-97; Ord
850-A13, 2-17-98; Ord 850-A14, 5-18-98; Ord 850-A15, 9-22-98; Ord 1999-11, 11-16-99; Ord 850-
A16, 2-15-00; Ord 2000-4, 2-15-00; Ord 850-A17 4-18-00; Ord 850-A18 7-5-00; Ord 2000-7 7-5-
00;Ord 850-A19 16-00; Ord 850-A20 6-19-01; Ord 850-A21 6-19-01; Ord 2001-03, 6-19-01; Ord
2001-710-3-01; Ord No. 850-A22 3-19-02; Ord No. 2002-03, 6-18-02; Ord 2002-06 9-27-02; 2003-03
2-4-03; 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; Ord 2006-01, 03-06-06; Ord 2006-02, 03-06-06; Ord
2007-03; 02-20-07
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.
850-128 Supplement 2007-01
City of Edina Misdemeanors and Nuisances 1040.03
Section 1040 - Noises Disturbing the Public Peace
1040.01 Regulations Adopted; Measurement of Sound Levels.
Subd. 1 M.P.C.A.Regulations Adopted. There is hereby adopted and incorporated
herein by reference as a part of this Section, the Noise Pollution Control Regulations of
the Minnesota Pollution Control Agency, Air Quality Division, published as Minnesota
Rules, 1991, Chapter 7010 ("Regulations"), except as amended by
Subd. 2 of this Subsection.
Subd. 2 Measurement of Acceptable Sound Levels. Section 7010.0600 of the
Regulations is amended to read as follows:
A. A measurement procedure approved by the Sanitarian shall be used to
determine the acceptability of sound levels in a given area. Such measurements
shall be made using the following guidelines;
1. If the noise emanates from a place other than a building or structure,
then the measurement shall be made at the point of human activity in the
receiving area which is the nearest the noise source and which is typical
for the noise area classification category of the receiving area, except
where existing barriers, obstructions or reflecting surfaces prevent an
accurate measurement; and
2. If the noise emanates from a building or structure, then the
measurement shall be made from the property line of the property on
which the building or structure is situated.
1040.02 Prohibited Noises. No person shall make, continue, or cause or allow to be made or
continued, any noise which exceeds the standards set forth in the Regulations. The foregoing
prohibition shall not apply to the following conditions:
A. Noises necessary for the protection or preservation of property or of the health,
safety, life or limb of a human being;
B. The operation of motor vehicles on public highways, locomotives and railroad cars,
maintenance of utility easements or parks or snow removal by the City, County or State;
C. Construction equipment at construction sites during daytime hours.
1040.03 Hourly Restrictions on Certain Operations. No person shall, between the hours of
10:00 P.M. and 7:00 A.M.:
1040- 1
City of Edina Misdemeanors and Nuisances 1040.07
A Operate a snowmobile, minibike, all terrain vehicle, or other vehicle not licensed for
travel on public streets, provided vehicles used by physically disabled persons as defined
by MS 169.356, Subd. 2 are exempt from this requirement.
B. Operate a power lawn mower, power hedge clipper, power leaf blower, chain saw
mulcher, garden tiller, edger, drill or other similar maintenance equipment. Provided,
however, i)the use of fairway and greens mowers and other motorized equipment used
to maintain golf courses and publicly owned property and, ii) the use of snow removal
equipment are exempt from this requirement.
C. Collect garbage or refuse within 200 feet of a building used for residential purposes.
D. Engage in or permit construction activities which produce any audible noise beyond
the property line of the property where the activity is occurring, provided construction
activities performed in public streets and highways by the City, the County or the State
are exempt from this requirement subject to the approval of the Manager.
1040.04 Codes on File. One co of each of the following, each marked Official Co shall
PY � ,
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be filed in the office of the Clerk for use and examination by the public:
i
Subd. 1 Minnesota Pollution Control Agency. Noise Pollution Control Regulations
of the Minnesota Pollution Control Agency Air Quality Division published as Minnesota
Rules, 1991, Chapter 7010; and
Subd. 2 American National Standards Institute. American National Standards
Institute Specification for Sound Level Meters, SIA-1983.
1040.05 Advertising Noises. No person shall make or cause to be made for the purpose of
advertising or announcing the person's vocation or presence, or in connection with the buying or
selling of any goods,wares, merchandise, services, or anything whatsoever, or with the carrying
on of any trade, occupation,vocation, or profit-making activity, an amplification of the voice, or
of any bell, gong, horn, instrument, article or device. The violation of this Subsection in
connection with any license or permit shall be cause for its revocation or suspension pursuant to j
Section 160 of this Code.
1040.06 Engines to be Muffled. It shall be unlawful to operate or cause to be operated any
noise-creating blower or power fan, internal combustion engine, air compressor or steam engine,
the operation of which causes noises due to the explosion of operating gases of fluids, unless the
noise from such blower or fan is muffled and such engine or compressor is equipped with a
muffler device sufficient to deaden such noises, so that the noise shall not cause annoyance to the
public or disturb the rest and quiet of persons of normal sensibilities in the vicinity.
i
1040.07 Mechanical Sound Devices. No person shall make, cause or allow to be made or
continued, any unreasonably loud or raucous noise, in the operation or use of any radio,
1040-2
i
City of Edina Misdemeanors and Nuisances 1040.10
phonograph or other mechanical, pneumatic or electrical sound-making or reproducing device,
instrument or machine, which disturbs the comfort, quiet or repose of persons of normal
sensibilities in the vicinity.
1040.08 Alarm Systems. No person shall permit an automatic fire alarm or intrusion alarm
system under the person's control to emit, for period exceeding 20 minutes, an audible alarm
which disturbs the comfort, quiet or repose of persons of normal sensibilities in the vicinity.
1040.09 Permit Necessary for Loudspeakers and Similar Devices. No person shall use or
operate, or cause or allow to be used or operated, in any public street or place, or from any
aircraft, or in front of or outside of any building, place or premises, or in or through any window,
doorway or opening of such building, place or premises, abutting on or adjacent to any public
street or place, any device, apparatus or instrument for the amplification of the human voice or
any other sound or noise, or any other sound-making or sound-reproducing devices, without
obtaining a permit from the City. Application for the permit shall be made to the Clerk on forms
provided by the Clerk. The provisions of Section 160 of this Code shall apply to permits issued
under this Subsection and to the holders of such permits. The application shall require, among
other information required by Section 160 of this Code, the hours and location of the proposed
use, and the maximum volume(in decibels) of the proposed use. If the proposed use complies
with the provisions of this Section and other applicable provisions of this Code, the permit shall
be granted. The fee for such permit shall be set forth in Section 185 of this Code. Subsequent
violation of any provision of this Section or this Code by the permit holder shall be cause for
revocation or suspension of the permit pursuant to Section 160 of this Code. This Subsection
shall not apply to emergency vehicles or loudspeakers and similar devices used by the City.
1040.10 Participants as Violators. Any person on the premises or at the place from which any
noise emanates which violates the provisions of this Section, and who is participating in the
activity for which or from which the noise is being made, shall be deemed to be making, or
allowing to be made, the noise in violation of this Section.
History: Ord 1032 codified 1970; amended by 1032-Al 8-12-81, 1032-A2 9-29-82, 1032-A3
9-10-84; Ord 1995-6 8-17-95
Reference: Minnesota Rules, 1991, Chapter 7010
Cross Reference: Sections 160, 185
1040- 3
City of Edina Misdemeanors and Nuisances 1055.05
Section 1055 - Control and Prevention of Shade Tree Diseases
1055.01 Declaration of Policy. The Council has determined that the health of elm and oak
trees within the City is threatened by diseases to these trees, commonly referred to as
"Dutch elm disease" and 'oak wilt disease," such diseases being known in scientific terms
as Ceratocystis ulmi and Ceratocystis fagacearum, respectively. It has further determined
that the loss of elm and oak trees growing upon public and private property will
substantially depreciate the value of property within the City and impair the safety and
general welfare of the public. It is declared to be the intention of the City to control and
prevent the spread of these diseases, and this Section is enacted for that purpose.
1055.02 Tree Inspector. The position of Tree Inspector is hereby created within the City
pursuant to M.S. 18.023, Subd. 5 to carry out the provisions of M.S. 18.023. The Manager
is directed to employ or retain on a continuing basis a suitably qualified person as Tree
Inspector, who shall be certified as a tree inspector by the State Commissioner of
Agriculture. It is the duty of the Tree Inspector to coordinate, under the direction and
control of the Council, all activities of the City relating to the control and prevention of
Dutch elm disease and oak wilt disease. The Tree Inspector shall recommend to the
Council details of the program for the control of such diseases, and perform the duties
incident to such a program adopted by the Council.
1055.03 Shade Tree Disease Control Program. It is the intention of the City to conduct
a program of plant pest control pursuant to the authority granted by M.S. 18.023. The
Tree Inspector shall develop a program plan in compliance with M.S. 18.023 and the
regulations issued pursuant thereto, for the identification and control of diseased elm and
oak trees, and shall be responsible for the making and maintenance of all records and
reports related to the program. The Tree Inspector shall act as coordinator between the
State Commissioner of Agriculture and the City in the conduct of this program.
1055.04 Nuisances Declared. The following are public nuisances, wherever they may be
found within the City:
Subd. 1 Live Infected Trees. Any elm tree infected with Dutch elm disease, or
any oak tree infected with oak wilt disease; and
Subd. 2 Dead Infected Wood. Any dead elm or oak tree or part thereof, including
logs, branches, stumps and firewood or other material from which the bark has not
been removed.
1055.05 Abatement. It is unlawful for any person to permit any public nuisance, as
defined by Subsection 1055.04, to remain on any premises or boulevard owned or
controlled by that person within the City. Such nuisances may be abated in the manner
prescribed by this Section.
1055 - 1
City of Edina Misdemeanors and Nuisances 1055.08
1055.06 Inspection and Investigation. The Tree Inspector shall inspect all premises and
places within the City as often as practicable to determine whether any nuisance described
in Subsection 1055.04 exists. The Tree Inspector shall investigate all reported incidents
of infestation by Dutch elm fungus of elm bark beetles or oak wilt. The Tree Inspector, or
the duly authorized agents, may enter upon private premises at any reasonable time for the
purpose of c out an of the duties assigned the Tree Inspector under this Section.
PSP ung Y �
The Tree Inspector, upon finding conditions indicating Dutch elm disease or oak wilt
disease infestation, may send appropriate samples to the State Diagnostic Laboratory for
diagnosis as may be recommended by the State Commissioner of Agriculture.
1055.07 Abatement and Spraying of Shade Tree Disease Nuisances. In abating or ordering
the abatement of the nuisances defined in Subsection 1055.04, the Tree Inspector shall
cause or order the infected tree or wood to be sprayed, removed, burned, or otherwise
effectively treated so as to destroy and prevent as fully as possible the spread of the
diseases. Such abatement procedures shall be carried out in accordance with prescribed
methods approved by the State Commissioner of Agriculture. Whenever the Tree Inspector
determines that any elm or oak tree or elm or oak wood within the City is infected with
Dutch elm or oak wilt disease, the Tree Inspector may spray all nearby elm or oak trees
with an effective pesticide. Spraying activities authorized by this Section shall be
conducted in accordance with the technical and expert opinion and plans of the State
Commissioner of Agriculture and under the supervision of the State Commissioner or
agents of the Commissioner whenever possible.
1055.08 Procedure for Abatement of Nuisances.
Subd. 1 Public Streets or Boulevards. Whenever the Tree Inspector finds with
reasonable certainty that a nuisance defined in Subsection 1050.04 exists in any tree
or wood within a public street or boulevard in the City, the Tree Inspector shall
notify the abutting property owner or owners by mail of the infestation, and specify
a time in which the infestation shall be sprayed, removed or otherwise treated by
such owner or owners to the satisfaction of the Tree Inspector. The notice shall
also state that if the nuisance shall not have been abated by the owner within the
time provided, it will be abated by the City and that the entire cost will be billed
to the owner and if not paid shall be assessed against the abutting property under
M.S. 429.101.
Subd. 2 On Private Property. Whenever the Tree Inspector finds with reasonable
certainty that a nuisance defined in Subsection 1055.04 exists in any tree or wood
located on private property in the City, the Tree Inspector shall notify the owner of
the property by mail of the infestation, and specify a time in which the infestation
shall be sprayed, removed or otherwise treated by the owner. The notice shall also
state that if the nuisance shall not have been abated by the owner within the time
provided, it will be abated by the City and the entire cost will be billed to the
owner, and if not paid shall be assessed against the property under M.S. 429.101.
1055 - 2
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City of Edina Misdemeanors and Nuisances 1055.09
Subd. 3 Assessment of Costs. The Tree Inspector shall keep a record of trees
removed and the cost of abatements done under this Subsection 1055.08 and shall
report monthly to the Clerk all work done for which assessments are to be made,
stating and certifying the description of the land, lots and parcels involved and the
amounts chargeable to each. On or before September 1 of each year, the Clerk shall
list the total unpaid charges for each abatement against each separate lot or parcel
to which they are attributable under this Section. The Council may then spread the
charges or any portion against the property involved as a special assessment under
M.S. 429.101 and other pertinent statutes for certification to the County Auditor
and collection in the following year along with current taxes.
1055.09 Interference Prohibited. It is unlawful for any person to prevent, delay or
interfere with the Tree Inspector or the agents while they are engaged in the performance
of duties imposed by this Section.
History: Ord 1035, repealed by Ord 1035 AI
Reference: M.S. 18.023, 429.101
1055 - 3
City of Edina Public Utilities 1115.03
Section 1115 - Water Emergencies and Irrigation Bans
1115.01 Water Emergency. Whenever necessary to meet a water shortage, the Manager
may declare a water emergency and promulgate reasonable rules and regulations for the
use of water.
1115.02 Irrigation Ban. During the period from May 1 to September 1 of each year, City
water may be used for irrigation subject to the following:
Subd. 1 Even Numbered Addresses. All properties with an address ending with
an even digit may use city water for irrigation purposes on even-numbered dates
only.
Subd. 2 Odd Numbered Addresses. All properties with an address ending with
an odd digit may use city water for irrigation purposes on odd-numbered dates only.
Subd. 3 Private Wells Exempt. The requirements of Subd. 1 and Subd. 2 of this
Subsection shall not apply to irrigation with privately owned wells.
1115.03 Penalty. Any violation of this Section shall be a petty misdemeanor.
History: Ord 1111 codified 1970;amended by 1111 AI 9-13-73, 1111-A2 5-9-74, 1111-A3 7-28-
76, 1111-A4 11-3-76, 1111-A5 3-9-77, 1111-A6 6-11-80, 1111-A7 7-16-80, 1111-A8 8-12-81,
1111-A9 3-12-86, 1111 A10 11-12-86
References: M.S. 444.075
Cross Reference: Sections 185, 850
1115 - 1
`City of Edina Streets and Parks 1220.05
Section 1220 - Park Board
1220.01 Establishment. The Council, in order to provide for a City park and open space
system and a City recreation program does hereby establish the Park Board.
1220.02 Duties. The Park Board shall develop and review plans and advise the Council on the
acquisition and development of parks and recreation facilities, and plan and make
recommendations to the Council concerning park activities and recreation programs. The Park
Board shall make and furnish studies,reports and recommendations as the Council may request.
1220.03 Membership. The Park Board shall consist of eleven residents of the City. One
member shall also be a member of the Board of Education of Independent School District No.
273. One member may be a high school student. Members shall be appointed by the Mayor with
the consent of a majority of the Council; provided, however, that the member from the Board of
Education shall be appointed by the Board of Education with the consent of the majority of the
Council. Terms shall be three years except the Board of Education member and the student
member shall serve one-year terms. Members shall serve until a successor has been appointed.
Upon termination of a member's term, that member's successor shall be appointed for the
remainder of such term. Members of the Park Board shall serve without compensation and may
resign voluntarily or be removed by a majority vote of the Council pursuant to Section 180 of
this Code. Park Board members who discontinue legal residency in the City may be removed
from office by the Mayor with the consent of a majority of the Council. The member who is
appointed by the Board of Education shall be ineligible to serve on the Park Board if that
members ceases to be a member of the Board of education.
1220.04 Organization. The Park Board shall:
A. Elect from its members a chair and vice chair, each of whom shall serve for a period
of one year.
B. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
C. Appoint a secretary from its membership or request that a staff secretary be furnished
by the City. If a secretary is assigned by the City, the secretary shall perform only such
clerical duties on behalf of the Park Board as may be assigned by the chair with the
consent of the Manager. Additional advisory staff may be assigned to the Park Board by
the Manager.
1220.05 Meetings. All meetings of the Park Board shall be open to the public, be governed by
Roberts Rules of Order, and otherwise by held pursuant to its bylaws. The Park Board shall hold
its regular meetings on such fixed date and in such fixed place as it from time to time shall
determine. The minutes of all meetings shall be recorded and a copy thereof transmitted to each
member of the Council.
History: Ord 1221 codified; amended by Ord 2001-911-5-01
Reference: M.S. 412.501
Cross Reference: Section 180
1220- 1 Supplement 2001-01
` `City of Edina Streets and Parks 1221.04
Section 1221 -Art Center Board
1221.01 Establishment. The Council, finding that the encouragement and enhancement of the
arts in Edina is vital to the social and cultural well being of the City and its residents, does hereby
establish the Art Center Board (the "Board").
1221.02 Duties. The Board shall:
A. Make recommendations regarding the operation of the Edina Art Center.
B. Plan and recommend to the Council art activities and programs.
C. Develop a long term plan directed towards fulfilling the needs and desires of Edina
residents with respect to the arts.
D. Recommend programs at the Edina Art Center that are responsive to community
desires.
E. Periodically report to the Council on matters pertaining to the Art Center and public
art in Edina.
F. Initiate and oversee fundraising activities that benefit the Art Center and public art in
Edina.
G. Represent the City at community functions pertaining to the visual arts and with
similar bodies and organizations involved with the visual arts.
H. Oversee the development and implementation of a public visual arts program in Edina.
1. Perform other duties from time to time directed by the Council.
1221.03 Membership. The Board shall consist of eleven members appointed by the Mayor with
the consent of the majority of the Council. One member of the Board may be a high school
student. All members of the Board shall be residents of the City except that not more than three
members may be non-residents. Members shall be appointed for a term of three years except the
student member shall be appointed for a one year term. Members shall serve until a successor has
been appointed. Upon termination of a member's term, that member's successor shall be
appointed for the remainder of such term. Members of the Board shall serve without
compensation and may resign voluntarily or be removed by a majority vote of the Council
pursuant to Section 180 of this Code. Board members who discontinue legal residency in the City
may be removed from office by the Mayor with the consent of a majority of the Council.
1221.04 Meetings. All meetings of the Board shall be open to the public, be governed by
Robert's Rules of Order, and otherwise be held pursuant to its bylaws. The Board shall hold its
regular meetings on such fixed date and in such fixed place as it from time to time shall
determine. The minutes of all meetings shall be recorded and a copy thereof transmitted to each
member of the Council.
1221 - 1 Supplement 2005-02
i
City of Edina Streets and Parks 1221.06
1221.05 Organization. The Board shall:
a. Elect from its members a chair and vice chair.
b. Adopt such bylaws as shall be necessary or desirable for conduct of its business.
c. Appoint a secretary from its membership or request that a staff secretary be furnished
by the City. Additional staff may be assigned to the Board by the Manager.
1221.06 Committees. The Board shall establish and appoint members to a Public Art
Committee which shall be charged with establishing and implementing a public arts program in
the City. The Public Art Committee shall be chaired by a member of the Board who shall be
appointed by the Board chair with the consent of the Board. The Board may establish other
committees for the purpose of carrying out other Board duties.
History: Ord 2005-08 codified
Cross Reference: Section 180
1221 - 2 Supplement 2005-02
City of Edina Trades and Occupations 1315.03
Section 1315 - Deposit of Advertising Material on Residential Property
1315.01 Deposit of Advertising Handbills, Advertising Circulars, Advertising Material
Prohibited. Any resident of the City who wishes to exclude the deposit of advertising
handbills, advertising circulars and other advertising material from the premises occupied
by the resident may place upon or near the front entrance to the premises a printed placard
or sign bearing the following notice: "Depositing of Handbills, Circulars, Advertising
Material Prohibited." The placard or sign shall be of the same minimum size and bear the
same minimum size printing as provided in Subsection 0.02 f this Code.
13oI• OZ
1315.02 Shall Not Deface Placard. No person other than the person occupying the
premises shall remove, injure or deface the placard or sign.
1315.03 Shall Not Enter. No person shall enter upon any premises where such a sign or
placard is placed and deposit any advertising handbills, advertising circulars or other
advertising material.
History: Ord 1304 adopted 7-22-71
Cross Reference: Section 1310
1315 - 1