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HomeMy WebLinkAbout2009-01 Supplement Old Pages � Debra Mangen City of Edina 4801 West 50`h Street Phone 952 826-0408 Edina, MN 55424 Fax 952 826-0390 Memorandum TO: Edina Code of Ordinance Users FROM: Debra Mangen, City Clerk DATE: May 5, 2009 RE: Code Supplement 2009-01 I am sending you the newest update for your Edina City Code book, Supplement No. 2009-01. This supplement contains the ordinances adopted by the Edina City Council through April 21, 2009. Please replace the following pages as noted: Section 140— Replace entire section, updated by Ord. No.2009-02 Section 146—Replace entire sections, updated by Ord. No.2009-04 Section 185-Schedule A—Replace pages 2-10, updated by Ord. No.2009-1 Section 460—Replace entire section, updated by Ord. No. 2009-06 Section 810—Replace entire section, updated by Ord. No. 2009-05 Section 1020—Replace entire section, updated by Ord. No. 2009-03 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! CC: City Council City of Edina General Code Provisions and Administration 140.04 Section 140 - Human Rights and Relations Commission 140.01 Policy Statement. It is the public policy of the Council to: A. Work and cooperate with the Board of Education of Independent School District No. 273, Minnesota (the "School Board") to carry out the purpose and intent of this Section. B. Secure for all of the residents of the City freedom from discrimination because of race, color, creed, religion, age, sex, sexual orientation, or national origin in connection with employment, housing and real property, public accommodations, public services and education. C. Support the home, family and human relations in the City. D. Cooperate with the State Department of Human Rights, the Minnesota League of Human Rights Commissions and other agencies in their programs of human rights. 140.02 Establishment. To further accomplishment of the above policies, the Human Rights and Relations Commission (the Commission) is hereby established." 140.03 Duties. The Commission shall: A. Advise and counsel the Council and School Board on matters relating to discrimination and human relations referred to herein. B. Implement such programs of education and community action which are designed to effectuate the public policy stated in Subsection 140.01 and which have been approved by the Council. C. Cooperate with the State Department of Human Rights, the State League of Human Rights Commissions and other agencies and programs which relate to the public policy stated herein. D. Investigate, study, report and undertake other functions as are assigned to local commissions under and pursuant to M.S. 363, and to discharge its duties under M.S. 363 with regard to specific matters referred to it by the State Commissioner of Human Rights or filed with it by individuals. 140.04 Membership. The Commission shall consist of 12 regular members, appointed by the Mayor with the consent of a majority of the Council, but six of the 12 regular members shall be from a list presented to the Council by the School Board. The Commission may appoint an ex officio youth member to the Commission to participate in all discussions. Members of the Commission shall be residents of the City, be appointed for a term of three years and serve until a successor shall have been appointed. Upon termination of a member's term, that member's successor shall be appointed for the remainder of such term. Whenever 140 - 1 Supplement 200401 City of Edina General Code Provisions and Administration 140.06 the term of a member originally proposed by the School Board expires, that member's successor shall be chosen from a list presented by the School Board. Members of the Commission shall serve without compensation and may resign voluntarily or be removed by majority vote of the Council or pursuant to Subsection 180 of this Code. Commission members who discontinue legal residency in the City may be removed from office by the Mayor with the consent of a majority of the members of the Council. 140.05 Organization. The Commission shall: A. Elect from its members a chair and a vice chair, each of whom shall serve for a period of not more than two years. B. Adopt such bylaws as shall be necessary or desirable for conduct of its business. C. Appoint a secretary from its membership or request that a staff secretary be furnished by the City or the School District. If a secretary is assigned by the City, the secretary shall perform only such clerical duties on behalf of the Commission as may be assigned by the chair with the consent of the Manager. Additional advisory staff may be assigned to the Commission by the Manager. 140.06 Meetings. All meetings of the Commission shall be open to the public, be governed by Roberts Rules of Order, and otherwise be held pursuant to its bylaws. The Commission shall hold its regular meetings on such fixed date and in such fixed place as it from time to time shall determine. The minutes of all meetings shall be recorded and a copy thereof transmitted to each member of the Council and School Board. History: Ord 106 3-1-73; amended by Ord 106-A 1-16-78, Ord 106-A2 6-27-79; Ord 2000-2; 2-1-00, Ord 2004-12, 8-3-04 Reference: M.S. 363 140 - 2 Supplement 2004-01 City of Edina General Code Provisions and Administration 146.03 Section 146 - Energy and Environment Commission 146.01 Policy and Establishment. The Council, recognizing the need to support and advance environmental protection, conservation efforts, energy conservation, and waste reduction, and to improve thereby the overall welfare of the citizens of the City, does hereby establish the Energy and Environment Commission (the "Commission"). 146.02 Duties. The Commission shall A. Examine and recommend best practices for energy conservation for Edina's citizens and businesses, including recommendations for a "green" building code, use of Energy Star appliances, and other energy reduction targets. B. Examine and recommend changes in City Government purchasing and operations to conserve energy. C. Evaluate and monitor the provision of a residential recycling program. D. Evaluate and monitor the provision of a privately provided solid waste program, as well as a reduction in municipal solid waste produced by Edina residents and businesses. E. Evaluate and encourage improvements in air and water quality. F. Promote the establishment of targets for the reduction of greenhouse gas emissions produced by the City's buildings, equipment and operations. G. Educate the public about energy issues, reduction, conservation, reuse, recycling and environmental protection. H. Examine and promote renewable energy options for transportation, heating, and cooling, and other energy uses. 146.03 Membership. The Commission shall consist of nine members appointed by the Mayor with the consent of the majority of the Council. One member of the Commission shall be a high school student with full voting rights. 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. Of the nine members, one member shall also be a member of the Planning Commission and one member shall also be a member of the Park Board. 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 . 146 - 1 Supplement 2007-02 City of Edina General Code Provisions and Administration 146.05 , 146.04 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 I. 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. 146.05 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 2007-05 Adopted 04-03-07 146 - 2 Supplement 2007-02 City of E General Code Provisions and Administration 185.0 :heduie A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT _ 200 200.04 Public Dance Permit 53.00 215 215.04 Bingo Occasion, Gambling Device, 15.00 per permit Raffle Permit 220 220.04 Machine or Amusement Device License 15.00 annually per establishment, plus 15.00 per machine 225 225.04 Special Events Application Fee 52.00 300 300.02 Subd 2 Redemption of Impounded Animals 30.00 per day for feeding&care, any veterinarian services and impounding fee of: 40.00 a) If animal has not been impounded within one year prior to the date of impounding 65.00 b) If animal has been impounded once within the year prior to the date of impounding 115.00 c) If animal has been impounded twice or more within one year prior to the date of impounding 300 300.02 Subd 3 Disposal of Animal 40.00 per animal 300 300.03 Subd. 3 Dog License 15.00 per dog 10.00 per neutered dog Late charge after March 1 10.00 300 300.03 Subd. 4 Duplicate Dog License Tag 6.00 per duplicate tag 300 300.04 Subd. 2 Commercial Kennel License 55.00 per year 300 300.15 Permit for Extra Dogs or Cats 100.00 300 300.17 Subd. 6A Dangerous Dog $100.00 Registration fee 405 405.01 Landscaping, Screening, or Erosion 100.00 Control Site Plan Permit 410 410.02 Subd. 1 Building Permit If total valuation of work is: Then amount is: $ 1 to 500 23.50 * 501 to 2,000 23.50 *for first$500 plus 3.05 for each additional$100 or fraction thereof to and including$2,000 2,001 to 25,000 69.25 *for first$2,000 plus 14.00 for each additional$1,000 or fraction thereof to and including$25,000 25,001 to 50,000 391.25 *for first$25,000 plus 10.10 for each additional $1,000 or fraction thereof to and including$50,000 50,001 to 100,000 643.75 *for first$50,000 plus 7.00 for each additional $1,000 or fraction thereof to and including$100,000 100,001 to 500,000 993.75 *for first$100,000 plus 5.60 for each additional$1,000 or fraction thereof to and including$500,000 500,001 to 1,000,000 3,233.75 *for the first$500,000 plus 185-2 (Effective 01/01/09) Supplement 2008-02 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 4.75 for each additional $1,000 or fraction thereof to and including$1,000,000 1,000,001 and up 5,608.75 *for the first$1,000,000 plus 3.65 for each additional $1,000 or fraction thereof *plus surcharge pursuant to M.S. 16B.70 Plan Review 65% of Permit Fee 410 410.02 Subd. 2 Other Permit Related Fees 50.00 per hour or the total hourly cost to City, whichever is greatest. (includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved) 410 410.02 Subd. 3 Residential Building Contractor, 5.00 surcharge pursuant to M.S. 326.86 Remodeler or Specialty Contractor License Verification 415 415.02 Permit for Moving of Building 212.00 415 415.02 Subd. 3 Indemnity Deposit for Damages 530.00 unless licensed by Commissioner of Transportation Sustained by Moving of Building 421 421.03 R-O-W Work Annual Registration 200.00 421 421.04 R-O-W Excavation Permit Administrative 75.00 Fee Per Additional Excavation-Paved Area 35.00 Per Additional Excavation-Unpaved Area 20.00 Underground Utility/Telecom Installation 45.00 per 100 L. Ft. - Directional Boring or Tunneling (Plus Minimum Permit Fee) Underground Utility/Telecom Installation 60.00 per 100 L. Ft. -Open Trenching (Plus Minimum Permit Fee) Overhead Utility/Telecom Installation 5.00 per 100 L. Ft. (Plus Minimum Permit Fee) 421 421.07 Subd. 3 Street Surface Repair 50.00 Per square foot under 10 square feet 40.00 Per square foot from 10-25 square feet 35.00 Per square foot over 25 square feet 430 430.03 Subd. 8 Installer's Licenses: Oil Burner; Stoker; 55.00 Steam or Hot Water Heating, Mechanical Warm Air Heating and Air Conditioning; Refrigeration, and Gas Piping Installers 435 435.07 Gas Piping Permit; Oil Burner, Stoker, Minimum Fee: Steam or Hot Water Heating, Mechanical 22.00 Residential -plus surcharge pursuant to M.S. 16B.70 Warm Air Heating and Air Conditioning; 27.00 Commercial-plus surcharge pursuant to M.S. 16B.70 or Refrigeration Permit - Fee Calculations: __ 185 (Effective 01/01/09) Suppl 2008-02 City of E General Code Provisions and Administration 185.0 :hedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT _ $0 to 1,000 16.00 *plus 3.10% >$ 500 1,001 to 5,000 31.50 *plus 2.60% > $ 1,000 5,001 to 10,000 135.50 *plus 2.15% > $5,000 10,001 to 25,000 243.00 *plus 1.85% > $10,000 25,001 to 50,000 520.50 *plus 1.65% > $25,000 50,001 and over 933.00 *plus 1.30% > $50,000 *plus surcharge pursuant to M.S. 1613.70 435 435.07 Subd. 1 Other Permit Related Fees 50.00 per hour or the total hourly cost to City, whichever is greatest(includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved 440 440.04 Plumbing or Water Conditioning Permit Minimum Fee: 15.00 Residential -plus surcharge pursuant to M.S. 16B.70 27.00 Commercial-plus surcharge pursuant to M.S. 16B.70 Fee Calculations: $0 to 300 15.00 $301 to 700 15.00 *plus 1.75% >$ 300 $701 to 1,000 22.00 *plus 3.10% >$ 700 1,001 to 5,000 31.50 *plus 2.60% > $ 1,000 5,001 to 10,000 135.50 *plus 2.15% > $5,000 10,001 to 25,000 243.00 *plus 1.85% > $10,000 25,001 to 50,000 520.50 *plus 1.65% > $25,000 50,001 and over 933.00 *plus 1.30% > $50,000 *plus surcharge pursuant to M.S. 16B.70 440 440.04 Installation or Testing of RPZ Backflow 27.00 Preventers 440 440.04 Subd. 1. Other Permit Related Fees 50.00 per hour or the total hourly cost to City, whichever is greatest. (includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved.) 445 445.08 Surcharge for Prohibited Connection to 100.00 per month Sanitary Sewer 450 450.05 Swimming Pool Construction Same as the fees for a building permit(See 410.02 Subd.1, fees) 450 450.28 Subd. 4 Public or Semi-Public Swimming Pool 470.00 per year for each enclosed pool (partial or all of the year) License 310.00 per year for each outdoor pool 450 450.28 Subd. 4 Public or Semi-Public Whirlpool Bath or 170.00 per year for each bath or pool Therapeutic Swimming Pool License 460 460.06 Subd. 1 Sign Permit 100.00 460 460.06 Subd. 1 Courtesy Bench Sign Permit 25.00 per year 185-4 (Effective 01/01/09) Supplement 2008-02 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 460 460.06 Subd 6 Sign Variance Fee 300.00 Residential Property 500.00 Commercial Property 475 475.03 Subd. 1 Parking Ramp License 125.00 per year 605 605.05 subd.l Operational Permits Required by MSFC 50.00 Per hour with a minimum 1 hour fee. (Includes supervision, code review, Section 105.6. inspections, overhead, hourly wages and fringe benefits of employees involved) 605 605.05 Subd. 1 Non-business Hours Inspection 75.00 Per hour with a minimum 1 hour fee 605 605.05 subd. 1 Construction Permits Required by MSFC Section 105.7 except for those covered in City Code Section 625 If total valuation of work is: Then amount is: $1 to 500 26.00 *minimum fee 501 to 2,000 26.00 *for first$500 plus 4.00 for each additional$100 or fraction thereof to and including$2,000 2,001 to 25,000 76.00 *for first$2,000 plus 15.00 for each additional $1,000 or fraction thereof to and including$25,000 25,001 to 50,000 435.00 *for first$25,000 plus 11.00 for each additional$1,000 or fraction thereof to and including $50,000 50,001 to 100,000 710.00 *for first$50,000 plus 8.00 for each additional$1,000 or fraction thereof to and including $100,000 100,001 to 500,000 1,100.00 *for first$100,000 plus 6.00 for each additional$1,000 or fraction thereof to and including$500,000 500,001 to 1,000,000 3,565.0 *for the first$500,000 plus 5.00 for each additional$1,000 or fraction thereof to and including$1,000,000 1,000,001 and up 6,180.00 *for the first$1,000,000 plus 4.00 for each additional $1,000 or fraction thereof Plan Check 70% of Permit Fee 605 605.05 subd. 2 Code Compliance Inspection 50.00 per hour with a minimum 1 hour fee. (Includes supervision, code review, inspections, overhead, hourly wages and fringe benefits of employees involved) 615 615.03 License to Service Fire Extinguishers 55.00 per year per person licensed Permit Fee for Cleaning Kitchen Exhaust 85.00 620 620.04 Hood and Duct Systems 625 625.04 Subd 1 Sprinkler Permit Fees: Per Number of Heads: 1 - 5 49.00 * (minimum fee) 6- 25 125.00 * 26 - 50 230.00 * 51 - 75 305.00 * 76-100 370.00 * 185 (Effective 01/01/09) Supple 2008-02 City of E General Code Provisions and Administration 185.0 chedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 101 -125 400.00 * 126-150 435.00 * 151 -175 470.00 * 176-200 495.00 * 201 plus 570.00 *for first 200 + $3.00 for each additional head 625 625.04 Subd. 1 Fire Pump Installation and Associated 235.00 Hardware Standpipe Installation 145.00 Each Additional Standpipe 40.00 625 625.04 Subd. 1 Fire Alarm&Alternative Fire Suppression Permit If total valuation of work is: Then amount is: $1 to 500 26.00 *minimum fee 501 to 2,000 26.00 *for first$500 plus 3.50 for each additional $100 or fraction thereof to and including$2,000 2,001 to 25,000 76.00 *for first$2,000 plus 15.50 for each additional $1,000 or fraction thereof to and including$25,000 25,001 to 50,000 430.00 *for first$25,000 plus 11.00 for each additional $1,000 or fraction thereof to and including$50,000 50,001 to 100,000 710.00 *for first$50,000 plus 7.50 for each additional $1,000 or fraction thereof to and including$100,000 100,001 to 500,000 1,095.00 *for first$100,000 plus 6.00 for each additional$1,000 or fraction thereof to and including$500,000 500,001 to 1,000,000 3,565.00 *for the first$500,000 plus 5.00 for each additional$1,000 or fraction thereof to and including$1,000,000 1,000,001 and up 6,185.00 *for the first$1,000,000 plus 4.00 for each additional $1,000 or fraction thereof Plan Check 70% of Permit Fee 625 625.04 subd. 2 Other Permit Related Fees 50.00 per hour with a minimum 1 hour fee. (Includes supervision, code review, inspections, overhead, hourly wages and fringe benefits of employees involved) 635 635.02 False Fire Alarm 300.00 Residential 500.00 Commercial 640 640.02 License allowing sale of Fireworks 100.00 Per year 716 716.02 Recycling Service: 6.75 Per Quarter- Single Family 6.75 Per Quarter- Double Bungalow 6.15 Per Quarter- Apartments/Condos(2-8 units) 721 721.03 Subd. 1 Food Establishment 590.00 High risk food 375.00 Medium risk food 105.00 Low risk food 185-6 (Effective 01/01/09) Supplement 2008-02 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 135.00 Base fee 55.00 Beer or wine table service 125.00 Alcohol bar service 138.00 Food vehicle 140.00 Additional facility 200.00 Pushcart 120.00 Itinerant food 15.00 Food vending machine 721 721.03 Subd 1 Restaurant Plan Review Fee 100% of License Fee Restaurant Plan Review Fee for Remodel 50% of License Fee Minimum Restaurant Plan Review Fee 100.00 735 735.03 Lodging Establishment 7.00 per room Supervised Group Home 45.00 Boarding and Lodging House License 100.00 740 740.04 Multiple Dwelling Parking Garage 45.00 per single tract of land(may contain more than one building under same ownership) 740 740.04 Multiple Dwelling Parking Garage 80.00 per garage Inspection Fee 745 745.04 Subd. 2 Body Art Establishment License 270.00 810 810.09 Subd. 3C Neighborhood Property Owner List 1.00 per property owner name 810 810.09 Plat and Subdivision Filing Fee 100.00 per lot for division of one or more lots where no new buildable lots are created 600.00 plus$50/lot-all plats and subdivision other than above 810 810.09 Subd. 2 Developer's Agreement Fee for City 6.5% of the total construction cost of such public improvements Services Rendered in Connection with Required Street, Water and Sewer Improvements 815 815.03 Antennas, Dish Antennas & Tower Same as for a building permit(See Subsection 410.02 Subd 1 fees) Permits 820 820.01 Filing of Application for Vacation of 435.00 Street, Alley or Easement 830 830.05 Subd. 2 Permit Fee for Tree Removal or Grading If total valuation of work is: Then amount is: $1 to$5,000 150.00 $5,001 to$100,000 150.00 for first$5,000 plus 2.00 for each additional $1,000 or fraction thereof to and including $100,000 $100,001 and up 340.00 for first$100,000 plus 1.00 for each additional $1,000 or fraction thereof 830 830.05 Subd. 2 Permit Fee for Open Pit or Excavation ------------- 185 (Effective 01/01/09) Supple 2008-02 City of E General Code Provisions and Administration 185.0 chedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT If total valuation of work is: Then amount is: $1 to$5,000 150.00 $5,001 to$100,000 150.00 for first$5,000 plus 2.00 for each additional$1,000 or fraction thereof to and including$100,000 $100,001 and up 340.00 for first$100,000 plus 1.00 for each additional$1,000 or fraction thereof 830 830.05 Subd. 2 Other Permit Related Fees 50.00 per hour or the total hourly cost to City, whichever is greatest. (includes supervision, overhead, equipment, hourly wages and fringe benefits of employees involved.) 845 845.04 Restricted Access Parking Lot License 500.00 Renewals: 100.00 0- 50 spaces 150.00 51 - 100 spaces 250.00 100- 200 spaces 400.00 Over 200 spaces 850 850.04 Subd. 1C Variance Fee 300.00 Residential 500.00 Commercial 850 850.04 Subd. 2A.2 Fee for Transfer of Land to Another 400.00 (One) R-2 Lot Zoning District 500.00 (Two)R-2 Lots 1,000.00 All other Transfers 850.04 Subd. 2,3, 850 4 and 5 Mailed Notices $1.00 Per Parcel 850.173 Subd. 850 4C.la Temporary Retail Sales in PID Permit 400.00 First Permit 300.00 Subsequent Permits 850.04 Subd. 4 850 A.2 Conditional Use Permit 700.00 Fee shall be equal to City staff time expended and City's direct cost incurred in processing applications. 850 850.10 Subd. 1D Landscaping Inspection 100.00 850 850.04 Subd. 6 Final Development Plan Application Fee 750.00 850 850.20 Subd. 10 Certificate of Appropriateness 200.00 Accessory structure and fagade change 850 850.20 Subd. 10 Certificate of Appropriateness 400.00 New House 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 185-8 (Effective 01/01/09) Supplement 2008-02 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 3,000.00 over 6000 members 8,755.00 On-Sale Intoxicating License - Restaurants only 626.00 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 85.00 per event- Temporary On-Sale 3.2 Malt Liquor 200.00 Sunday On-Sale License- Restaurants only 1020 1020 False Automatic Alarm 25.00 For the first response per calendar year 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 20.00 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 40.96 Per quarter up to and including 1600 cubic feet Dwelling Units: 2.56 Additional from 1601 cubic feet and over Apartment Buildings with More Than 36.86 Per quarter for each unit over four or Four Dwelling Units: 2.56 per 100 cubic feet of water used during the quarter, whichever is greater Commercial and Industrial Buildings, 40.96 Per water meter or approved sewage metering device on premises, or Including Schools and Churches: 2.56 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 35.00 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 0.99 Per 100 c.f. up to 3500 cubic feet 1.31 Per 100 c.f. from 3600 cubic feet to 6500 cubic feet 2.05 Per 100 c.f. over 6500 cubic feet Water Service, Residential-Morningside Area 2.86 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 0.99 Up to 3500 cubic feet and industrial buildings, including schools 1.31 Over 3500 cubic feet and churches Lawn watering accounts used by 1.31 Up to 3500 cubic feet commercial and industrial buildings, 2.05 Over 3500 cubic feet 185 (Effective 01/01/09)Supple 2008-02 City of E General Code Provisions and Administration 185.0 hedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT including schools and churches 1100 1100.03 Subd. 2 Meter Charge: 12.01 Per quarter for up to 3/4 inch meter 16.36 Per quarter for 1 inch meter 18.66 Per quarter for 1 1/4 inch meter 1100 1100.03 Subd. 2 Water Service (Meter Charge)cont. 21.00 Per quarter for 1 1/2 inch meter 33.81 Per quarter for 2 inch meter 128.40 Per quarter for 3 inch meter 163.44 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) 2,000.00 Per SAC unit X number of SAC units computed pursuant to Subsection 1105.01, Subd, 1 of this code 1105 1105.02 Water Connection Charge 800 Per Residential Equivalent Connection(REQ Sewer Connection Charge 400 Per Residential Equivalent Connection(REQ 1110 1110.03 Storm Water Drainage Charge 15.54 Per quarter pursuant to formula in Subsection 1110.03 1115 1115.03 Water Surcharges Surcharges for violation the Irrigation Bans are determined based on the number of water restriction violations issued to an owner in the previous three years and are as follows: Written Warning First Offense 50.00 Second Offense 100.00 Third Offense 200.00 Fourth Offense 300.00 Each Additional Offense 1205 1205.01 Curb Cut Permit 40.00 1230 1230.07 Sidewalk Cafe Permit 640.00 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 lst 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 16.00 Per therapist for those businesses exempt from licensure 1341 1341.05 Physical Culture&Health Service or 286.00 Business License Club, Reducing Club or Salon, Sauna Parlor, Massage Parlor or Escort Service 185-10 (Effective 01/01/09) Supplement 2008-02 City of Edina General Code Provisions and Administration 185.01 - Schedule A SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 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 31.00 Manager Permit- Still Photography 124.00 Manager Permit-Motion Photography 350.00 Council Permit 1400 1400.12 Truck Restrictive Road Permit 100.00 1410 1410.01 Redemption of Impounded Vehicle Fee as posted in Police Department 185- (Effective 01/01/09) Supple 2008-02 City of Edina Buildings, Construction and Signs 460.02 Section 460 - Signs 460.01 Purpose and Intent. The purpose of this Section is to protect and promote the general welfare, health, safety and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public rights-of-way or properties. The provisions of this Section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this Section; while at the same time, assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. 460.02 Terms and Definitions. Subd. 1 Terms. The following terms have the meanings provided by Section 850 of this Code: A. Accessory Use. B. Building. C. District. (References in this Section to a District, shall mean that district as established by Section 850.) D. Frontage. E. Lot. F. Principal Building. G. Shopping Center. H. Structure. I. Through Lot. J. Tract. Subd. 2 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this Section: Abandoned Sign. A sign which no longer identifies or advertises a bona-fide business, lessor, lessee, service, owner, building occupant or activity, or a sign for which no legal owner can be found. 460- 1 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.02 Accessory Sign. A sign relating in its subject matter to the lot or tract on which it is located, or to products, accommodations, services or activities on the premises on which it is located. Address Sign. Postal identification numbers only, whether written or in numeric form, having a sign area of six square feet or less. Area Identification Sign. A sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of two or more principal buildings, a shopping center or area, an office complex consisting of two or more principal buildings or any combination of the above that could be termed an area. Awning or Marquee. A roof-like structure of rigid or semi-rigid materials attached to and extending from the facade of a principal building. Banners and Pennants. Devices which resemble flags and are of cloth or plastic-like consistency, and may be square, rectangular or triangular in shape. Bench Sign. A sign which is affixed to a bench. Building Identification Sign. A freestanding sign or wall sign bearing the name of a building or occupant in a residential building or the name of a tenant or business in a non-residential building. Address signs exceeding six square feet are deemed building identification signs. Canopy. A roof-like structure, located on the same lot as the principle building, that is either freestanding or attached to the principal building. Church Directional Sign. A sign which bears the address and name of a church and directional arrows pointing to a church location. Clear View Zone. A triangle formed by connecting the three following points: the point of intersection of the extensions of the curb lines or edge of the traveled portion of each street or drive aisle, and a point on each curb line 30 feet from the aforementioned point of intersection. Flag. The official flag of any country, state or municipality. Freestanding Sign. A self-supported sign which is placed in the ground and not affixed to any part of any structure. Freestanding signs include monuments and area identification signs. Governmental Sign. A sign which is erected by a governmental unit for the purpose of directing or guiding traffic, or providing public information. Governmental signs include community bulletin boards, area identification sign directions, or banners erected by the City of Edina. 460 - 2 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.02 Height. The distance measured from the average ground elevation adjoining a freestanding sign to the highest point of a freestanding sign. Illuminated Sign. Any sign which is illuminated by an artificial light source. Monument. A structure built on grade, not supported by poles, posts or a pylon, which is constructed of brick, stone or stucco and to which a sign is affixed. Motion Sign. Any sign which revolves, rotates or has any moving parts. Nameplate Sign. A sign which bears the name or address of the occupants of the building. Non-Accessory Sign. A sign other than an accessory sign. Non-Commercial Opinion Sign. Any sign which is not a commercial sign and which expresses an opinion which is deemed by the State or federal courts to have greater protection under the constitution of the United States or the State than a commercial sign. For purposes of this definition a commercial sign is any sign which advertises or identifies a product, business, building, place, service, event or any other matter or thing of a commercial nature, even though the matter or thing may be related to or involve a non-profit organization. Non-Conforming Sign. A sign which lawfully existed prior to the adoption of this Section but does not conform to the requirements of this Section. Permanent Sign. Any sign which is not a temporary sign. Portable Sign. A sign so designed as to be movable from one location to another which is not permanently attached to the ground or any structure. Projecting Sign. Any sign or any part thereof which extends by more than 12 inches over public property, a street right-of-way, or public sidewalk. Signs integral to awnings, canopies, or marquees are not projecting signs. Roof Sign. Any sign erected upon a roof or projecting above the eave line or a parapet of a building to which it is affixed. Sign. Any letter, word or symbol, logo, device, banner, pennant, beacon, searchlight, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication whether painted, posted, printed, affixed or constructed, which is displayed outdoors for informational or communicative purposes. 460 - 3 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.03 Sign Area. Sign area shall mean (i) the smallest single rectangle which can be made to circumscribe the letters, message, symbol, logo, or figure inscribed into or directly onto a building or a monument and not affixed to a sign panel, or (ii) the smallest single rectangle which can be made to circumscribe a sign panel which bears the letters, message, symbol, logo, or figure. Sign Panel. The display surface upon which the message is painted or inscribed and which is attached to a building or structure. Temporary Sign. A sign which is erected or displayed for a limited period of time. Such temporary signs shall include those listed in Subsection 460.03. Traffic Directional Sign. A sign which is erected on private property by the owner of such property for the purpose of guiding vehicular and pedestrian traffic. Such sign bears no advertising information. Wall Sign. A sign affixed to the wall of any building including projecting signs and signs affixed to marquees, awnings, or canopies. 460.03 General Provisions Applicable to all Zoning Districts. Subd. 1 Construction, Maintenance and Repair. All signs shall be constructed in such a manner and of such material that they shall be safe and substantial, and in full compliance with all requirements of this Code. Free standing signs requiring footings or wall signs subject to wind loads must comply with the provisions of Section 410 of the City Code. All signs shall be maintained in a safe, presentable condition and shall be structurally sound. Defective parts shall be promptly replaced i Subd. 2 Illuminated Signs. Illuminated signs shall comply with the following requirements: A. No sign shall change in either color or in intensity of light more frequently than once per hour, except signs giving time, date, temperature or weather information. B. All incandescent bulbs or fluorescent tubes, except neon or fiber optic light sources, shall be shielded with an opaque or translucent material. C. No sign which is visible from a residential district located within 200 feet of the sign shall be illuminated between 10:00 P.M. and 7:00 A.M.; provided, however such signs may be illuminated at any time when the use identified by the sign is open for business. D. The Planner may specify additional restrictions regarding the hours of illumination as a condition to the issuance of a permit. Subd. 3 Placement. All signs shall comply with the following requirements: i i 460 - 4 Supplement 2007-01 I City of Edina Buildings, Construction and Signs 460.03 A. No sign shall be placed within any street right-of-way other than, i) governmental signs which are official traffic regulatory signs or, ii) campaign signs placed pursuant to Subd. 4 of this Subsection. B. No freestanding sign or any portion thereof other than governmental signs shall be placed within 20 feet of the traveled portion of any public street provided that campaign signs placed pursuant to Subd. 4 of this Subsection may be placed to within 10 feet of the traveled portion of a public street. C. No sign shall be erected or placed within 50 feet of any regulatory sign, warning sign, traffic sign, or signal, or crosswalk unless the Planner concludes it will not interfere with or confuse drivers or pedestrians. D. No sign shall be erected or placed in the clear view zone. Provided, however, that a freestanding sign may be erected if: 1. At least ten feet of clearance is maintained between the ground and the bottom of the sign and the sign is supported by a single pylon of 12 inches or less in diameter, 2. The sign and all supporting materials do not exceed three feet in height as measured from the highest point on the curb to the highest point on the sign, or 3. The sign is not placed within the street right-of-way. Subd. 4 Campaign Signs. Campaign signs shall comply with the following requirements: A. Campaign signs may be posted from August 1 in a state general election year until 10 days following the state general election subject to the applicable provisions of M.S. 211B.045. Such campaign signs shall conform with the provisions of Subd. 3 of Subsection 460.03. No such sign shall be placed upon the right-of-way without the consent of the abutting property owner. B. Campaign signs posted in connection with the elections held at times other than a state general election are subject to the following: 1. Maximum Size - six square feet. 2. Maximum Number- one sign for each candidate per frontage. 3. Maximum Duration - 60 days prior to the election until seven days following the election. 460- 5 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.03 4. Location - Such campaign signs shall conform with the provisions of Subd. 3 of Subsection 460.03. No such sign shall be placed upon the right- of-way without the consent of the abutting property owner. Subd. 5 Non-Commercial Opinion Signs. Subject to the provision of Subsections 460.03 and 460.04, non-commercial opinion signs are permitted as follows: A. In all residential districts subject to the following restrictions: All other R-1 and R-2 Districts 1. Maximum size 6 sq. ft. 15. sq. ft. 2. Maximum number 1 per lot 1 per lot 3. Maximum height 6 feet 6 feet B. All non-residential districts subject to the following restrictions: 1. Maximum size 16 sq. ft. 2. Maximum number 1 per lot 3. Maximum height 6 feet Subd. 6 Orientation of Signs on Corner Lots or Through Lots. When more than one sign is permitted due to multiple frontages, each permitted sign must be oriented toward its respective frontage. It is the intent herewith to prohibit lots with multiple frontages from combining sign rights so as to erect larger signs or additional signs that are oriented to only one frontage. Subd. 7 Temporary Construction Signs - New Buildings. One temporary construction sign may be installed upon a construction site of a new building with ten or more dwelling units or any new non-residential principal use building denoting the name of the owner, architect, engineer, contractor and lender, provided such sign does not exceed 32 square feet in area. Temporary construction signs measuring six square feet or less in sign area are permitted for new residential buildings of less than ten dwelling units. Temporary construction signs shall be removed upon issuance of a certificate of occupancy for any part of the building. Freestanding signs shall not exceed ten feet in height. Subd. 8 Temporary For Sale Signs - Existing Buildings and Vacant Land. A j temporary sign may be erected for the purpose of selling or leasing a residential or non-residential building or selling vacant land provided: 460- 6 Supplement 2001-01 i i City of Edina Buildings, Construction and Signs 460.03 A. Such signs shall not exceed 16 square feet for non-residential buildings, residential buildings of ten or more dwelling units, or vacant land. Provided, however, such signs may be increased to not more than 32 square feet if the lot or tract abuts a highway with a speed limit of 50 miles per hour or more and the sign is oriented to such highway. Temporary signs for the purpose of selling or leasing one vacant lot in the R-1 or R-2 Districts or a residential building of less than ten dwelling units shall not exceed six square feet. B. Only one such sign shall be permitted per building or vacant lot or tract. If the building is one of two or more buildings which together comprise a tract, then only one sign per tract shall be permitted. C. Signs for non-residential projects shall be located no closer than 100 feet to any pre-existing residence. D. Freestanding signs shall not exceed ten feet in height. E. All sign surfaces including legs and support members shall be painted and maintained in a crack free and blister free condition. Subd. 9 Building Leasing or Rental Signs. The maximum allowed sign area of a building identification sign or an area identification sign may be increased by 20 percent or 16 square feet, whichever is less, for the purpose of displaying information regarding the rental or leasing of space or dwelling units. Such rental or leasing information shall: A. Be integral to the building identification or area identification sign. B. Be constructed of the same materials and colors as the building identification or area identification sign. If the building identification sign or area identification sign area is increased in accordance with this Subdivision, then no temporary sign as permitted by Subd. 8 of this Subsection shall be placed on the property. Subd. 10 Multi-Faced Signs. The total sign area of any multi-faced sign shall not exceed twice the permitted area of a single-faced sign. The angle of incidence between any two faces of a multi-faced sign shall not exceed 60 degrees. Subd. 11 Traffic Directional Signs. Traffic directional signs shall not exceed six square feet in area. Subd. 12 Projecting Signs. Projecting signs shall be permitted only in the Planned Commercial District, subject to the following restrictions: A. The maximum sign area shall be 20 square feet per facing. 460 - 7 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.03 B. Not less than eight feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign. C. Signs shall project from the face of the building no more than the lesser of (i) one-third of the sidewalk width, or (ii) six feet. Sidewalk width shall be measured perpendicular to the face of the building at the proposed sign location. D. The maximum sign area of wall signs located on the same building of the projecting sign shall not exceed five percent of the wall area. E. Proof of insurance and indemnification shall be provided in accordance with Subd. 5 of Subsection 460.06. Subd. 13 Awnings, Canopies, or Marquees. A. Awnings, canopies or marquees shall be considered as part of the wall area and thus shall not warrant additional sign area. B. Awnings, canopies or marquees constructed of transparent or translucent material shall be deemed to be a sign panel for purposes of determining sign area. Subd. 14. Address Signs. Address signage shall be required on all buildings in all districts. The Building Official shall assign address numbers to buildings. Subd. 15 Bench Signs. Bench signs shall be permitted only at bus stops and shall not be permitted in residential districts. Subd. 16 Church Directional Signs. Church directional signs shall be permitted in all districts provided the total area of such signs shall not exceed four square feet per facing. Subd. 17 Signs Located on Interiors of Buildings. Signs which are located on the interior of a building and are not visible from outside of said building shall be exempt from the provisions of this Section and shall not require permits or payment of fees. Subd. 18 Temporary Subdivision and Rezoning Signs. Temporary subdivision and rezoning signs, as required by Sections 810 and 850 of this Code, shall be exempt from the provisions of this Section and shall not require permits or payment of fees. Subd. 19 Temporary Garage and Estate Sale Signs. Signs promoting occasional sales in residential areas, as permitted in Subsection 850.07, Subd. 12 of this Code, may be placed on the lot where the sale is taking place provided: 460 - 8 Supplement 2007-01 City of Edina Buildings, Construction and Signs 460.03 A. Such signs shall not exceed six square feet. B. One sign is permitted per frontage. C. Such signs shall be removed at the end of the sale. Subd. 20 Home Security Signs. Signs which advise of home security systems may be erected provided: A. Such sign shall not exceed one square foot. B. One sign is permitted per frontage. Subd. 21 Monuments. Monuments shall not exceed eight feet in height. Subd. 22 Banners and Pennants. Banners and pennants are permitted only as follows: A. During a one week period of time on the occasion of the initial opening of a new business. B. As an integral part of the design of a building. In such cases, the banner must be made of a durable material and designed to be permanently affixed to the building. Subd. 23 Flags. Not more than three flags may be displayed on each lot or tract. Subd. 24 Scoreboard Sponsor Panels. Sponsor panels and other forms of advertising on scoreboards are permitted only at Braemar Park, VanValkenburg Park and Kuhlman Field. Scoreboard sponsor panels and other advertising on scoreboards shall be integral to the scoreboard and shall be constructed of the same materials as the scoreboard. 460.04 Prohibited Signs. The following signs are prohibited in all districts: A. Non-Accessory Signs. B. Indecent Signs. Signs containing offensive or indecent symbols, pictures, or written material. C. Roof Signs. D. Motion Signs. E. Portable Signs. 460-9 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.04 F. Signs, other than Governmental Signs, which are attached to utility poles, street lights or trees. G. Searchlights or Beacons. H. Vehicles with Signs. It is the intent of this Subdivision to prohibit the use of a vehicle for the purpose of providing signage. In addition to the requirements imposed by Sections 850 and 1046 of this Code, vehicles bearing signs exceeding two square feet in area must comply with the following restrictions: 1. Such vehicles may not be parked within 50 feet of a public road right- of-way. 2. Such vehicles may not bear a sign constructed of paper, cloth, canvas, wood or other material not integral to the body of the vehicle. 3. Such vehicles may not be parked in a location visible from public streets for periods longer than four hours during any 24 hour period. I. Neon or fiberoptic light sources which are not within the permitted sign area. J. Abandoned Signs. 460.05 District Regulations. Subject to provisions of Subsections 460.03 and 460.04, the following building identification signs and area identification signs are permitted in each specific zoning district: Subd. 1 R-1, R-2, and PRD-1 Districts: ape Maximum Maximum Area Maximum Number Height Nameplate or Address One per dwelling 2 sq. ft. 6 ft. unit Building Identification (churches, schools, golf courses, pubic facilities only) Wall: 1 per building 24 sq. ft. N/A Freestanding: 1 per frontage 36 sq. ft. 8 ft. Area One per 24 sq. ft. 6 ft. development 460 - 10 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.05 Public Park Identification One per frontage 24 sq. ft 6 ft. SCOREBOARDS: A. Field #1 (Courtney One 400 sq.ft. 20 ft. Field (including sponsor panels) B. Van Valkenburg Park, One per field 200 sq.ft. 20 ft. Kuhlman Field and (including Braemar Park except sponsor panels) Field #1 at Courtney Fields C. All other public parks, One per field 100 sq. ft. 20 ft. schools and golf courses Public park scoreboard 25% of scoreboard sponsor panels and other area scoreboard advertising Subd. 2 All Residential Districts Except R-1, R-2, PRD-1 and the Mixed Development District. Type Maximum Maximum Area Maximum Number Height Building Identification One per building 12 sq.ft. 6 ft. Area Identification One per 24 sq.ft. 6.ft. development Building Identification One per building 24 sq.ft. 6 ft. (convalescent,nursing or rest homes only) Subd. 3 Automobile Parking District. Type Maximum Number Maximum Area Maximum Height Identification One per frontage 6 sq.ft 6 ft Subd. 4. PCD-1, PCD-2,PCD-3, and PCD-4 Districts. 460- 11 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.05 Maximum Maximum Area Number for Maximum Wall Freestanding Freestanding Maximum District Sign Area Signs Signs Height PCD-1 15% of wall area One per building 80 sq. ft. 8 ft. PCD-2 15% of wall area One per building 80 sq. ft. 8 ft. PCD-3 15% of wall area One per building 100 sq. ft.for first 20 ft. per frontage sign,50 sq.ft. for each additional sign PCD-4 20% of wall area One per building 80 sq. ft for first 20 ft. per frontage sign,50 sq.ft. for each additional sign A. Special Provisions 1. Area identification signs shall be included as part of the maximum allowable number of freestanding signs. 2. Signs which are integral to the design of a gasoline pump are permitted. 3. Signs indicating the location of restrooms are permitted. 4. Permanent window signs shall be included as part of the maximum allowable sign area. Subd. 5 Regional Medical and Planned Office District. Use Maximum Number Maximum Area Maximum Height Buildings four stories or One building 50 sq. ft for first 8 ft less identification sign signs per building per frontage 36 sq. ft. for each additional sign Buildings more than four One building 80 sq. ft for first 8 ft stories identification sign signs per building per frontage 40 sq.ft.for each additional sign 460- 12 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.05 Area Identification One per 50 sq. ft. 8 ft. development A. Special Provisions. In the Regional Medical District only, one wall sign for each accessory retail use is permitted. Each permitted sign must be attached to the ground floor level and may not exceed 15 percent of the ground floor wall area of the accessory use. Subd. 6 Planned Industrial District. Tyne Maximum Number Maximum Area Maximum Height Building Identification One per building 80 sq. ft 8 ft A. Special Provisions. In multi-tenant buildings only, one wall sign is permitted for each tenant having a private entry. The maximum sign area of each sign is 24 square feet. Subd. 7 Mixed Development District. It is the intention of this Subdivision to require that all elements of a mixed development be integrated and linked by signs that express a consistent and uniform design theme. A. Area Identification Signs. 1. MDD-3 and MDD-4. One sign per development for each frontage not to exceed 50 square feet. 2. MDD-5 and MDD-6. One sign per development for each frontage. a. Sign Area -MDD-5 Maximum area of first sign 70 sq. ft. Maximum area of additional signs 40 sq. ft. b. Sign Area - MDD-6 Maximum area of first sign 100 sq. ft. Maximum area of additional signs 70 sq. ft. 3. Maximum Height-eight feet. B. Building Identification Signs - Residential. One freestanding sign not to exceed 24 square feet for each building with ten or more dwelling units. One wall sign not to exceed six square feet for each building. Maximum height - eight feet. C. Intra-Area Directories. One directory per major entry from a public street to a development not to exceed ten square feet. Maximum height- six feet. 460- 13 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.05 D. Accessory Retail Signs. One wall sign for each accessory retail use provided each sign must be attached to the ground floor level and may not exceed 15 percent of the ground floor wall area of the accessory use. All signs shall be individual letters of uniform size, design and materials. E. Building Identification Signs - Office. 1. MDD-6. One wall sign per building per frontage and one freestanding sign per building per frontage. The maximum area of the first wall sign or freestanding sign shall not exceed 50 square feet and the maximum area of each additional sign shall not exceed 36 square feet. Maximum height - eight feet. 2. MDD-3, MDD-4, and MDD-5. One building identification sign per frontage. The first sign shall not exceed 50 square feet and each additional sign shall not exceed 36 square feet. Maximum height- eight feet. F. Retail and Publicly Owned Facilities Signs - MDD-6. Signs for retail buildings and publicly owned facilities are permitted in accordance with the PCD-3 District requirements provided in Subsection 460.05, Subd. 4, provided the maximum area of freestanding signs shall not exceed 50 square feet. G. Publicly Owned Facilities - MDD-3, MDD-4, and MDD-5. Signs for publicly owned facilities in the MDD-3, MDD-4, and MDD-5 Districts are permitted in accordance with Subsection 460.05,Subd. 1. H. Suites Hotels and Theatres. Signs for suites hotels and theatres are permitted in accordance with the PCD-3 District requirements provided in Subsection 460.05,Subd. 4. I. Special Requirements - Wall Signs. No wall signs shall be placed on walls of non-residential buildings which directly face, abut or adjoin a public park or residential uses. J. Special Requirements - Freestanding Signs. All freestanding signs shall be of uniform design and scale. 460.06 Administration and Enforcement. Subd. 1 Permits. Except as provided in Subd. 3 of this Subsection, the owner or occupant of the lot or tract on which a sign is to be displayed, or the owner or installer of such sign, shall file an application for a permit with the Planner upon forms provided by the Planner. Permits must be acquired for all existing, new, relocated, modified or redesigned signs except those specifically exempted below. The applicant shall submit with the application a complete description of the sign and a scaled drawing showing its size, placement, manner of construction, illumination, and such other information as deemed necessary by the Planner. At 460 - 14 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.06 the time of application the applicant shall also submit a fee in the amount required by Section 185 of this Code. If a sign is erected without a permit, the applicant shall submit an application for a permit and pay a fee that is two times the fee set out in Section 185. If a sign has not been installed within three months after the date of issuance of said permit, the permit shall become null and void. Subd. 2 Sign Identification Decal. Upon issuance of a permit, the Planner shall also issue a sign identification decal. The permit holder shall attach the decal to the lower left front surface of the sign. Such decal shall indicate the number of the sign permit. Subd. 3 Exemptions. The following signs may be erected or displayed without obtaining a permit therefore; provided, however, such signs must comply with all other requirements of this Section: A. A temporary window sign placed within a building and not exceeding 25 percent of the window area. B. Signs having a total area of six square feet or less. C. Governmental signs and signs erected by the Edina Public Schools. D. Temporary signs as listed in Subsection 460.03, Subd.4, 5, 7, and 8. E. Memorial signs or tablets less than six square feet in area containing the name of the building, its use and date of erection when cut or built into the walls of the building and constructed of bronze, brass, stone or marble. F. Signs which are completely within a building and are not visible from the outside of said building. G. Temporary subdivision and rezoning signs, as required by Sections 810 and 850 of this Code. Subd. 4 Violations and Fines. If the Planner finds that any sign or signs regulated by this Section is or are prohibited as to size, location, content, type, number, height or method of construction, or are unsafe, insecure or a menace to the public, or if any sign has been constructed or erected without a permit first being issued, or is improperly maintained, or is in violation of any other provisions of this Section, the Planner shall give written notice of such violation to the owner or lessee of the sign. If the owner or lessee fails to remove or alter the sign so as to comply with the provisions set forth in this Section within 24 hours following receipt of said notice: A. Such sign may be deemed to be a nuisance and may be abated by the City by proceedings taken under M.S. Chapter 429, or any other nuisance abatement procedures allowed by this Code or State Law and the cost of 460- 15 Supplement 2001-01 City of Edina Buildings, Construction and Signs 460.06 abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located; or B. Such owner or lessee may be prosecuted under Subsection 100.09 of this Code; and C. The City may exercise any and all other remedies provided by Subsection 100.09 of this Code. If the owner or lessee shall have been given notice of a violation hereunder and shall have removed or altered the sign, and shall then re-erect or install a sign which is the same as or similar to the sign as to which notice of violation was given, such re- erection or installation shall be deemed a violation of this Section, and no notice of such violation shall be required. Subd. 5 Insurance. The owner of any projecting sign shall furnish, with a permit application, proof of self-insurance or that public liability insurance has been procured for any death or personal injury caused by such sign, in amounts not less than $100,000 for injury to or death of one person, or $300,000 for any one incident, and of not less than $50,000 for damage to property arising from any one incident. The owner shall maintain such insurance in effect at all times that the sign remains in place. The owner shall also indemnify and hold the City and the City's officials and employees harmless from any loss, cost, damage and expenses caused by the projecting sign. Subd. 6 Variances and Appeals. A permit applicant or permit holder may request a variance from the literal provisions of this Section by filing a petition for a variance with the Planner. The petition shall be accompanied by a fee in the amount set forth in Section 185 of this Code. A permit applicant or permit holder also may appeal any alleged error in any order, requirement, decision, or determination made by the Planner in the enforcement of this Section. Appeals shall be filed in the same manner as provided in Subsection 850.04 of this Code. Variances and appeals shall be heard by the Zoning Board of Appeals and decisions of the Board may be appealed to the Council, as provided in said Subsection 850.04 of this Code. The Board shall grant a variance from the provisions of this Section only upon finding that: A. There are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and zoning district; B. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district, but which is denied to the property in question; 460- 16 Supplement 2001-01 i City of Edina Buildings, Construction and Signs 460.07 C. That the strict application of this Section would constitute undue hardship as defined in Section 850 of this Code, and D. That the granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zoning district in which the property is located. 460.07 Non-Conforming Signs. Subd. 1 Non-Conforming Temporary Signs. Any non-conforming temporary sign lawfully existing at the time of adoption of this Section shall be made to comply with the requirements set forth herein or shall be removed within 90 days after the adoption of this Section. Subd. 2 Non-Conforming Permanent Signs. Non-conforming permanent signs shall be allowed to continue in use, but shall not be rebuilt, altered other than to change the message, or relocated without being brought into compliance with the requirements of this Section. After a non-conforming sign has been removed, it shall not be replaced by another non-conforming sign. Subd. 3 Non-Conforming Temporary Signs - South Edina Development Addition. Temporary construction and real estate signs located on Outlot E and Lot 1, Block 4, South Edina Development Addition, may continue to exist subject to the following: A. The signs may not be increased in sign area or number of signs. B. The signs may not be relocated. C. The signs must be removed or brought into conformance with this Section when either of the following occur: 1. A building is constructed on the lot or outlot occupied by the sign; or 2. A building is constructed on the lot or outlot adjacent to the lot or outlot occupied by the sign. Subd. 4 Discontinued Non-Conforming Signs. Whenever use of a non-conforming sign has been discontinued for a period of 90 days, such use shall not thereafter be resumed unless in conformance with the provisions of this Section. History: Ord 451 codified 1970; amended by Ord 451-AI 6-10-71, Ord 451-A2 10-24-74, Ord 451-A3 9-11-75, Ord 451-A4 9-8-76, Ord 451-A5 12-10-86, Ord 451-A6 10-25-89, Ord 451- A7 3-28-90, Ord 1993-8 6-7-93, Ord 1994-7 7-27-94, Ord 1995-6 8-17-95; Ord 1998-4, 5-4- 98; Ord 2000-3; 2-1-00; Ord 2001-0710-3-01; Ord 20074- 2-20-07 Reference: M.S. Chapter 429, M.S. 211B.045 Cross Reference: Sections 185, 810, 850, 1045, Subsections 100.09, 850.04, 850.07 460 - 17 Supplement 2007-01 City of Edina Land Use, Platting and Zoning 810.02 Section 810 - Plats and Subdivisions 810.01 Purpose and Objectives. The purpose and objectives of this Section are to provide for the orderly, economic and safe development of land and urban services and facilities; to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds and other public services and facilities; to promote the public health, safety and general welfare by establishing physical standards, design requirements and procedures for plats and subdivisions of land; to allow flexibility in design of plats and subdivisions; to develop a consistency with and to help implement the zoning, building and other applicable sections and provisions of this Code; to support and further the City's Comprehensive Plan by establishing uniform procedures and regulations for plats and subdivisions to preserve and enhance the value and viable economic use of property; to protect the character and symmetry of neighborhoods in the City; and to protect and further, and not frustrate, legitimate investment backed expectations of property owners. 810.02 Definitions; Zoning Ordinance; Construction Rules; Severability. Subd. 1 Definitions. Unless the context clearly indicates otherwise, the following words, terms and phrases, shall have the stated meanings: Applicant. All persons, whether one or more, who request approval by the City of a plat, subdivision or lot division pursuant to this Section. Commission. The Planning Commission of the City. Comprehensive Plan. The Comprehensive Plan of the City containing the elements set within M.S. 462.352, Subd. 5, adopted by the City in 1980, pursuant to applicable Minnesota Statutes, as now or hereafter amended or modified, and including any similar plan or plans as may supersede or be substituted for the Comprehensive Plan. The Comprehensive Plan is incorporated into this Section by this reference as completely as if fully set out. Median. The value (being, in this Section, lot area, lot depth or lot width, as the case may be) in an ordered set of such values below which and above which there is an equal number of such values, or which is the arithmetic mean of the two middle values if there is no one such middle value. Neighborhood. All lots in the Single Dwelling Unit District as established by Section 850 of this Code which are wholly or partially within 500 feet of the perimeter of the proposed plat or subdivision, except: A. Lots used for publicly owned parks, playgrounds, athletic facilities and golf courses; B. Lots used for conditional uses as established by Section 850 of this Code; or 810 - 1 City of Edina Land Use, Platting and Zoning 810.02 C. Lots separated from the proposed plat or subdivision by the right of way of either T.H. 100 or T.H. 62. If the neighborhood includes only a part of a lot, then the whole of that lot shall be included in the neighborhood. As to streets on the perimeter of the proposed plat or subdivision, the 500 feet shall be measured from the common line of the street and the proposed plat or subdivision. Of Record. Recorded in the office of the County Recorder, Hennepin County, Minnesota, or filed in the Office of the Registrar of Titles, Hennepin County, Minnesota, whichever is the appropriate office to give constructive notice of the document of record. Outlot. An area, parcel, tract or lot of land shown on a plat or subdivision as an outlot. Parcel, Tract or Lot. The definitions in Section 850 of this Code for parcel, tract, and lot are incorporated into this Section by reference. Plat. The map of one or more subdivisions prepared for filing of record pursuant to, and containing all elements and requirements in M.S. 505 and containing all of the elements and requirements for a subdivision set forth in this Section, to the extent such requirements and elements were not waived pursuant to such statute or this Section, or containing all of the elements and requirements imposed by, and not waived pursuant to, the Statutes and Sections of this Code which were applicable when such map was prepared for filing of record. Subdivision. The separation of an area of land, of a parcel, tract or lot into two or more parcels, tracts or lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads or alleys, for residential, commercial, industrial or other use, or any combination, except the following separations: A. Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet or wider in width for residential uses and five acres or larger in size and 300 feet or wider in width for commercial and industrial uses; B. Creating cemetery lots; or C. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. For the purposes of this Section, a subdivision shall include Registered Land Surveys and Auditor's Subdivisions. 810 - 2 City of Edina Land Use, Platting and Zoning 810.04 Subd. 2 Zoning Ordinance Incorporated. Section 850 of this Code, (the Zoning Ordinance) and all amendments, modifications and supplements made to, and all Sections hereafter adopted by the Council as successors to said Section 850 are incorporated into this Section by. this reference as completely as if fully set out and the provisions of this Section and Section 850 shall be read and interpreted so as to result in a uniform and consistent application to all property. However, the provisions of Subsection 810.05 relating to variances from the provisions of this Section shall apply over any similar provisions in Section 850 of this Code. Subd. 3 Construction Rules. The rules of construction set out in Subsection 850.03 of this Code are incorporated into this Section by reference. 810.03 Plat Required. Subd 1. Compliance in Platting. Every subdivision, except as provided in Subsection 810.04 shall be platted in full compliance with M.S. 505, this Section, Section 850 of this Code and the Comprehensive Plan. Subd. 2 Platting for Transferring Land. Any land transferred from one zoning district to another zoning district, excluding, however, transfers to or from the Heritage Preservation Overlay District or the Flood Plain Overlay District, as defined in Section 850 of this Code, shall be platted in full compliance with M.S. 505, this Section, Section 850 of this Code and the Comprehensive Plan, in connection with, at the time of, and as a condition to, such transfer. Subd. 3 Parcels. The provisions of this Section shall apply also to parcels taken from a parcel, tract or lot then existing of record by use of a metes and bounds description, and such subdivisions shall be platted in full compliance with M.S. 505, this Section, Section 850 of this Code and the Comprehensive Plan. 810.04 Plat Not Required. Subd. 1 Double Dwelling Units. As provided in Subd. 1 of this Subsection 810.08, no plat shall be required for subdivisions of lots in Double Dwelling Unit Districts but only a lot division pursuant to Subd. 2 of this Subsection 810.04 shall be required. Subd. 2 Lot Divisions. No plat shall be required for any lot division which adjusts or relocates a common lot line separating two lots and which does not create a new undeveloped parcel, tract or lot that complies, alone or in combination with one or more other parcels, tracts or lots, with the applicable minimum lot area and other requirements of this Section and Section 850 of this Code. However, before any lot division shall be made or any conveyance resulting from the lot division is placed of record, the Council shall adopt a resolution approving the same, and the procedure shall be the same as for preliminary plat approval as set out in Subsection 810.10 except that (i) notice of the hearing before the Council need not be published, (ii) no sign need be erected, and (iii) only a survey prepared and signed by a Minnesota registered land surveyor showing the proposed lot division need be filed with the Planner together with 810 - 3 City of Edina Land Use, Platting and Zoning 810.06 the required fee and such additional information that, in the opinion of the Planner, is necessary for evaluation of the lot division and determination that it is consistent with the requirements of this Section. 810.05 Variances. Subd. 1 Grant by Council. In connection with the preliminary or final approval of a plat or subdivision the Council may grant variances from the provisions of this Section. The Council shall grant variances only upon finding that an unusual hardship exists as to the land within the plat or subdivision, and specifically that: A. The hardship is not a mere inconvenience; B. The hardship is due to the particular physical surroundings, shape or topographical condition of the land; C. The condition or conditions upon which the request for a variance is based are unique to the property being platted or subdivided and not generally applicable to other property; D. The hardship is caused by this Section and not by the applicant; E. The variance will result in an improved plat or subdivision; and F. The variance, if granted, will not alter the essential character of the land within the plat or subdivision or in the neighborhood. A grant of a variance by the Council shall be deemed to include a favorable finding on each of the variance grounds set out above even if not specifically set out in the approval resolution or the minutes of the Council meeting. Subd. 2 Conditions. In granting a variance the Council may impose conditions to ensure compliance with the purpose and objectives of this Section and other applicable provisions of this Code and to protect adjacent properties. The conditions may be made a part of any Development Contract required by Subsection 810.12. 810.06 Denial of Permits. A building permit or other permit for the development or improvement of any parcel, tract, or lot may be denied for any of the reasons set out in this Subsection: Subd. 1 Violations of M.S. 462. If the parcel, tract or lot is conveyed in violation of the provisions of M.S. 462. Subd. 2 Non-Compliance. If the parcel, tract or lot is within any plat or subdivision made after adoption of this Section which does not comply with the requirements of this .Section and was not approved by the Council pursuant to this Section. 810 - 4 City of Edina Land Use, Platting and Zoning 810.09 Subd. 3 Filing. If the parcel, tract or lot is in any plat made after adoption of this Section which has not been filed and a certified copy delivered to the Planner as required by Subd. 4 of Subsection 810.10. Subd. 4 Outlot. If the parcel, tract or lot is an outlot. 810.07 Outlots. It is the policy of the City to allow outlots on plats and subdivisions presented to the City for approval pursuant to this Section, but only for the purpose of simplifying the descriptions of parcels of land (i) that would otherwise be excepted from the platted area, or (ii) that are to be conveyed or dedicated to the City or other public body. Therefore, any outlots shown on a plat or subdivision approved by the Council shall not be, nor be deemed to be, lots or parcels as defined in Section 850 of this Code, nor shall any outlots be developed by the erection or placing of improvements on the outlots, unless first replatted into lots and blocks pursuant to this Section and the applicable provisions of State Law. Except, however, improvements may be erected or placed by the City or other public body upon outlots conveyed or dedicated to it. 810.08 Double Dwelling Unit District (R-2) and Townhouse Plats. Subd. 1 Double Dwelling Units. Any lot in the Double Dwelling Unit District as then determined by Section 850 of this Code may be subdivided into two lots notwithstanding the regulations stated in Section 850 of this Code which apply to the Single Dwelling Unit District. Provided, that as a condition to the approval of the subdivision the owner or owners of the lot to be subdivided shall make a separate and independent connection of each dwelling unit on the lot to be subdivided with the public sanitary sewer and water mains, as required by Section 445 of this Code. Subd. 2 Townhouse Plats. As conditions to the approval of any townhouse plat, as defined in the Section 850 of this Code, of previously built and then existing townhouses, as defined in Section 850 of this Code, each townhouse shall be separately and independently connected to the sanitary sewer and water mains as required by Section 445 of this Code. 810.09 Application; Fees; Charges; Application Requirements. Subd. 1 Filing with the Planner. All applications for plats and subdivisions and all lot divisions pursuant to Subd. 2 of Subsection 810.04 presented for approval by the Commission and Council shall be filed with the Planner on forms prescribed by the Planner and shall be accompanied by a fee in the amount set forth in Section 185 of this Code. The fee shall not be refunded for any reason including without limitation, rejection of the plat, subdivision or lot division by the Council, or abandonment or withdrawal of the proposed plat, subdivision or lot division by the applicant. The City shall have no duty to process or act on any plat, subdivision or lot division unless and until the applicable fee has been paid to the City. Also, no application shall be complete until all information and documents required by this Subsection have been filed with the Planner. 810 - 5 City of Edina Land Use, Platting and Zoning 810.09, Subd. 2 Additional Fees. Each person, by filing or submitting an application for approval by the City of a proposed plat, subdivision or lot division, shall have agreed to pay all administrative expenses and attorneys' fees, with interest and costs as provided in this Subd. 2, incurred by the City in connection with or as a result of reviewing and acting on such application. If more than one person signs an application, all signers shall be jointly and severally liable for such expenses and fees, with interest and costs as provided. The expenses and fees to be paid to the City pursuant to this Subd. 2 shall be payable upon demand made by the City, and if not paid within five days after the demand is made, shall bear interest from the date of demand until paid at a rate equal to the lesser of the highest interest rate allowed by law or two percentage points in excess of the reference rate. The applicants shall also pay all costs, including attorneys' fees, incurred by the City in collecting the expenses, fees and interest, with interest on such costs of collection from the dates incurred until paid, at the same interest rate as is payable on the expenses and fees. For purposes of this Section, reference rate shall mean the rate publicly announced from time to time by First Edina National Bank, or any successor, as its reference rate, and if the bank, or its successor, ceases publicly announcing its reference rate, reference rate shall mean the interest rate charged from time to time by such bank or its successor on 90-day unsecured business loans to its most creditworthy customers. Subd. 3 Additional Requirements. A. There shall be delivered with each application a written instrument from each utility company showing that arrangements acceptable to the Planner have been made with the utility company for the installation of utilities in the manner required by this Section and other applicable sections of this Code. B. The applicant shall erect, or cause to be erected, a sign or signs as required by paragraph B. of Subd. 2 of Subsection 850.04 of this Code, except that the information contained shall be as follows: C. "This property proposed for subdivision by: (Names of Applicants) (Telephone Numbers of Applicants) D. For information contact Edina Planning Department, Telephone No. 927-8861". E. The applicant shall also give mailed notice to the owners of all lots in the neighborhood of the proposed plat or subdivision, as such owners and their addresses shall be shown on a list prepared by the City, and for a fee established pursuant to Section 185 of this Code. The notice shall be on a form prescribed by the Planner, but, at a minimum, shall advise of the proposed plat or subdivision, the number of lots to be created, and the address and phone number of the applicant. 810 - 6 , City of Edina Land Use, Platting and Zoning 810.09 F. The sign or signs required by paragraph B. of this Subd. 3 at all times shall be kept in good repair and shall be maintained in place until a final decision on the application has been made by the Council, and shall be removed by the applicant within five days after the final decision. If the signs are not kept in good repair or removed as required, then such signs shall be deemed a nuisance and may be abated by the City by proceedings under M.S. 429, and the cost of abatement, including administrative expenses, may be levied as a special assessment against the property upon which the sign is located, or the applicant may be prosecuted for violation of this Section, and if convicted shall be guilty of a misdemeanor and subject to penalties pursuant to Section 100 of this Code. If there is more than one applicant, they shall be jointly and severally liable. G. The applicant shall also deliver to the Planner such other information as is necessary, in the Planner's opinion, for evaluation of the application and determining consistency and compliance with the requirements of this Section and this Code. Subd. 4 Application Data. The applicant shall file with the application the following information which is required for all proposed plats and subdivisions, and which shall be shown on the proposed plat or subdivision or other accompanying document: A. The proposed name of the proposed plat or subdivision. B. The name, address and telephone number of each owner, each agent of any owner, each applicant, the surveyor and the designer of the proposed plat or subdivision. C. A graphic scale (no smaller than 1" = 50'), the north point and the date of preparation of the proposed plat or subdivision. D. The plat or subdivision, and the perimeter lines of each lot, with bearings and distances. E. The lot and block numbers. F. The lot width, lot depth, and lot area, as defined by Section 850 of this Code, of each proposed lot and outlot. G. The total area, area in lots, area in streets and other public uses, by square footage. H. The legal description of the tract to be platted, together with its PIN numbers(s). I. The existing zoning classification(s) of the property. 810 - 7 i City of Edina Land Use, Platting and Zoning 810.09 . J. Location and size of any proposed outlots, and a conceptual plan (graphically and in writing) for future development. K. All existing public roads and rights-of-way serving the property, including the grade, width, legally established centerline elevation, and the location and elevation of sidewalks. L. All proposed public roads and rights-of-way. M. Existing easement locations, widths and purposes, and showing invert elevation of sewers. N. Proposed easement locations, widths and purposes. O. Location of existing and proposed utilities, including distance to nearest utilities not on or adjoining the property, and showing the invert elevation of sewers. P. Existing elevations and contours at two foot intervals and a preliminary grading plan showing resulting elevations and contours at two foot intervals. Q. Minimum front, rear and side setbacks for the proposed improvements on the proposed lots. R. Location of all wetlands, streams, ponds or lakes within or flowing through the property proposed to be platted or subdivided with normal high water and 100 year frequency flood elevation. S. Location of all proposed parks, drainage facilities and area proposed to be dedicated for public use. T. Ground elevation of land within 100 feet of the perimeter property lines of the area proposed to be platted or subdivided, showing contour lines at two foot intervals. i U. If the land proposed to be platted or subdivided is within the floodplain in whole or in part as determined by Section 850 of this Code, then there shall be shown the location and elevation of the floodplain, the elevation of each building site on each lot within the floodplain, the elevations of the road access to the plat or subdivision and to each building site within the flood plain, and such other information as is required to evidence compliance with Subsection 850.21 of this Code. V. The land area, by total square footage and as a percentage of all land in the proposed plat or subdivision, to be disturbed in the subdivision by public and private improvements, and the location of such disturbed areas. 810 - 8 I City of Edina Land Use, Platting and Zoning 810.10 objectives of this Section as the Council may deem necessary or desirable; or 2. Grant preliminary and final approval at the same time, with or without modification, and without conditions, or with such conditions reasonably related to the purpose and objectives of this Section as the Council may deem necessary or desirable; or 3. Refer the plat, subdivision or lot division to the Commission or other appropriate City commissions, officers or departments for further investigation and report to the Council at a specified future meeting; or 4. Reject the plat, subdivision or lot division. B. The Council shall either grant preliminary approval or reject the proposed plat or subdivision within 120 days of the receipt by the Planner of an application completed in compliance with this Subsection 810.09 unless applicant agrees to an extension of the review period. C. The grant of preliminary and final approval by the Council shall be deemed to include a favorable finding on all required matters as set out in this Section even if not specifically set out in the approval resolution or the minutes of the Council meeting. Subd. 3 Final Approval. A. When a plat or subdivision has been given preliminary approval, the Planner shall submit a supplementary report to the Council recommending final approval upon receipt by the Planner of the following: 1. A written request from the applicant for final approval; 2. Evidence and documents satisfactory to the Planner meeting and complying with the conditions and modifications imposed by the Council at the time of granting preliminary approval; 3. Two mylar or linen reproducible tracings and copies of the final plat complying with the requirements of this Section, the preliminary approval granted by the Council, and M.S. 505, together with evidence that the final plat has been received and approved by the County surveyor's office; 4. The Developer's Agreement and Development Contract fully executed by the applicant and the City, and the security, as required by Subsection 810.12; 5. A letter or other signed document from each utility company agreeing to comply with Subsection 810.14 of this Section; 810 - 11 City of Edina Land Use, Platting and Zoning 810.10 6. Evidence acceptable to the Planner evidencing ownership of, and encumbrances on, the property proposed to be platted or subdivided, including, without limitation, a written opinion from the applicant's counsel addressed to the City opining that all documents executed by the applicant and delivered to the City have been duly executed and delivered, have been duly authorized by .all necessary corporate, partnership or other entity action, are binding on the signing parties and enforceable in accordance with their terms, and containing such additional statements as the Planner may request; and 7. All fees and expenses to be paid by the applicant pursuant to Subsection 810.09, including attorney's fees incurred by the City. Provided, however, if any one or more of the foregoing items is not received by the Planner, the Planner may yet submit a supplemental report to the Council, and the Council may condition its final approval upon the receipt by the Planner of those items not then so received, as well as other matters reasonably related to the purpose and objectives of this Section. B. Upon receipt of the supplementary report of the Planner, the Council shall act thereon, which action shall be by resolution. Such resolution shall be passed within 60 days of receipt of such supplemental report of the Planner. Final approval may be conditioned as provided in paragraph A. of this Subd. 3 and may also be conditioned upon receipt of the land dedication or cash contribution required pursuant to Subsection 810.13 and upon compliance with any conditions and modifications imposed at the time of preliminary approval and not yet met or fulfilled. If the Council imposes conditions in any grant of final approval, then the officers of the City shall not sign such plat, nor shall the Clerk issue any certified copy of the resolution of the Council giving such final approval, until such conditions are met and complied with. The Clerk is authorized, once such conditions have been met and complied with, to issue a certified copy of the resolution of the Council giving such final approval, without reference to such conditions. C. If the'supplementary report of the Planner is not submitted to the Council by the first anniversary date of the Council resolution granting preliminary approval, the plat or subdivision shall be deemed abandoned and withdrawn and of no effect, and a new application shall be filed and the plat or subdivision again submitted for review and action pursuant to this Section. Subd. 4 Filing of Plat; Certified Copy of Approving Resolution. A. The applicant shall file of record the final plat, at applicant's expense, as soon as possible after receipt by applicant of a certified copy of the Council resolution giving final approval of the plat. Said plat shall not be filed of record, nor accepted of record, unless said certified copy of the Council 810 - 12 City of Edina Land Use, Platting and Zoning 810.11 resolution giving such final approval accompanies such plat when presented for filing of record. A certified copy of such filed plat with the recording data shall be filed with the Planner. B. If the plat is not filed of record and a certified copy filed with the Planner by the first anniversary date of the Council resolution giving such final approval (even if such final approval is conditional on performance of further acts by applicant or others), the plat or subdivision shall be deemed abandoned and withdrawn and of no effect, and a new application shall be filed and the plat or subdivision again submitted for review and action pursuant to this Section. C. If the approved plat is of land contiguous to another municipality, the Clerk shall also file a copy of such resolution with the governing body of such municipality. D. The Clerk shall not give a certified copy of the resolution approving the plat or subdivision for a double dwelling unit or a townhouse development until the . requirements of Subsection 810.08 have been fulfilled. E. The Clerk shall not give a certified copy of the resolution approving any plat or subdivision or lot division until all fees, interest and costs are paid to the City pursuant to Subsection 810.09. 810.11 Guidelines and Criteria for Evaluating Plats and Subdivisions. Subd. 1 Considerations. The Commission in reviewing proposed plats and subdivisions and in determining its recommendation to the Council, and the Council in determining whether to approve or disapprove of any plat or subdivision, may consider, among other matters, the following: A. The impact of the proposed plat or subdivision, and proposed development, on the character and symmetry of the neighborhood as evidenced and indicated by, but not limited to, the following matters: 1. The suitability of the size and shape of the lots in the proposed plat or subdivision relative to the size and shape of lots in the neighborhood; and 2. The compatibility of the size, shape, location and arrangement of the lots in the proposed plat or subdivision with the proposed density and intended use of the site and the density and use of lots in the neighborhood. B. The impact of the proposed plat or subdivision, and proposed development, on the environment, including but not limited to, topography, steep slopes, vegetation, naturally occurring lakes, ponds and streams, susceptibility of the 810 - 13 City of Edina Land Use, Platting and Zoning 810.11 site to erosion and sedimentation, susceptibility of the site to flooding and water storage needs on and from the site. C. The consistency of the proposed plat or subdivision, and proposed development, and compliance by the proposed plat .or subdivision, and the proposed development, with the policies, objectives, and goals of the Comprehensive Plan. D. The compliance of the proposed plat or subdivision, and the proposed development with the policies, objectives, goals and requirements of Section 850 of this Code including, without limitation, the lot size provisions and the Floodplain Overlay District provisions of Section 850 of this Code. E. The impact of the proposed plat or subdivision, and proposed development on the health, safety and general welfare of the public. F. The relationship of the design of the site, or the improvements proposed and the conflict of such design or improvements, with any easements of record or on the ground. G. The relationship of lots in the proposed plat or subdivision to existing streets and the adequacy and safety of ingress to and egress from such lots from and to existing streets. H. The adequacy of streets in the proposed plat or subdivision, and the conformity with existing and planned streets and highways in surrounding areas. Streets in the proposed plat or subdivision shall be deemed inadequate if designed or located so as to prevent or deny public street access to adjoining properties, it being the policy of the City to avoid landlocked tracts, parcels or lots. I. The suitability of street grades in relation to the grades of lots and existing or future extension of the City's water, storm and sanitary sewer systems. J. The adequacy and availability of access by police, fire, ambulance and other life safety vehicles to all proposed improvements to be developed on the proposed plat or subdivision. K. Whether the physical characteristics of the property, including, without limitation, topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, use as a natural recovery and ponding area for storm water, and potential disturbance of slopes with a grade of 18 percent or more, are such that the property is not suitable for the type of development or use proposed. 810 - 14 City of Edina Land Use, Platting and Zoning 810.11 L. Whether development within the proposed plat or subdivision will cause the disturbance of more than 25 percent of the total area in such plat or subdivision containing slopes exceeding 18 percent. M. Whether the proposed plat or subdivision, or the improvements proposed to be placed thereon are likely to cause substantial environmental damage. Subd. 2 Lot Dimensions. If the proposed plat is wholly or partially within the Single Dwelling Unit District, then the minimum lot area, lot width, lot depth and lot width to perimeter ratio shall be as follows: A. The minimum lot area, as defined in Section 850 of this Code, shall be the greater of 9,000 square feet, or the median lot area of lots in the neighborhood. B. The minimum lot width, as defined in Section 850 of this Code, shall be the greater of 75 feet, or the median lot width of lots in the neighborhood. C. The minimum lot depth, as defined in Section 850 of this Code, shall be the greater of 120 feet, or the median lot depth of lots in the neighborhood. D. The lot width to perimeter ratio, as defined in Section 850 of this Code, for any lot in the proposed plat or subdivision shall not be less than 0.1. Subd. 3 Additional Considerations. In addition to the foregoing matters, the Commission, in connection with its recommendation to the Council, and the Council in determining whether to approve or disapprove a proposed plat or subdivision, shall specifically and especially consider the following matters: A. Whether the proposed plat or subdivision complies with the policies, objectives and goals of the Comprehensive Plan. B. Whether the proposed plat or subdivision complies with the policies, objectives, goals and requirements of Section 850 of this Code, including, without limitation, the lot size and dimension requirements of Section 850 of this Code, and the Flood Plain Overlay District and Heritage Preservation Overlay District of Section 850 of this Code, as varied by variances therefrom, if any, granted pursuant to this Section or Section 850 of this Code. C. Whether the design of the proposed plat or subdivision, or the design or type of improvements proposed to be placed thereon, may be detrimental to the health, safety or general welfare of the public. D. Whether the proposed plat or subdivision conforms to, and complies with the requirements of, applicable State Law. 810 - 15 City of Edina Land Use, Platting and Zoning 810.12 E. Whether the proposed plat or subdivision complies with the policies, objectives, goals and requirements of this Section, as varied by variances therefrom, if any. 810.12 Responsibility for Improvements; Subdivision Financing; Security; Development Contracts. Subd. 1 Developer's Agreement. After preliminary approval has been given to a plat or subdivision, the applicant shall enter into a Developer's Agreement (herein called the "Agreement") with the City, on terms and conditions determined by the City, and shall cause all street, water, and sewer improvements required by the Planner or Engineer, or by the resolution granting preliminary or final approval, to be completed, pursuant to the Agreement and to the City's then standards and specifications for such improvements. Such Agreement (a) as to improvements to be installed by the applicant shall obligate the applicant to install and complete all such improvements, at applicant's own expense and under the supervision and inspection of the Engineer, and shall obligate the applicant to pay to the City a fee in compensation for such services in an amount equal to 6.5 percent of the total construction cost of all such improvements within 30 days after receipt of a statement, (b) as to improvements petitioned for by the applicant to be installed by the City, which City installations shall be done only in plats then situated within the Single Dwelling Unit District, the Double Dwelling Unit District and the Planned Residence District, as determined by Section 850 of this Code, shall obligate the City to provide engineering services and construct the improvements and obligate the applicant to pay to the City the cost of such services and construction through payment of special assessments, which shall be payable in not more than three annual installments, and (c) as to improvements petitioned for by the applicant to be installed and assessed in accordance with the regular policies of the City, shall provide for installation, if ordered by the Council, and assessment in accordance with the then policies of the City; provided, however, that the City shall not be obligated to enter into such agreement (i) if the improvements required by the Planner or Engineer or by such resolution are not allocated among the methods at (a), (b) and (c) above in a manner satisfactory to the Engineer, or (ii) if the applicant as to the improvements at (a) and (b) above does not give one or more of a bond, cash in escrow or an irrevocable letter of credit, all as may be required by the Planner or Engineer, or (iii) as to any improvements, if the Council determines that the City must borrow money to pay its costs of construction under such Agreement and such borrowing will jeopardize the City's credit rating. The Agreement shall also provide, as to improvements at (b) above, that if the applicant transfers any lot or parcel in the platted or subdivided area while special assessments then levied or to be levied for the improvements made pursuant to said Agreement remain unpaid, they will be paid or prepaid in full as to such transferred lot or parcel, to the City Treasurer or the County Treasurer, at the time of such transfer. Subd. 2 Security for Improvements. A. Any bond required by the City shall be given by the applicant with a corporate surety authorized to do business in Minnesota and approved by the 810 - 16 1 City of Edina Land Use, Platting and Zoning 810.13 City and, as to improvements referred to at (a) of Subd. 1 of this Subsection, shall be a performance and payment bond in at least the full amount of all contracts for the installation of such improvements, and as to improvements referred to at (b) of Subd. 1 of this Subsection, shall be in the full amount of all costs of making the improvements specified in the Agreement not paid in cash by the applicant before or at the time of entering into the Agreement and shall be given for the securing to the City of the payment of the special assessments. B. Any cash deposit required by the City shall be deposited by the applicant, in escrow, in a national or state bank having an office in the City, in the full amount of the unpaid improvement costs, together with a written agreement signed by the applicant and the bank whereby the funds in escrow will be paid to the City from time to time solely upon the written demand of the City, to the extent of any default by the applicant as to the terms of the Agreement then alleged by the City. C. Any letter of credit required by the City shall be from a national or state bank approved by the City, shall be unconditional and irrevocable, shall be for the full amount of the unpaid improvement costs, and shall provide that funds will be paid to the City solely upon written demand from time to time of the City to the extent of any default by the applicant as to the terms of the Agreement then alleged by the City. D. If there is more than one applicant, all shall join in the Agreement, and shall be jointly and severally obligated to perform the obligations of applicant under the Agreement. Subd. 3 Development Contracts. When preliminary or final approval has been given to a plat or subdivision, and if modifications or conditions have been imposed in connection with such approval, the applicant shall enter into a Development Contract (herein called the "Development Contract") embodying the modifications and conditions of approval, and containing such other terms and conditions as the City may require to impose, enforce and make effective such modifications and conditions. The Development Contract shall be placed of record if requested by the City, at the expense of applicant. 810.13 Land Dedication or Cash Contribution. Subd. 1 Dedicating a Portion of Plat or Subdivision. A reasonable portion of any proposed plat or subdivision shall be dedicated to the City for public use for streets, roads, sewer lines, electric lines, gas lines, water lines and facilities, storm water drainage and holding areas or ponds and similar utilities and improvements. The Planner and Engineer shall recommend to the Council what portion is reasonable, the location, the need and the use. Subd. 2 Land Adjoining Lakes, Ponds or Streams. Where any plat or subdivision adjoins a natural lake, pond or stream, including streams which flow only 810 - 17 City of Edina Land Use, Platting and Zoning 810.13 , intermittently, a strip of land running along all sides which are contiguous to such lake, pond or stream, which strip shall extend from a line 100 feet upland from the lake or pond, as measured from the high water mark, and 100 feet from the centerline of the stream, shall be either (i) dedicated to the City for public use, or (ii) subjected to a perpetual easement in favor of the City over and in said land and the bed and water body of such lake, pond or stream, for the purpose of protecting the hydraulic efficiency and the natural character and beauty of such lake pond or stream. The Commission shall determine which of these options is more appropriate and shall recommend to the Council one of said options. In either case there shall also then be granted to the City the right of ingress to and egress from the said strip of land with workers, equipment.and material. Also, where the easement is determined to be in the best interest of the City, said easement shall also provide that the owners of the areas as to which such easement is granted shall not make, do or place any fill, grading, improvement or development of any kind on or to such easement area, or raise the level of the easement area in any way, but all such right to fill, grade, improve and develop, and to raise the level of the easement area, shall be granted by said easement to the City. Subd. 3 Land for Public Use. In addition to the dedication to be made pursuant to Subd. 1 and 2 of this Subsection, and if the Council reasonably determines that it will need to acquire a portion of land within the plat or subdivision for the purposes stated in this Subd. 3 as a result of approval of the plat or subdivision, then, as to such plat or subdivision, a reasonable portion of the land therein shall be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands or open space, provided that, at the option of the City, the owner or owners shall contribute to the City an amount of cash equal to the fair market value of the land otherwise required to be so dedicated or preserved, or dedicate and preserve a part of such land and contribute the balance of such land value in cash. Land then set aside and dedicated for public recreation purposes pursuant to Subsection 850.13 (Planned Residential District) of this Code may be considered as set aside and dedicated under this Section to the extent required hereunder in connection with such plat or subdivision, but then only to the extent that such land is in excess of the open space then required by Section 850 of this Code. Any money so paid to the City shall be placed in a special fund and used only for the acquisition or development of land for conservation purposes, parks, playgrounds, trails, wetlands, and open space. For purposes of this Section, "fair market value of the land" is defined as the fair market value of the land within such plat or subdivision, as determined by the City Assessor, as of the date the plat or subdivision is granted final approval by the Council. It is the policy of the City, as a general rule, to require dedication of land in the following instances: A. If the property to be dedicated is adjacent to an existing public park or playground and the additional property will beneficially expand the park or playground; 810 - 18 City of Edina Land Use, Platting and Zoning 810.16 B. If the property to be dedicated is six acres or more in size, or is expected to be combined with future acquisitions by the City so that a public park with a minimum of six acres will result; C. If the property to be dedicated abuts or adjoins a natural lake, pond or stream, or a wetland then protected by then applicable state or federal laws or statutes; D. If the property to be dedicated is necessary or desirable for a storm water holding or ponding area, or is an area which the City intends to have dredged or otherwise improved for storm water holding areas or ponds; or E. If the property to be dedicated is a place of significant natural, scenic or historic value. 810.14 Utilities. Subd. 1 Underground Installation of Utilities. All new utilities (excluding main line electric feeders and high voltage transmission lines) constructed within the confines of and providing service to customers in the plat shall be installed underground. Subd. 2 In Public Easements. All electric and gas distribution lines and piping, roadways, curbs, walks and other similar improvements shall be constructed only on a street, alley or other public way or easement which is designated on a plat or subdivision approved by the Council or which has otherwise been approved by the Council. 810.15 Street Maintenance. Until a street in a plat or subdivision has been completed in accordance with the plans and specifications approved by the City, and the Engineer has certified as to such completion, the owner shall keep such street, if used for public travel, in safe condition for such use, at owner's own expense. The City shall not be chargeable with the cost of or the responsibility for the maintenance of such street until the completion of such street has been so certified. 810.16 Penalty. Subd. 1 Violation of M.S. 462.358, Subd. 4b. In addition to the provisions of Subsection 100.09 of this Code, any person who conveys a lot, tract or parcel in violation of M.S. 462.358, Subd. 4b, (which is hereby incorporated herein by reference and made a part of this Code) shall forfeit and pay to the City a penalty of not less than $100.00 for each lot, tract or parcel so conveyed. Also, the city may enjoin such conveyance, or recover such penalty, by a civil action in a court of competent jurisdiction. History: Ord 804 adopted 12-13-89, amended by Ord 1998-5 8-26-98; Ord 2006-01, 03-06-06 Reference: M.S. 462, 505 Cross Reference: Sections 445, 850; Subsections 100.09, 850.21 810 - 19 City of Edina Misdemeanors and Nuisances 1020.02 Section 1020 - False Automatic Alarms 1020.01 Definition of False Police Alarm. An false police alarm shall mean the receipt of and emergency response by the Police Department to an audio or visual alarm or signal from an automatic intruder or burglar alarm or a similar device set off by causes other than criminal activity. 1020.02 Fee for False Police Alarm. A fee in the amount set forth in Section 185 of this Code shall be payable to the City for the second and each subsequent false police alarm within a twelve month period. The fee for an automatic police alarm shall be payable by the owner of the building or premises from which the alarm was received and shall be payable within ten days after a statement therefore is mailed or delivered by the City. History: Ord 1361 adopted 6-17-81; amended Ord 2003-12 12-16-03 Cross Reference: Section 185 1020 - 1